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CONFERENCE

BETWEEN

AN ADVOCATE FOR, AND AN OPPONENT OF,

THE FKACIICE OF

BURNING WIDOWS ALIVE;

FROM THE

ORIGINAL BUNGLA.

ADVERTISEMENT.

The little tract, of which the following is a literal
translation, originally written in Bungla^ has been for
several weeks past in extensive circulation in those
parts of the country where the practice of Widows
burning themselves on the pile of their Husbands is
most prevalent. An idea that the arguments it con-
tains might tend to alter the notions that some Euro-
pean Gentlemen entertain on this subject, has induced
the Writer to lay it before the British Public also in
its present dress.

Nov. 30, 18ia

CONFERENCE

BETWEEN

AN ADVOCATE FOR, AND AN OPPONENT OF,

THE PEACnCE OF

BURNING WIDOWS ALIVE.

Advocate. — I am surprised that you endeavour to
oppose the practice of Concremation and Postcrema-
tion of Widows,* as long observed in this country.

Opponent. — Those who have no reliance on the
Shastru, and those who take delight in the self-destruc-
tion of women, may well wonder that we should oppose
that suicide which is forbidden by all the Shastrus, and
by every race of men.

Advocate. — ^You have made an improper assertion,
in alleging that Concremation and Postcremation are
forbidden by the Shastrus. Hear what Unggira and
other saints have said on this subject :

*^ That woman who, on the death of her husband,
<^ ascends the burning pile with him, is ei^ted to hea-
" ven, as equal to Uroondhooti.

^^ She who follows her husband to another world,

^ ♦

• When a widow is absent from her husband at the time of
  bis death, she may in certain cases bum herself along with some
  relick representing the deceased. This practice is called Unoo-
  muran or Postcremation.

202 CONFERENCE ON THE PRACTICE

^^ shall dwell in a region of joy for so many years as
^* there are hairs in the human body, or thirty- five
** millions.

^^ As a serpent*catcher forcibly draws a snake from
^^ his hole, thus raising her husband by her power, she
*< enyjfy^ d^c^ligbf ^OQg w^th hiuv

'< The woman who follows her husband expiates the
< sins of three races; her father's line, her mother's line,
< and the family of him to whom she was given a virgin.

** There possessii^ her husband as her chiefestgood,
" herself the best of women, enjo}dng the highest de-
** lights, she partakes of bliss with her husband as long
** as fourteen Indrus reign.

^' Even though the man had slain a firahmun, or re-
" turned evil for good, or killed an intimate friend, the
^ * woman tixpiates those crimes.
' '" Ttere is no other waV known for a virtuous woman
'< except &5cendhig the pile of heir husband. It shcSblid
<^ be understood that thdre is ho other duty whatever
" rfter the death of her husband."* \ r

Hear also what Vyias has writtefb in the parable of
the pigeon: . r • .

^ iA: f>igeon devoted to her husband, after his d^th
<< entered the flainei^! arid ascieliding tb hearenj' 'ihe
<*th^ found WhusbaWA"^ -

Anih&r Harfeet^s ^brd^ :

^ As long as a woman shall not burn herself after her
<< faiisband's deatb, she'slVail bie subject t^'triuldinlg^
** tion in a female form."

Hear too what VisbQoo the sfowt says ; .

^^ After the d^tb of her hudiand a wffe nmH ^iy^ m
*<an ascetic, or ascend his pile." ^ *

OF mJUNiiya wiPCKWi ALm. 808

Now beitr the words of the Bmhmu Pocrfm on the
-Aul^ecl of Postcremalion :

'^ If her lord die in another country, let tb^ ffiitbful
^ wifephee his stndals on her breast, and pore enter
"the fire."

The faithful uridow is declared no aaiclde by this
text of the Rig Yed : " When three days of impurity
" ar&gone she obtains obsequies." Ootum says :

^' Toja Brahmntijde a&ev the deadi of her busband»
" PofiiCDsmi^ion is not pomiued. But tO: women of the
" other <;hisses it is esteemed a.diief dnty."

