Widow Remarriage Act, History, Features, Significance

The Widow Remarriage Act of 1856 was a landmark legislation that legalised Hindu widows' remarriage in India. The Act, spearheaded by social reformers and supported by progressive elements in British India, sought to address the deeply entrenched social stigma and harsh restrictions imposed on windows.

This legislation was a critical step towards improving women's status and rights in India, kicking off a larger movement for gender equality. Ishwar Chandra Vidyasagar was the most prominent campaigner of widow remarriage.

Widow Remarriage Act History

The Widow Remarriage Act's history is closely linked to India's 19th-century social reform movements. Various reformers and intellectuals began to challenge the oppressive traditions and customs that had historically marginalised women, particularly widows.

• Raja Ram Mohan Royis renowned for his efforts to abolish Sati and advocate for women's rights, paving the way for reforms like the Widow Remarriage Act.
• Along with other reformers, Ishwar Chandra Vidyasagar vigorously campaigned for widows' rights. He used his knowledge of Sanskrit scriptures to argue that widow remarriage was not prohibited in ancient Hindu texts.
• Lord Dalhousie, the Governor-General of India then, was sympathetic to the cause and helped push for the legislation. Dalhousie drafted the bill for the Widow Remarriage Act. 
  • Despite opposition from conservative sections of society, Lord Canning, who succeeded Dalhousie, passed the act on July 16, 1856, and it was officially enacted on July 26, 1856.
• First Widow Remarriage after the Act: The first widow remarriage after the law was enforced occurred on December 7, 1856, in north Calcutta. The groom was the son of Ishwar Chandra's close friend.

Condition of Widows Before the Widow Remarriage Act

Before the introduction of the Widow Remarriage Act, the condition of widows in India, particularly among Hindus, was plunging. In some areas of India, especially among upper-caste Hindus, widows were expected to live a life of severe austerity.

• Social Ostracism: Widows were often seen as unlucky, kept away from festivals, and avoided by their families and society. They were expected to give up all pleasures and live a life of sacrifice.
• Strict Dress Codes: They were required to wear white sarees of coarse material and, in many cases, had to shave their heads.
• Child Widows: Due to the prevalence of child marriage, many widows were young girls condemned to a lifetime of widowhood. They were not permitted to remarry.
• Practice of Sati: Although not widespread, the practice of sati (widow immolation) still existed in some regions. The widows were compelled or expected to self-immolate on their husband's funeral pyre, which was another brutal aspect of widowhood in India.
• Economic hardship: Widows often lost inheritance rights and faced severe financial difficulties. They were expected to remain celibate and devote their lives to the memory of their deceased husbands.

Widow Remarriage Act Features

The Widow Remarriage Act of 1856 introduced several key provisions aimed at improving the lives of widows in India. The important features of the Widow Remarriage Act include the following:

• Legalisation of Widow Remarriage: The Widow Remarriage Act allowed Hindu widows to remarry, challenging the traditional prohibition on widow remarriage. The act allowed Hindu, Buddhist, Jain, and Sikh widows over the age of 18 to remarry.
• Legitimacy of Children: According to the Widows Remarriage Act, no Hindu marriage will be considered invalid, and the children from such a marriage will not be considered illegitimate, even if the woman was previously married or engaged to someone who had already passed away.
• Inheritance Rights: Upon remarriage, a widow loses rights to her deceased husband's property, which then passes to his heirs. However, she retains all other property and inheritance rights as if it were her first marriage.
• Legal Safeguards: The Widow Remarriage Act provided legal protection to men who married widows, addressing concerns about the social stigma associated with such marriages.
• Custody of the Dead Husband’s Children: The Widow Remarriage Act allowed relatives of a deceased husband to petition for a guardian for his children if the widow remarried. 
  • With court approval, the guardian could care for the children, provided they guaranteed their support and education, requiring the mother’s consent unless the guardian ensured the children's welfare.
• Universal Applicability: The act made no distinction between upper and lower-caste widows. It granted all widows from these castes the right to remarry. This helped ensure that widows from various social backgrounds had equal legal standing.

Widow Remarriage Act Significance

The Widow Remarriage Act was a significant milestone in the social reform movement in India. It marked a shift in the legal and social status of women, particularly widows, and laid the foundation for future reforms aimed at promoting gender equality.

• Social Empowerment: The Act granted widows the legal right to remarry and rebuild their lives. It challenged deeply entrenched social norms that had oppressed widows for centuries and offered them a way to reclaim their social standing and dignity.
• Legacy of Reform: The Widow Remarriage Act is remembered as a landmark in the history of social reform in India. It is a testament to the efforts of reformers like Ishwar Chandra Vidyasagar and others who fought tirelessly to improve the lives of women in India.

Widow Remarriage Act FAQs

Q1. Who passed the Widow Remarriage Act of 1856?

The Widow Remarriage Act of 1856 was passed by Lord Canning, who was the Governor-General of India at the time. Lord Dalhousie drafted the bill.

Q2. Who started the widow remarriage movement in 1856?

The widow remarriage movement was spearheaded by Ishwar Chandra Vidyasagar, who played a crucial role in advocating for widows' rights and pushing for the enactment of the Widow Remarriage Act.

Q3. Who was the founder of the Widow Remarriage Association?

Vishnu Shastri Pandit founded the Widow Remarriage Association in the 1850s.

Q4. Who was the governor-general of the Hindu Remarriage Act 1856?

Lord Canning was the Governor-General of India when the Widow Remarriage Act of 1856 was enacted. However, Lord Dalhousie drafted the bill.

Q5. Is widow remarriage legal in India?

Yes, widow remarriage is legal in India. The Hindu Widow Remarriage Act of 1856 legalised the remarriage of Hindu widows, and subsequent laws have continued to uphold this legality.