2. The Hindu Widows Remarriage Act of 1856 legalized the remarriage of Hindu widows. This custom was practiced mainly in wealthy Hindu families. A surprising fact is that; Remarriage of widows was widespread among the lower class or the poor. The purpose of the law was to justify the remarriage of widows and to eliminate superstition and inequality in Hindu society. The Act also provided protection and was intended to guarantee the status of men who married widows. The Hindu Widows Remarriage Act was one of the most important social reforms to empower women. The lower castes have a high proportion of remarriages, about 30 percent. Especially in rural areas, there is no noticeable change even after remarriage has been legalized for a long time.
It is fascinating to note that even at that time, the remarriage of widows into the lower castes was common, as opposed to the upper castes. The widow`s first remarriage took place after the accusation on 7 December 1856 in northern Calcutta. Vidyasagar accepted such a challenge and married his close friend`s son to a widow. As a result, outdated traditions were destroyed and Indian society changed forever. The law frees the practice of custom, which hindered the widow`s remarriage. In addition, the law confers the following rights on the widow: The law aims to remove all obstacles that prevent Hindu widows from marrying a second time. Even after centuries of acceptance, hesitation about remarriage remains. Often, a widow is perceived as powerless and burdensome. The uncertainties about the second marriage and the future of the children of the first marriage worry the widow. She was therefore reluctant to remarry. Nothing in the previous three articles excludes the right of a widow in a second marriage.
Section 5 of the Act guarantees him all matrimonial rights as if it were his first marriage. It is known that Hindu widows, under the law applied by the civil courts established in the territories belonging to and under the Government of the East India Company, are considered incapable of contracting a valid second marriage, with some exceptions, and that the descendants of these widows from a second marriage are considered illegitimate and incapable. Property to be inherited. and in 19th century India, the condition of widows was deplorable. They had limited property rights and even fewer social rights. Often exploited by family members, many of these widows were even abandoned on the ghats of Varanasi. In many families, widows had to wear white saris, give up all the comforts of life, and lead an isolated life. Equally common, especially in Bengal, was a practice of old men marrying prepubescent daughters from poor families who were unable to pay for their maintenance. These girls, when widowed young, spent the rest of their lives with social stigma. The plight of women had a profound impact on social reformers, who recognized the need for profound change in society. Where it is right to exempt all these Hindus from this legal incapacity of which they complain, and the removal of all legal obstacles to the marriage of Hindu widows will serve the promotion of good morals and the common good; Recently, it is still widespread that widows of high-caste Hindus do not remarry due to many social restrictions. The percentage of widows` remarriage was highest among Muslims, at 35 to 37 percent.
Speaking of Hindus, remarriage was not allowed, even if the widow was a child and the marriage was not even consummated. The purpose of this Act was to repeal the statutory provision of the 1856 Act. But later in 1989, a new law called the HINDU WIDOWS REMARRIAGE AND PROPERTY ACT, 1989 was enacted to support the widow`s remarriage and provide her with legal support. Even today, some communities do not allow the practice of remarriage. Although the situation has certainly improved, the end has not been reached. One such movement was the remarriage of widows. Finally, in the early 1800s, the widow was legally allowed to remarry and live her life. But old customs die hard. Society resisted the idea that a widow could revoke her late husband`s property to continue her life.