" Irving' let her benefit her husband ; dying she
" oooimits suicid^."

^< The woman of the Brabmun tribe that follows her
"dead husband fcaanot^ oil account of her self-de*-
" stniction, convey either herself or her husband' to
"hcawn."^

CoBcremation and Posteremation being thus esta*
blidied by the woi^ of many sacred lawghr^rs^ how «m
you say they are forbidden by the Shastrtbsi, and de»re
to prerant their praetice ?

OppamnLr^AH those passages you ha^e quoted aise
indeed saoredlawi; and itia dear from those auAori^
tiesi that if women fwfimn GoncriMnatiMi or Post*
cremation, they will enjoy healfen for a oonsiderable
time. iBpt attcfnd to ^at^ Monoo and .ethers say
mpsolpigithedmy of widows: ^^ Let hdr emaciate her
f<<body,-hy livii^ vdiuotarily on pure flowers, roots^
** and fruits, but letlier not, whan l^er b»d is deceased^
^* even pr^iounce the name of another num/^ f

^ Let her continue till death forgivixg all injuries,
^* performing hardi duties^ avoiding every sensnal plea^

SOi COKFEREMCE ON THE PRACTICE

< sure, and cheei^Uy practising the incomparable rules
^ of virtue which hare been followed by such women as
^' were devoted to one only husband/'

Here Munoo directs, that after the death of her
husband, the widow should pass her whole life as an
ascetic. Therefore, the laws given by Unggira and the
others ^om you have quoted, being contrary to die
law of Munoo, cannot be accepted ; because the Ved
declares, ^^ whatever Munoo has said is wholesome f
and Virhusputi, "whatever law is contrary to the law
" of Munoo is not commendable/' The Ved especial-
ly declares, "by living in the practice of regular and
" occasional duties the mind may be purified There-
" after by hearing, reflecting, and constantly medittit-
" ing on the Supreme Being, abscMrption in Bruhmu
^ may be attained. Tlierefore from a desire during
" life of future fruition, life ought not to be destroyed."
Munoo, Yagnyuvulkyu, and others, have then, in their
respective codes of laws, prescitt>ed to widows the duties
of ascetics only. By this passi^ of the Ved, therdbre,
and the authority of Munoo and others, the words you
have quoted from Unggira and the rest are sec aside ;
for by the express- declaration of the former, widows
after the death of their husbands may, by living as
ascetics, obtain absorption.

Advoedts. — Wfaai you have said respecting the laws
of Unggira and odiers^ that recommended die {Mractioe
of Concremataon and Postcrematibn, we do not admit t
because^ though a practice has not b^en ifeoommendtd
by Munoo, jetf if directed by other lawgivers, it should
not on that account be considered as contrary t6 die
law! of Munoo. For instance, Munoo directs die per**

OF BURNiKG WIDOWS ALIVE. 206

formance of Sundhya, but sajs nothing of calling aloud
on the name of Huri ; yet Vyas f^rescribes calling on
the name of Huri. The words of Vyas do not contra-
dict those of Munoo. The same should be understood
in the present instance. Munoo has commended wi*
dows to live as ascetics ; Vishnoo and other saints dip
rect that they should either live as ascetics or follow
their husbands. Therefore the law of Munoo may be
considered to be applicable as an alternative.

Opponent. — The analogy you have drawn betwixt the
practice of Sundhya and invoking Huri, and that of
Concremation and Postcremation, does not hold. For,
in the course of the day the performance of Sundhya,
at the prescribed time, does not prevent one irom in^
voking Huri at another period; and, on the other
hand, the invocation of Huri need not interfere with
the performance of Sundhya. In this case, the direc-
tion of one practice is not inconsistent with that of the
other. But in the case of living as an ascetic or
undergoing Concremation, the performance of the
one is incompatiUe with the observance of the
other. Sell. Spending one's whole life as an ascetic
after the death of a husband, is incompatible with imme«
diate Ck)ncremation as directed by Unggiraand others;
and, vice versa, Concremation, as directed by Unggira
and others, is Incom^tent with living as an ascetic, in
order to attain absorption. Therefore those two autho-
rit^s are obviously contradictory of each other. More
especially as Unggira, by declaring that ^^ there is no
Mother way known for a virtuous woman except
*' ascending the pile of her husband,'' has made< Con-
cremation an indispensable duty. And Hareet also,
in his code, by denouncing evil consequences, in his

