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The Widow Remarriage Act refers to laws aimed at promoting the remarriage of widows, especially in societies where widowhood brought shame or significant social and economic difficulties. One of the earliest and most important Widow Remarriage Acts was passed in India in 1856 during British rule by Lord Dalhousie.
This law was the starting effort to legalize and encourage widows to marry again. It challenged the prevalent customs that forced widows into a life of hardship and isolation after their husbands died. The goal of the act was to improve the status of widows by giving them the right to remarry without losing their inheritance rights or facing social rejection.
Definition of Widow and Widow Remarriage
WIDOW: A widow is a woman/lady whose spouse has died and who has not remarried.
WIDOW REMARRIAGE: Widow remarriage refers to the act of a widow marrying again after the death of her first husband.
Traditionally and in many cultures, widow remarriage has been an important social issue, with varying degrees of acceptance and stigma attached to it depending on the society and time period. The problem of widow was observed as a serious problem in Indian society. Due to polygamy and child marriage, aged men married young girls.
As a result many young women became widows at a young age. They were not allowed to marry after the death of the husbands. There were many restrictions imposed on them, like they were allowed to eat once in a day. Efforts to improve the condition of widow led to implementation of Widow Remarriage Act.
Ishwar Chandra Vidyasagar was a great Sanskrit scholar and a humanist with immense sympathy for the poor, the unfortunate and the oppressed. He is remembered gratefully by his countrymen for his long struggle in favour of widow remarriage.
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FEATURES OF WIDOW REMARRIAGE ACT 1856
- Approval and authorization of Hindu widows' marriage.
- Recognition of the rights and status of remarried widows equivalent to their status at their first marriage.
- Abolishment of previous constraints, obligations, and entitlements from the prior marriage to be inherited from the deceased spouse.
- Legal protection provided to individuals who dared to marry a widow.
- The legislation also provided legal protection for men who married widows.
The first widow remarriage took place following the enactment of the law on 7th December 1856 in North Calcutta. Vidyasagar bravely accepted the challenge by arranging the marriage of his close friend's son to a widow, breaking traditional norms and positively transforming Indian society.
LAWS UNDER THE WIDOW REMARRIAGE ACT
Legalised Marriage
SECTION 1:
Under Section 1 of Hindu Remarriage Act a Hindu widow's marriage could not be cancelled by any tradition. It also made the remarriage of Hindu widows legal and valid. Widows were given the right to remarry without losing their inheritance, which was a big change from the old customs that isolated them and took away their basic freedoms.
This law was a significant step towards empowering widows, promoting fairness between genders, and starting changes in society during colonial times in India.
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Inheritance Rights
SECTION 2, SECTION 4 AND SECTION 5 deals with inheritance rights of the widow
Section 2 of the Widow Remarriage Act of 1856 made it legal for Hindu widows to remarry. It allowed any widow whose marriage had ended either through death or legal dissolution (i.e, divorce, prolonged separation, missing husband etc.) to marry again.
This was important because it changed traditional customs that forbade widows from remarrying, giving them the freedom to choose marriage after their husband's death or divorce. The Act was a crucial part of British efforts to reform Indian society, challenging old customs and promoting equality between men and women.
After remarrying, the widow would no longer have any claim to her deceased husband's property.
Section 4 of the act states that a widow without children cannot inherit property unless she was entitled to inherit it at the time of her husband's death.
Section 5 of the act says that, except in the two situations mentioned earlier, any property or rights a Hindu widow acquired won't be lost if she remarries. However, this provision became ineffective after the Hindu Succession Act of 1956, which treated childless widows the same as other widows in terms of rights.
Since many of the rights for Hindu widows are now covered under other laws, Section 5 of the Widow Remarriage Act is no longer relevant.
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Guardianship
Section 3 of the Act provides a list of people who can apply to the court to appoint a guardian for the deceased husband's children.The list of relatives includes-
- the father or mother of the deceased husband,
- the paternal grandfather or paternal grandmother of the deceased husband,
- any other male relative.
Ceremonies
All the ceremonies performed in the first marriage of a Hindu widow will constitute a valid marriage if they are also performed in the marriage of a Hindu widow. The marriage cannot declare that this ceremony is not related to the marriage of a widow.
Amendments to Hindu Widow Remarriage Act
Hindu Widows Remarriage Repeal Act
Following the recommendations of the Legislative Council, the Act was repealed in 1983 as the Hindu Widows Remarriage Abolition Act, 1983. The Hindu Widows' Remarriage Act became ineffective and it was thought better to abolish it. Currently, Hindu Widow Remarriage and Property Act, 1989 is being used in India.
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LANDMARK JUDGEMENTs
JAGDISH MAHTON V. MOHAMMAD ELAHI (1972)
The court held that a Hindu widow gets an absolute share in her deceased husband's property under Section 14 of the Hindu Succession Act. This means that on her husband's death, she will be given his property. Hindu Succession Act is given preference over previous Acts, hence Section 2 of the Widow Remarriage Act shall be void to the extent of inconsistency. Thus, a Hindu widow can still claim for her deceased husband's property despite her remarriage.
FREQUENTLY ASKED QUESTIONS ( FAQ's)
QUES 1. What are conditions for valid Hindu Marriage?
Ans. Section 5 of the Hindu Marriage Act deals with the conditions that must be fulfilled for a Hindu marriage to be considered valid. It outlines the following essential conditions:
- Monogamy: Both parties must be monogamous at the time of marriage.
- Sound Mind: Both parties must be of sound mind, capable of giving valid consent.
- Age: The bridegroom must be at least 21 years old, and the bride must be at least 18 years old.
QUES 2. When was the Hindu Widow Remarriage Act repealed?
Ans. The Hindu Widow Remarriage Act was repealed in 1983.
QUES 3. Who was the most prominent voice for the passing of the Widow Remarriage Act?
Ans. Ishwar Chandra Vidyasagar started his initiative to promote widow remarriage in 1854. Especially for pre-pubescent girls from low-income households who were forced to marry older men, the 19th century was a terrible time for women.
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REFERENCES:
- Section 1-7 of The Hindu Remarriage Act
- JAGDISH MAHTON V. MOHAMMAD ELAHI (1972)
- BHOLA UMAR v. KAUSILLA (1932)
Written by Arshita Anand
Arshita is a final year student at Chanakya National Law University, currently pursuing B.B.A. LL.B (Corporate Law Hons.). She is enthusiastic about Corporate Law, Taxation and Data Privacy, and has an entrepreneurial mindset
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Further Reading
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