Children -- India; India -- Social life and customs; Missions -- India
We do not want to ask for anything unreasonable, but it seems to us that
the law concerning adoption requires revision. In Mayne's _Hindu Law and
Usage_ it is stated that among Temple women it is customary in Madras
and Pondicherry and in Western India to adopt girls to follow their
adopted mother's profession: and the girls so adopted succeed to their
property; no particular ceremonies are necessary, recognition alone
being sufficient. In Calcutta and Bombay such adoptions have been held
illegal, but in the Madras Presidency they are held to be legal. In a
case where the validity of such adoption was questioned, the Madras High
Court affirmed it, and it has now, "by a series of decisions, adopted
the rule . . . which limits the illegality of adoption to cases where
they involve the commission of an offence under the Criminal Code."
This, as we have said, makes it entirely impossible to save the child
through the law before her training is complete; and after it is
complete it is too late to save her. Train a child from infancy to look
upon a certain line of life as the one and only line for her, make the
prospect attractive, and surround her with every possible unholy
influence; in short, bend the twig and keep it bent for the greater part
of sixteen years, or even only six--is there much room for doubt as to
how it will grow? An heir to the property may be required; but with the
facts of life before us, can we be content to allow the adoption of a
child by a Temple woman to be so legalised that even if it can be proved
to a moral certainty that her intention is to "continue the succession,"
nothing can be done?
Then as to the guardianship: again we do not want to ask too much, but
surely if it can be shown that no one else has moved to save the child
(which argues that no one else has cared much about her salvation) we
should not be disqualified for guardianship on the sole ground that we
are not related? In such a case the relatives are the last people with
whom she would be safe. An order may go forth from that nebulous and
distant Impersonality, the British Government, to the effect that a
certain child is not to be dedicated to gods during her minority. But
far away in their villages the people smile at a simplicity which can
imagine that commands can eventually affect purposes. They may delay the
fulfilment of such purpose; but India can afford to wait.
_We would have the law so amended, that whoever has been in earnest
enough about the matter to try to save the child from destruction,
should be given the right to protect her, if in spite of the odds
against him he has honestly fought through a case and won._
Public-domain text, read in full here on John Shaqi.
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