906 CONFERENCE ON THE PRM^TICE

dedatmlion^ that ^ ds loag as a woman AsUl not imm
<^ herself after the death of her husband, sba shall be
^^ subject to traasmigralaon im a feinale ibrm^>' hat
made this duty absolute* Therefore aii ^thoee pails^gei
are in evi^ respect cootradicttHry lo the hiw of Mu-
nooandotbenu

Aivoeate^-r^Wk&a Vngfpjpsi s&ys that there is «o
other way far a widow extept Coocrematioii, and when
Hareet says, that the omission >of it is a fault, we reconcile
their words, with those of Munoo, byconsidiering them
as used merely &ir the purpose of exaSkafi^ • the merit of
Concrematiofiy but not as prexsribiiigthis a8<»n indis-
pensable duty. All these exfnreteions, moreovery con*
vey a promise of reward for ConoienAaiion, and tb^i^
it appears that Ccmcrem^ion is bnly optionidl*

Opponent, — If, in order to recwwile them with tiie
text of Munoo, you set down the words of Unggira and
Hareet^ that make the duty incumbeot, as meant cnnly
to convey an exaggerated praise of Concremation, why
do you not also reconcile the rest of the words ctf Ung*
gira, Haieet, and others, widi those in whidi Muwdo
prescribes to the widow the practice oflrHng asan ascetic
as her absolute duty ? And why do yoa not keep aioof
from witnessing the desdiicUon c£ femnks^ /iaslead of
tempting .them with the inducement qf future firsition ?
Moreover, in the tesst already quoted, self-destruction
with the view of reward is expressly prohibited*

AdvocmU. — What you have quoted from MuBoo imd
Yagnyavulkyn and the text of the Ved is admitted*
Buthowcanyou set aside the following text of die
Rig Ved <Hi this subjectof Concremation ? <^ O fire Met
< these women, with bodies anointed with clarified
< butter, ^es^ coloured widi oollyrtum, and void of

OF BURKIN6 WIDOWS AttVE. 207

^^ tears, enter thee, the parent of water, that they may
^ not be separated from their hmbands, but may be, iA
<< unison with excellent husbands, themselves sinless
^ and jewels amongst women***

Opponenti, — This text of the Ved, and the former

passages from Hareet and the rest whom you have

quoted, all praito the practice of Concremation as

leadhig to fruition, and are addressed to those t^rho are

occupied by sensual desires; and you cannot but admit

lliat to follow these practices is only optional. In

repeating the Sunkulpyu of Concrematiofi, the desire

of future fruition is declared as the object. The text

therefore of the Ved which we btfve quoted, offering no

gratifications, supersedes, iti ^reryrefepect, that whidi

you have adduced, as well as all the words of Unggira

and the rest In proof we quote the text of the tCutho-

panisfaut: ^' Faidi in Ood which leads to absorpti^

<5 is one thing ; and rites^ which hhvb future fruition foi*

<^ their object, i^nother. £ach df these, producing dif-

<< ftreiit consequences, holds out to man inducements

« to follow it The man^ who of these two chooses

<< fi&di, is blessed ; and be, who for the sake of rewajNl

<^ pnustises rites, is dashed aw^y from the enjoyment of

^ eternal beatitude." A.bo ^ Mocfnduk Opunishut ;

^ Rites, of which diere are eighteen members^ are all

^ peiidiable : he w^ coi^iders them as the source of

*^ blessing shall undergo repeated transmigrations |

<< and all those fools who, immeifsed in the foolish"

^*- praotbe of rites, consider themselves to be wise and

<^ learned, are repeatedly subject^ to tarth, disease,

^deacth, and othe» pains. When one blind man is

^^ guided by ^mother, both subject themselves on dieir

" way to all kinds of distress."

