too quickly upon puberty. For, by an unhappy ignorance, puberty is in
India only too often thought, as it was thought in the Europe of the
Renaissance, to be maturity; and the marriage thus concluded is at once
made real.
In fact, in both cases what is needed is a little more scientific
knowledge and the embodiment of the knowledge in the Penal Code. Cases
occur only too frequently of the martyrdom of young brides, not so
much from cruelty, or even from uncontrolled passion, as from sheer
ignorance of scientific fact. It has become a superstition, supported
of course by the usual authority, that puberty means maturity, not
merely for love--which would be sufficiently misleading--but even for
child-bearing. Here it is that rational education must enter the field.
In a country in which knowledge is luckily not accounted shameful, it
is easy for education to explain that puberty is only the beginning of
a new period, and that love’s first blossoms must not be followed by
too early fruit.
In this respect the practice of Hindu marriage unhappily does show a
fault of the most serious and terrible kind. If education has still
much to do, the state of the law most certainly requires improvement.
It is sometimes said that the Penal Law of India at present does
not give adequate protection to girls who, for various reasons, are
unmarried. But silence is usually kept about the far more serious fact
that it provides practically no protection to the married girl. In
her case the age of consent has actually been fixed at twelve; and no
child of more than twelve can claim protection from the law against
the brutality of the man to whom she has been married. Obviously the
limit of age for the protection of girls should be the same in all
cases, whether she be married or unmarried, whether she be the victim
of the man to whom she has been joined beside the sacred fire or of
one who owes her no special duty. It is the most obvious confusion of
thought which fails to see that the offence, if it is one, is exactly
the same, whether or not a mystical ritual has been first observed. The
_thug_ was no better than a common strangler because he first prayed
to Bhavani before he murdered. The offence is the same in all cases;
the punishment should, if anything, be more severe to the man who is
peculiarly bound in duty and in honour to cherish the woman he has made
his wife. The State is now prepared to protect against perversion a
class of women who, on an outside estimate, do not exceed one-hundredth
of the population and who _ex hypothesi_ are of a position and
character somewhat less than reputable. But the State denies its
protection to the other ninety-nine women of each hundred, the mothers
of the country, the honoured helpmates of its households.
Public-domain text, read in full here on John Shaqi.
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