Caste and Race in India c12.23

c12.23

Social reformers, however, were not satisfied with the existing state of affairs, and legislators tried to introduce bills legalizing intercaste marriages. The Special Marriage Act of 1872 made it possible for an Indian of whatever caste or creed to enter into a valid marriage with a person belonging to any caste or creed, provided the parties registered the contract of marriage, declaring inter alia that they did not belong to any caste or religion. The clause requiring the solemn renunciation of caste and religion by the parties to a civil marriage was considered a great hardship and a moral dilemma by all progressive elements in the country. To add to this grievance, members of the Brahmo Samaj, who were regarded as outside the purview of this Act, were held, by a decision of the Privy Council to be Hindus for the purposes of the Act. Marriages of Brahmo-Samajists could no longer be valid unless the parties signed a declaration that they did not belong to any caste or religion. Continued agitation was carried on by reformers to liberalize the marriage law. Owing partially to the apathy of the Government and the hostility of the conservative section of the Hindus, both B. N. Basu and Mr. V. J. Patel, one after the other, failed in their efforts in this direction. It was only in the Reformed Legislature that Sir Hari Sing Gour succeeded in getting a pertinent bill passed into law, though not in the original form intended by the first reformers. It is known as the Special Marriage Amendment Act of 1928. It applies only to Hindus including Jains, Sikhs, and Brahmos. Persons marrying under the provisions of this Act, to whatever caste they may belong, need not make the declaration prescribed in the Act of 1872. This advantage, however, is gained not without a substantial sacrifice. If two Hindus belonging to different castes marry under this Act they are not required to renounce their religion in declaration but have to forfeit certain of their personal rights as Hindus. They cannot adopt. On their marriage they cease to be the members of the joint family to which they previously belonged. Whatever rights in the property of the family would have accrued to them by survivorship under the Hindu Law cease. As regards their own property they will be governed by the Indian Succession Act and not by the Hindu Law.¹