20S CONFERENCE ON THE PRACTICE

It is asserted in the Bbugvnt Geeta, the essence of
all the Smritis, Poorans, and Itifaases, that, ^all those
^^ ignorant persons who attach themselves to the words
** of the Veds that convey promises of fruition, consider
^^ those falsely alluring passages as leading to real hap-
^^ piness ; and say, that besides them there is no other
^^ reality. Agitated in their minds by these desires,
^^ they believe the abodes of the celestial gods to be
^ the chief object ; and they devote themselves to those
^^ texts which treat of ceremonies and their fruits, and
^^ entice by promises of enjoyment. Such people can
<^ have no real confidence in the Supreme Being.'
Thus also do the Moonduk Opunishut and the Geeta
state that, *^ the science by which a knowledge of God
^^ is attained is superior to all other knowledge." Ther^
fore it is clear, from those passages of the Ved and of
the Geeta, that the words of the Ved which prcunaise
fruition, are set aside by the texts of a contrary import.
Moreover, the ancient saints and holy teachers, and
their commentators, and yourselves^ as well as we and
all others, agree that Munoo is better acquainted than
any other lawgiver with the spirit of the Veds. And
he, understanding the meaning of those diffisrent texts,
admitting the inferiority of that which promked fruition,
and following that which conveyed no promise of gratis
fication, has directed widows to spaid their lives as
ascetics. He has also defined in his 12th chapter^
what acts are observed merely for the sake of gratifi«-
cations, and what are not. ^^ Whatever act is performed
<< for the sake of gratifications in this world or the next
<< is called Pmburttuk, and those which are performed
^^ according to the knowledge respecting God, are

OF BURNING WIDOWS ALIVE. 909

^^ called NibctrUuk* All those who pei&rm acts to
^f piiocare gratifications, may enjoy heaven Hke the
*^fpods; and he who performs acts free from desires,
^^ procures release from the five elements of this body ;
^^ ihsLt i% obtains absorptioiu"

Admcaie.-^What you have said is indeed consistent
with the Veds, with Munoo, and with the Bhuguvut
Geeta. But from this I fear, that the passages of the
Veds and other Shastrus, that prescribe Concremation
and Postcremation as the means of attaining heavenly
enjoyments^ must be considered as only meant to de-
ceive.

: Oppomni. — There is no deception. The object of
those passages is declared. As men have various dis-
positions, those whose minds are enveloped in desire,
passion, and cupidity, have no inclination for the dis-
interested worship of the Supreme Seii^. K they had
no Sbastrus of rewards, they would at once throw askJe
all Sbastru£^ and would follow their several inclinations,
like eleji^ants unguided by the hook. In order to re«
straui suob persons from being led only by their incli-
nations, the Sfaastru prescribes various ceremonies; as
Shnenjig, for one desirous of the destruction of the
enemy ; Footreshti for one desiring a son ; and Justish-
tom for one de^ring gratifications in heaven, &c. ; but
again iseprobates such as are actuated by those desires^
and at the same moment expresses contempt for such
gratifications. Had the Shastru not repeatedly repro*
bated* both didse actuate by de«re and the fruits de-
sired by them, all those texts might be considered as
deceitful In proof of what I have advanced I cite the
foUomi^ text of the Opunishut : ^' Knowledge and

810 CONF£B£firC£ ON TH£ PRACTICE

<^ rites together o£Per themselves to ev^eaty man. The
^^ wise man considers which of these two is the better
^^ and which the worse. By reflection, he becomes con^
^^ vinced of the superiority of the former^ de^ses rites^
^^ and takes refuge in knowledge. And the unlearned,
^ for the sake of bodily gratification, has recourse to
** the performance of rites.' The Bhuguvut Geeta :
^< The Veds that treat of rites are for the sake of those
^^ who are possessed of desire ; therefore, O Uijoon (
^^ do thou abstain from desires.'

