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Report No. 81

1.4. Social justice.-

Apart from this purely legal approach, there is also another broad consideration of a social character which is relevant. The provisions of the Act purport to impose on widows certain disabilities (e.g. in relation to the right of inheritance of a childless widow)1, that can hardly be allowed to continue in the present structure of our society. It is, therefore, imperative that the Act should be reviewed and the law made harmonious and in consonance with social justice. The broad question to be dealt with, then, is whether, having regard to the considerations set out above, the Act of 1856 should be repealed or whether its continuance in any form is necessary. We propose to examine the position in this regard with reference to each topic dealt with in the Act.

1. Chapter 4, infra.

Hindu Widows Re-marriage Act, 1856 Back

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