Essay

Change

Hinduism

17 October 2023

7 min read

Re-defining marriage: how India slowly changed its mind

As India sought independence a long struggle to re-define marriage was culminating. Rahil Patel tells the story of the Hindu Marriage Act and its Christian influences.

Rahil Patel

Rahil is a former Hindu monk, and author of Found By Love. He is a Tutor and Speaker at the Oxford Centre for Christian Apologetics.

A close-up of a bride groom holding the brides hand. Her hand is henna tattooed and bears gold rings and bracelets.

Bride and Groom hold hands during a Hindu wedding.

Photo by Jayesh Jalodara on Unsplash.

During the last few months of the United Kingdom’s 200 year rule in India, the British Government in London wanted to establish its last legacy on a majority Hindu land. Britain had shaped the Indian Subcontinent not only through the establishment of democratic institutions, free press, nationwide infrastructure, a robust stock market and so on but with radical social reforms that brought well-needed equality, dignity and fairness at every level across The Raj’s 300 million citizens. This seminal legacy was the sanctity of the Christian marriage. One husband, one wife. However, it was not the colonial administrators who delivered the legacy, but Indian campaigners, reformers and lawyers. This is their story.

The idea of one husband, one wife was cautiously presented to the lawyer turned activist Mohandas Gandhi in 1946 which the Mahatma turned down vehemently and bluntly told the British not to interfere in this area. The British were always careful when suggesting social and cultural change and so they recoiled without any further pressure. But this attitude surprised many as Gandhi was significantly influenced by the Christian faith to the point where he not only believed that the Sermon on the Mount was a profound spiritual document but the greatest political document of all time.

Heroes and husbands

It was seen as a sign of power and status to have more than one wife in Indian society and likewise for a woman to have many husbands was a sign of strength and not submission. This wasn’t at the princely or aristocratic level alone but the merchant caste and village leaders as well. Why? It was a practice that followed in the footsteps of two powerful incarnations of God in the Hindu world. Ram and Krishna.

There are two great epics in Hindu culture which are etched into the minds of most of the one billion Hindus across the globe.

The first being the Ramayana scripture which was written across a span of 400 years between 200 BC and 200 AD. In this popular story (inspired by the Iliad) the incarnation of the Supreme Brahman is Lord Rama. He incarnates as a righteous king and is married to Sita and defeats the evil king Ravana (which is the central theme of celebration for Hindus during Diwali).There are approximately 300 versions of the Ramayana and some state that this much admired king had 8,000 wives including Sita.

The other great epic is the Mahabharata scripture which was written over a period of 800 years between 400 BC and 400 AD (which inspired the Latin poem Aeneid by Virgil). The Mahabharata contains two very important aspects of Hindu culture. The first is the Bhagvad Gita scripture within its battle riddled story (which the father of the atomic bomb J.R Oppenheimer quotes after seeing the impact of the bomb, “I am become death destroyer of the worlds...”) and the other is the most prominent and pivotal incarnation of the Supreme Brahman in the Hindu world whose name is Krishna. Krishna had 16,108 wives. Draupadi is a strong and feisty woman in the same story who has five husbands.

The influence starts

So where does the battle for the Christian marriage in the Indian story begin? With 19th century social reformers.

Ishwar Chandra Vidya Sagar was born into an Orthodox Hindu family in Bengal (Eastern India). He was raised as a devout orthodox Hindu but was later in life influenced by the eminent organisation, Brahmo Samaj. Much of the way in which Hindus practice their faith today both individually and as a community is largely due to the influence of the Brahmo Samaj in the 18th and 19th century. It was established by another famous Bengali, Raja Ram Mohun Roy who is known today as ‘The Father of the Indian Renaissance.' Roy believed firmly in his heart that in order to transform Indian society one needs to transform Hinduism, and to transform Hinduism for the better one needs Christian doctrine and practices at the heart of the Hindu framework. He campaigned against Sati (the burning of a widow on the funeral pyre of her husband) and fought for women’s rights in general. The Christian idea that all were made in the image of God (and equal) was engraved deeply into his worldview.

Ishwar Chandra saw from Roy’s perspective the need and power in emancipating women in Indian society. He began to pushback and campaign against deeply entrenched Hindu customs which wasn’t easy. After great efforts his vigorous campaign to allow widows to remarry was signed into law (The Hindu Widow’s Remarriage Act, 1856).

But pushing into law the Christian sanctity of monogamy was far beyond his reach.

It was the ardent social reformer and critic of the Christian faith Keshub Chandra Sen who would later get the ball rolling in a significant way. Born in Bengal to a devout Hindu family as well.

Keshub publicly criticised the Christian faith in his early years until he came across a book written by the French diplomat and political scientist Alexis de Tocqueville. Alexis had spent some time in America studying American democracy and his work, Democracy in America was published in 1835. Towards the end of the second volume Tocqueville states that the growth and strength of America’s democracy stems largely from the sanctity of the Christian marriage.

