"But even a man of the servile class Ch. 9th, v. 98. ought not to receive a gratuity when he gives his daughter in marriage, since a father who takes a fee on that occasion, tacitly sells his daughter."* V. 100. "Nor, even in former births, have we heard the virtuous approve the tacit sale of a daughter for a price, under the name of nuptial gratuity."† KASHYUPU. "Those who, infatuated by avarice, give their own daughters in marriage, for the sake of a gratuity, are the sellers of their daughters, the images of sin, and the perpetrators of a heinous iniquity." Both common sense, and the law of the land designate such a practice as an actual sale of females; and the humane and liberal among Hindoos, lament its existence, as well as the annihilation of female rights in respect of inheritance introduced by modern expounders. They, however, trust, that the humane attention of Government will be directed to those evils which are chief sources of vice and misery and even of suicide among women; and to this they are encouraged to look forward by what has already been done in modifying, in criminal cases, some parts of the law enacted by Mohummudan Legislators, to the happy prevention of many cruel practices formerly established. How distressing it must be to the female community and to those who interest themselves in their behalf, to observe daily that several daughters in a rich family can prefer no claim to any portion of the property, whether real or personal, left by their deceased father, if a single brother be alive while they (if belonging to a Kooleen family or Brahmun of higher rank) qızęła a vzìíu yen' zfzac' zzqı yen'fe usq gaà aqa' gfezfama' o are exposed to be given in marriage to individuals who have already several wives and have no means of maintaining them. Should a widow or a daughter wish to secure her right of maintenance, however limited, by having recourse to law, the learned Brahmuns, whether holding public situations in the courts or not, generally divide into two parties, one advocating the cause of those females and the other that of their adversaries. Sometimes in these or other matters respecting the law, if the object contended for be important, the whole community seems to be agitated by the exertions of the parties and of their respective friends in claiming the verdict of the law against each other. In general, however, a consideration of difficulties attending a law suit, which a native woman, particularly a widow, is hardly capable of surmounting, induces her to forego her right; and if she continue virtuous, she is obliged to live in a miserable state of dependence, destitute of all the comforts of life; it too often happens, however, that she is driven by constant unhappiness to seek refuge in vice. At the time of the decennial settlement in the year 1793, there were among European gentlemen so very few acquainted with Sunskrit and Hindoo law that it would have been hardly possible to have formed a committee of European oriental scholars and learned Brahmuns, capable of deciding on points of Hindoo law. It was, therefore, highly judicious in Government to appoint Pundits in the different Zillah Courts, and Courts of Appeal, to facilitate the proceedings of Judges in regard to such subjects. But as we can now fortunately find many European gentlemen capable of investigating legal questions with but little assistance from learned Natives, how happy would it be for the Hindoo community, both male and female, were they to enjoy the benefits of the opinion of such gentlemen, when disputes arise, particularly on matters of inheritance. Lest any one should infer from what I have stated, that I mean to impeach, universally, the character of the great body of learned Hindoos, I declare, positively, that this is far from my intention. I only maintain, that the Native community place greater confidence in the honest judgment of the generality of European gentlemen than in that of their own countrymen. But, should the Natives receive the same advantages of education that Europeans generally enjoy, and be brought up in the same notions of honour, they will, I trust, be found, equally with Europeans, worthy of the confidence of their countrymen and the respect of all men. |