Hear also the text of the Ved reprobating the fruits
of rites : ^^ As in this world the fruits obtained from
cultivation and labour perish, so in the next world
" fruits derived from rites are periidiabW Also die
Bhuguvut Geeta: ^^ All those who observe the -rites
<< prescribed by the three Veds, and through those
^^ ceremonies worship me and seek for heaven, having
^< become sinless from eating the remains of oSerings,
^^ ascending to heaven, and enjoying the pleasures of
^^ the gods, after the completion of their rewards, again
^^ r^urn to earth. Therefore, the observers of rites for
^' the sake of rewards, repeatedly ascend to heaven, and
^^ return to the world, and cannot obtain absorption."

Admcaie. — Though what you have advanced firom
the Ved and sacred codes against the practice of Con<-
cremation^ and Postxarenmtion, b not to be set asid^
yet we have had the practice prescribed by Hareet and
others handed down to us.

OpponmL^Svida. an argument is highly inconsistent
with justice. It is every way improper to persuade to
self-destruction, by citing passages of inadmissible
authority. In the second place, it is evident from

OF BURNING "WlDOVfB ALIVE. 211

your owB authorities, and the Sunkolpu recit^ in con-
Sxmiij with them, that the widow shoold Toiuntarily
qoithfie^ asccading the flaming pile of her husband.
But, on the contrary, you first bind down the widow
along with the corpse of her husband, and then heap
orer her such a quantity of wood that she cannot rise.
At the time too of setting fire to the pile, you press her
down with large bamboos^ In what passage of Hareet
or the rest do you &id authority for thus binding the
woman according to your practice? This then is, in
fact, deliberate female miu-der.

AdvocfsU. — Though Hareet and the I'est do not in-
deed andtorize this practice of binding, 8c&, yet were a
woman after haying recited die Sunkulpu not to per-
form Concremation, it would be sinful, an^d considered
disgraorful by others. It is on this account that we
have adopted the custom.

Q^i^pofMnt-^Respectkig the sinfulness of such an act,
that is mere talk: for in the same codes it is laid
down, that the performance of a penance will oblite-
rate the sin of quitting the pile. Or in case of indbi-
lity to undergo the regular penance, absolution may be
obtained by bestowing the value of a cow, or three
kahuns of kowries. Therefore the »b is no cause of
alarm- The disgrace in the opinion of others is also
nothing : for good men regard not the bkme or re-
proach of persons who can reprdbate those who ab-
stain from the sinful murder of women. And do you not
consider how great is the ^n to kill a woman; therein
forsaking the fear of Grod, the fear of conscience, and
the fear of (he Shastrus, merely from a dreid of the
reproach of those who de%ht in female murder ?

p2

212 CONFERENCE ON THE PRACTICE

Advocate* — Though tjang down in this manner be
not authorized by the Shastrus, yet we practise it as
being a custom that has been observed throughout
Hindoosthan.

Opponent* — It never was the case that the practice
of fastening down widows on the pile was prevalent
throughout Hindoosthan: for it is but of late years
that this mode has been followed, and that only in Ben-
gal, which is but a small part of Hindoosthan. No one
besides who has the fear of God and man before him, will
assert that male or female murder, theft, &c., from having
been long practised, cease to be vices. If, according to
your argument, custom ought to set aside the precepts
of the Shastrus, the inhabitants of the forests and
mountains who have been in the habits of plunder,
must be considered as guiltless of sin, and it would be
improper to endeavour to restrain their habits. The
Shastrus, and the reasonings connected with them,
enable us to discriminate right and wrong. In those
Shastrus such female murder is altogether forbidden.
And reason also declares, that to bind down a woman
for her destruction, holding out to her the inducem^it
of heavenly rewards, is a most sinful act.

Advocate. — This practice may be sinful or any thing
else, but we will not refrain from oliserving it. Should it
cease, people would generally apprehend that if wo-
men did not perform Concremation on the death of
their husbands, they might go astray; but if they
burn themselves this fear is done away. Their family
and relations are freed from apprehension. And if
the husband could be assured during his life that his
wife would follow him on the pile, his mind would be
at ease from apprehensions of her misconduct.

