77
HINDU LAW AND MYSORE
Shri Bhashyam Aiyengar of Bangalore writes:
" The principles of Hindu Law as at present administered are
antiquated and opposed to our sense of equity and justice. I shall
give a few instances:
" 1. Near and dear relations like the sister's daughter, the
daughter-in-law, the brother's widow, and the stepmother are
altogether denied the right of inheritance. If a man were to leave
a widowed daughter-in-law as his only surviving relation, his
properties escheat to the Government, and the poor girl who
staked all her. life and fortune on the family of her husband gets
out into the street.
" 2. Even such near relations as are included in the list of
heirs do not get a chance because of the priorities of distant
agnates. The sister is an heir: but if only the deceased has left a
fifth descendant of a great-great-grandfather of his, the latter
takes the property and the sister gets nothing. So too the son's
daughter, the sister's son, and the brother's daughter.
" 3. Women are not allowed to exercise full rights of owner-
ship in properties inherited by or gifted to them.' A widow should
carefully handle her husband's property, and if only she spends
more, or incurs a debt on the security of the property, may be for
her own livelihood, a distant dayada can drag her to the court and
coerce her into giving up her rights. Mitakshara, which is the
prevailing authority here, clearly and definitely says that all
properties which a woman may get in any manner whatsoever
are her stridhana and she can dispose them of at her will. The
Privy Council refused to follow it, stating that Indians always
treated women as incapables and the author of Mitakshara is a.
fire-eater*
" 4. The deaf and the dumb are excluded from inheritance*
In this we are beating the lame man with his own crutches.
" 5, The legality of widow remarriage is not recognized int
Mysore as it is in British India.
" 6. It is doubtful whether post-puberty marriage is legaL
The age of consent should be raised to 14 in the case of girls.
" 7. Divorce may be provided for, if people agree. We hacfc
it in India formerly. We find 'Parashara mentioning the circum-
stances under which a wife may marry a second husband during
. -the lifetime of.the first.
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