Hindu Widows' Remarriage Act, 1856
Also: Widow Remarriage Act, Act XV of 1856
Background and evolution
In nineteenth-century upper-caste Hindu society, widows, including child widows, were usually forbidden to remarry. They often lived lives of severe austerity, deprived of property and social status. Reformers saw this as a grave injustice, especially as child marriage meant that many girls became widows before adulthood.
Ishwar Chandra Vidyasagar, a Sanskrit scholar and principal of Sanskrit College in Calcutta, argued from the shastras that widow remarriage was permitted, citing the Parashara Smriti. He published tracts in 1855 and organised petitions to the Legislative Council. Orthodox groups, led by figures such as Radhakanta Deb, submitted counter-petitions with more signatures. The council, under the Governor-General, nevertheless passed the Act, which John Peter Grant had piloted in the council.
Key features and provisions
- Legalisation: marriage of a Hindu widow was declared valid and not a bar under any custom or interpretation of Hindu law.
- Legitimacy: children of such marriages were legitimate.
- Property: a widow who remarried forfeited her rights in her deceased husband's property, as if she had died.
- Inheritance otherwise: she gained the same rights as a first-time bride in the new marriage.
- Consent: for a minor widow, consent of her father or guardian was required.
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Last reviewed: 23 October 2026 · Original UPSCPrep.in content.