Reading this powerful argument transformed the understanding of Christianity for Keshub Chandra Sen. It was also a popular question amongst Indian social and political reformers of the time as to why and how a tiny island and a few thousand British civil servants managed such a vast subcontinent. “What is their spiritual gift?” was the running question and Keshub realised it was the nature of a family based on Christian beliefs.

He followed in the footsteps of Roy and as one of the most influential thinkers of his time campaigned to introduce Christian doctrine and ideas into Hinduism. After all his painful efforts he managed to pass the Special Marriage Act in 1869 for those who were members of the reformed Hindu organisation Brahmo Samaj but failed to introduce it into law across the wider Hindu population due to immense push back from the Orthodox high caste Hindu Brahmins.

But this idea of a Christian marriage and the strength it can bring to a society stayed very much alive in the Indian intelligentsia for years.

A constitutional approach falters

It was the brilliant economist, social reformer and political leader, Bhimrao Ramji Ambedkar who finally took one husband, one wife across the finishing line.

Ambedkar studied at the London School of Economics (where a bust of him can still be seen in the Atrium of the Old Building). With his incredibly well-furnished mind he knew the pitfalls of Hinduism when it came to democracy. He believed they were not compatible due to the unfair and rigid caste system and so, later on, when as a lawyer, Ambedkar was assigned the crafting of the Indian constitution he ensured it was embedded with Christian principles of equality.

It was during this time in the 1940s that Bhimrao came across the masterful work of Joseph Unwin Sex and Culture which reveals the importance of sexual restraint and its profound impact on society. Unwin’s work made an impression on Ambedkar and revealed to him the weakening hole within the Indian marriage.

Ambedkar was in tune with the likes of Keshub Chandra Sen whilst equally unraveling the flaws of Gandhian politics and economics using his razor sharp intellect . Although he took Buddhism as his faith he introduced the Christian idea of marriage to India’s first Prime Minister Pandit Jawaharlal Nehru in 1948 whilst drafting the final articles of the Indian constitution. He told Nehru that it was vital to put into law the idea of one husband and one wife. Again, the Constituent Assembly rejected the idea without a second thought. So, Nehru told Ambedkar to leave the idea for a while and get the constitution passed as it was. Then, after the new Indian government was formed they could bring the idea back to the cabinet. This battle took a very long time…

Tenacity triumphs

In 1952 the ruling party of the newly formed India, along with India’s first President Dr. Rajendra Prasad, tore the proposal apart once again. Nehru threatened to resign if the party did not pass the Christian idea of marriage but the cabinet called his bluff. Nehru knew that even if his party passed the law the President would not sign on it and so he gave up all hope. Ambedkar by now was furious and fed up with his friends and so he applied his brilliant mind and tenacity to writing articles in the Indian press attacking the ruling party and his friend the Prime Minister - with incredible style, substance and affect.

Ambedkar had a significant amount of social and political clout across the aisle, and with the general public, so eventually after years of pushing, pressing and penning his arguments the Hindu Marriage Act was passed in 1955. At last, the biblical idea of one husband and one wife came into law after a battle that took over 100 years.

Growing up in England and that in an Orthodox Hindu family I often heard my parents complain about the divorce rates in western societies. Divorce is not condoned in any Hindu scripture as per my reading over 20 years as a Hindu monk and yet the sanctity of marriage in Hindu communities in the west is still fairly strong in comparison to most other communities. It’s helpful to remember the roots of that strength.

Explainer

Change

Death & life

25 October 2023

6 min read

Dealing with death – why the fuss?

“No fuss” cremations are getting more popular. Not giving a formal space or process to say goodbye feels like a seismic cultural shift to Jane Cacouris. Part of the How To Die Well series.

Jane Cacouris

Jane Cacouris is a writer and consultant working in international development on environment, poverty and livelihood issues.

A sculpture shows mourning women raising hands and fists to the sky.

The Tragedy of the Sea memorial in Matosinhos, a Portuguese port.

Prilfish, CC BY 2.0, via Wikimedia Commons.

Widow’s Rip is a notorious swirl of ocean just offshore from Nazaré, a centuries-old fishing village on Portugal’s windy and unpredictable Atlantic coast. Decades ago fishermen used oxen to pull brightly painted boats onto the beach and then rowed into the giant waves. Many lost their lives when the seas were rough. I first visited Nazaré with my Portuguese grandmother as a child and stayed in a fisherwoman’s house with an orange-tiled roof just off the central square. My eyes had to adjust to the gloom every time we went inside as she kept all of the shutters drawn. Even though it was thirty degrees outside, I remember her tanned, crumpled face shrouded in a black shawl that covered her head and shoulders. She wore a black knee length skirt with an array of petticoats and black shoes. As a ten-year-old, I was a little scared. I asked my grandmother when the fisherwoman’s husband had died. “About twenty-five years ago at sea”, she said. She explained it would be a sign that you didn’t love your late husband if you didn’t wear black for the rest of your life.

