New Rules for Women

Up to last week, a Hindu who wanted to get rid of his wife had only to say: "Get thee to thy father's house: I will take another." Hindu .custom permitted polygamy, although it was a general practice only among the rich and among India's 35 million Moslems.

All that changed last week, when the Indian Parliament debated a new Marriage Act to reform the 3,000-year-old Hindu laws.

The best arguments for emancipating women from the archaic system, said handsome Prime Minister Nehru, are Indian women themselves. "I am proud of their beauty, grace, charm, modesty, shyness, intelligence and spirit of sacrifice," he said. And, though he did not mention his sister (India's High Commissioner in London) by name, he went on: "Every woman who has been sent abroad has brought credit to India." India's half-dozen women M.P.s cheered.

What Is Sacrament? Not to be fobbed off by such compliments to womanhood, retired High Court Judge N. C. Chatterjee argued that the old Hindu marriage was sacramental and therefore "sacrosanct and inviolable." Countered Nehru: "What is sacrament? Is it sacrament for man and wife to hate each other and beat each other, making life hell for each other, and continue throughout life in that condition?"

In the ensuing debate, Praja Socialist Leader J.B. Kripalani, 66, had a word of warning about the new law. "Indian women are not in favor of divorce--" said he cautiously. Then, looking up and seeing his wife (who is also a Member of Parliament) nodding her head. Kripalani took courage and made his point: "If the Law Minister had read psychology, he would not have provided for divorce in cases of adultery. One slip on your part does not mean that you do not desire your wife. There must be habitual unfaithfulness before divorce."

A Takes B. Under the new bill,* Hindu women for the first time may sue their husbands for divorce. Ex-husbands will have to pay alimony only if ex-wives lead a "chaste life."

India's high courts had differed as to when marriage became complete and inviolable. Some judges said that betrothal, i.e., agreement between the parents, made Hindu marriage irrevocable. Other judges held that the tying of the sacred thread around the bride's neck by the bridegroom was the deciding factor, while some courts held that union became indissoluble only after the first night of nuptials. The new bill says that marriage may be solemnized in any form the parties may choose, but it is not complete and binding until each party says in the presence of a government marriage officer and three witnesses, in any language understood by the parties: "I (A) take thee (B) to be my lawful wife (or husband)." Custom, however, still demands that bride and bridegroom each walk three times around the sacred fire and take their seventh step jointly.

Despite the protests of religious conservatives, Nehru had the votes, and the bill passed. One other important clause in the act was designed to stop India's ancient custom of child marriages. It fixes new legal marrying ages: boys 18, girls 15.

* Which would apply only to Hindus, Sikhs, Jains and Buddhists, not to Moslems or Roman Catholics.

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