OF BURNING WIDOWS ALIVE. 213

Opponent. — What can be done, if, merely to avoid
the possible danger of disgrace, you are unmercifally
resolved to commit the sin of female murder. But is
there not also a danger of a woman's going astray during
the life-time of her husband, particularly when he re-
sides for a long time in a distant counti;y ? What re-
medy then have you got against this cause of alarm ?

Advocate, — There is a great diiFerence betwixt the
case of the husband's being alive, andof his death ; for
while a husband is alive, whether he resides near her
or at a distance, a wife is under his control ; she must
stand in awe of him. But after his death that autho-
rity ceases, and she of course is divested of fear.

Opponent. — The Shastrus which command that a
wife should live under the control of her husband during
his life, direct that on his death she shall live under the
authority of her husband's family, or else under that
of her parental relations ; and the Shastrus have
authorized the ruler of the country to maintain the
observance of this law. Therefore, the possibility of a
woman's going astray cannot be more guarded against
during the husband's life than it is after his death.
For you daily see, that even while the husband, is
alive, he gives up his authority, and the wife separates
from him. Control alone cannot restrain from evil
thoughts, words, and actions ; but the suggestions of
wisdom and the fear of God may cause both man and
woman to abstain &om sin.~ Both the Shastrus and
experience show this.

Advocate. — You have repeatedly asserted, that from
want of feeling we promote female destruction. This
is incorrect, for it is declared in our Ved and codes of

214 CONFERENCB ON THE PRACTICE, &C.

law, that mercy is the root of virtue, and from our
practice of hospitality, &c. our compassionate dispo-
sitions are well known.

Opponent. — That in other cases you shew charitable
dispositions is acknowledged. But by witnessing from
your youth the voluntary burning of women amongst
your elder relatives, your neighbours, and the inhabi-
tants of the surrounding villages, and by observing the
indifference manifested at the time when the women are
writhing under the torture of the flames, haluts of in-
sensibility are produced. For the same reason, when
men or women are suffering the pains of death, you
feel for them no sense of compassion. Like the woiv
shippers of the female deities, who, witnessing from
their infancy the slaughter of kids and buffaloes, feel no
compassion for them in the time of their suffering death;
while followers of Vishnoo are touched with strong feel-
ings of pity.

Advocate. — What you have said I shall carefully con-
sider.

Opponent. — It is to me a source of great satisfiu^don,
that you are now ready to take this matter into your
consideration. By forsaking prejudice and r^ecting
on the Shastru, what is really conformable to its pre-
cepts may be perceived, and the evils and disgrace
brought on this country by the crime of female murder
will cease.

itkxit} !|* %* €;;i ;^; C p.

SECOND CONFERENCE

AN ADVOCATE FOR, AND AN OPPONENT OF,

THE PaAOTICE OF

BURNING WIDOWS ALIVE.

CALCUTTA:
1820.

TO

THE MOST NOBLE

THE MARCHIONESS OF HASTINGS,

COUNTESS OF LOUDOUN, &c, &c.

The following tract, being a translation of a Ben-
galee Essay, published some time ago, as an appeal to
reason in behalf of humanity, I take the liberty to
dedicate to Your Ladyship; for to whose protection
can any attempt to promote a benevolent purpose be
with so much propriety committed?

I have the honour to remain, with the greatest respect.

Your Ladyship's

Most obedient servant,

THE AUTHOR.
February 26, 1820.

ON CONCREMATION;

▲ SECOND CONFERENCE BETWEEN AN ADVOCATE AND
AN OPPONENT OF THAT PRACTICE.