Nowadays, although fishing is still a livelihood for some who live there, Nazaré is known for its sweeping beach and touristy promenade of restaurants, bars and stalls selling Portuguese wares. But the widows, now very old ladies, who lost their husbands to the sea all those years ago still potter around the town dressed head to toe in black. An ingrained tradition of how to grieve.

No other event in our life brings us closer to facing questions of mortality and eternity than the death of a loved one.

Grief and how we deal with the loss of a loved one is of course deeply personal and expressed differently depending on so many things; culture, beliefs, personality, life experience, to name a few. But in recent years, there has been a defined shift in British society away from some of the traditions that have historically accompanied death.

The growing trend for direct or “no fuss” cremations is an example of this shift, with a rise from 3 per cent of all cremations in 2019 to 18 per cent in 2022 according to a life insurance company’s recent report. A traditional cremation includes a service at the crematorium or place of worship beforehand, whereas a direct cremation does not have a service. Instead, the deceased is taken directly to be cremated with no one in attendance, unless witnesses ask to be present. A simple coffin is used, and the timing of the cremation is determined by the funeral director, usually according to availability.

Why are families choosing to cut out the funeral?

Sources point to a range of reasons. A matter of choice – perhaps a statement of faith that the afterlife is not about funeral rituals, or conversely, that there is no afterlife, and the body will just decompose organically and be subsumed back into the Earth so why make a fuss? It can be for practical reasons such as cost; traditional funeral services are much more expensive than a simple cremation, estimated to be approximately £2,500 cheaper. A “no fuss” cremation can also reduce the likelihood of family division or arguments over the type of ceremony. Or family living in different locations geographically means a memorial service scheduled for a more convenient time can be organised.

All these reasons seem perfectly valid. But not giving a formal space or process to say goodbye does feel like a seismic cultural shift, even for the British, known for our ability to keep our feelings under wraps. Practical reasons aside, are we ducking the emotion that inevitably hits us when we lose someone we love? Or perhaps avoiding the difficult questions that come with death? No other event in our life brings us closer to facing questions of mortality and eternity than the death of a loved one.

On holiday in Nazaré in his youth, my father remembers a fisherman’s death in the house where he was staying. The night before the funeral - with the deceased laid out in the dining room - each of the women in the family took it in turns to sit in the corridor outside, the top skirt of their seven petticoats over their head, wailing in an outpouring of grief so raw that they couldn’t continue for more than a couple of hours. The “wailing process” carried on throughout the night, the role passing from woman to woman until sunrise. Not only was the loss of the fisherman the loss of their beloved, it was also the loss of a working partnership - the women sold the fish that the men brought home – and the loss of the family’s livelihood and income. The wailing was a necessary part of expressing this agony ahead of the funeral service when the rest of the family would come together to support each other.

There are also intensely reverent traditions observed with death in Portugal, particularly within the Catholic church. The burial or cremation is usually no more than three days after the person has died. When my grandmother passed away a few years ago, her body was laid in an open casket in a room of the Catholic church in the mountain village in rural Portugal where she had lived most of her life. The night before the funeral, a procession of people visited her to pay their last respects, including distant family members, whilst my immediate family sat with her all night. People touched her arm or hand, and sat and chatted to one another. After Mass the following day, her coffin lined with lead was sealed and she was taken to the family Mausoleum to be laid beside my grandfather, along with the remains of around thirty of our relatives dating back to the early 1900s.

Brazil, where we lived for several years, has many similarities to Portugal in dealing with death. The time between death and burial or cremation is even faster, usually within twenty-four hours. Family and friends rapidly gather, usually together with the body of the loved one in an open casket. Touching and kissing the body and wailing over it is not uncommon. According to a Brazilian friend, “Bebendo do morto” which means “drinking to the dead” is an old custom where family members raise a final glass of Cachaça, a traditional drink, to the deceased in the presence of their body.

A funeral service is partly about taking a look back at our loved one’s jigsaw of life, at all the pieces that have slotted together to make up their precious and unique time on Earth.

In all these traditions, the funeral service acts as the closure to the first “phase” of grief, and the passing of the deceased into God’s care. The next phase is then the more private continuation of grief for months or years to come.

Christians believe in life after death based on a conviction that as Jesus rose from the dead, so will we. A funeral service is partly about taking a look back at our loved one’s jigsaw of life, at all the pieces that have slotted together to make up their precious and unique time on Earth. Of course, there are damaged and missing pieces, but Christians believe that the jigsaw will be made whole and perfect in Heaven with Jesus. It is also a chance to give thanks for the the life of a human being wonderfully and fearfully made in the image of God.

Regardless of the country, the culture or the tradition, the death of someone we love means that our world will never be the same again. It will continue spinning without them and we have to get used to that. The Book of Ecclesiastes in the Bible says:

“There is a time for everything, and a season for every activity under the heavens: a time to be born and a time to die”.

Death is an entire season; not only the end of the existence of a human on Earth who was created and loved by God, but a prolonged period of growth and change for those of us left behind.

Death deserves us to make a fuss.