Advocate, — 'Under the tide of Vidhayuk, or Pre-
ceptor, I hare offered an answer to your former argu-
ments. That, no doubt, you have attentively perused.
I now expect your reply,

OpponaU. — I have well considered the answer that,
after the lapse of nearly twelve months, you have
offered* Sudi parts of your answer as consist merely
of a repetition of passages already quoted by us, require
no further observations now. But as to what yon have
advanced in opposition to our ailments and to the
Shastrus, you will be pleased to attend to my reply.
In the first place, at the bottom of your 4th page you
have given a particular interpr^Atiim to the fidlowing
words of Vishnoo, the lawgiver : << After the death of
her husband a woman shall become an ascetic, or as-
cend the ftmeral pile," implyii^ that either alternative
is optional. To this, yon say, eight objections are
found in the Shastrus, idierefore one of the alternatives
must be preferred : diat is to say, the woman iii4io is
unable to ascend the flaming pile shall Hve as an ascetic.
This you maintain is the true interpretation ; and in
proof you have cited the words of the Skundu Pooran
and of Ungira. I answer : In every country all persons

SECOND CONFERENCE ON THE PRACTICE

observe this rule, that meanings are to be inferred from
the words used. In this instance the text of Vishnoo
is comprised in five words : 1st, Mrite, " on death,"
2d, bhurturi, << of a husband;" Sd, bruhmuchuryum,
^^ asceticism ;" 4th, tudunwarohunum, ^ ascending his
" pile;" 5th, va, " or/' That is, " on the death of a
^^ husband, his widow should become an ascetic, or
** ascend his pile." It appears, therefore, from asceti-
cism being mentioned first in order, that this is the
most pious conduct for a widow to follow. But your
interpretation, that this alternative is only left for
widows who are unable to ascend the flaming pile, can
by no means be deduced from the words of the text ;
nor have any of the expounders of the Shastrus so ex-
pressed themselves.

For instance, the author of the Metakshura, whose
authority is always to be revered, and whose words you
have yourself quoted as authority in p. 27, has thus de-
cided on the subject of Codcremation : ^' The widow
^< who is not desirous of final beatitude, but who wishes
^^ only for a limited term of a small d^ee of future
** fruition, is authorized to accompany her husband."

The Smartu Bhuttacharjyu (Rhughoo Nundun, the
modern law commentator of Bengal) limited the words
of Ungira, that ^^ besides Concremation there is no
'* other pious course for a widow," by the authority Of
the foregoing text of Vishnoo ; and authorized the
alternative of a widow living as an ascetic, or dying
with her husband; explaining the woids of Ungira as
conveying merely the exaggerated praise of Conae-
maiion.

Secondly. From the time that Shastrus have been

OF BURNING WIDOWS ALIVE. 221

written in Sungskrit, no author or man of learning has
ever asserted, as you have done, that the person who,
desirous of the enjoyments of heaven, is unable to per-
form the rites leading to fruition, may devote himself to
the attainment of final beatitude. On the contrary, the
Shastrus uniformly declare that those who are unable
to pursue final beatitude, may perform rites, but with-
out desire; and persons of the basest minds, who do
not desire eternal beatitude, may even perform rites for
the sake of their fruits.

As Vusishthu declares : " The person who does not
^^ exert himself to acquire that knowledge of God
^^ which leads to final absorption, may perform ceremo-
" nies without expectation of reward.**

^^ To encourage and improve those ignorant persons,
*^ who, looking only to pleasure, cannot distinguish be-
^^ twixt what is God and not God, the Srooti has pro-
" mised rewards."

Bkugwmd Geeia.

" If you are unable to acquire by d^rees divine
*^ knowledge, be diligent in performing works with a
" view to please me, that by such works you may ac-
" quire a better state. If you are unable even to per-
" form rites solely for my sake, then, controlling your
^^ senses, endeavour to perform rites without the desire
"offruiUon."

TTierefore, to give the preference to self-immolation,
or to the destruction of others, for the sake of future
reward, over asceticism, which gives a prospect of
eternal beatitude, is to treat with contempt the autho-
rities of the Veds, the Vedant, and other Durshuns, as
well as of the Bhuguvud Geeta atid many others. As

SECOM0 CONF£RBNC£ ON THE PRACTICE

the Ved says : ^^ Knowledge and rites both offer them-
<^ selres to man ; but he who is possessed of visdosi,
i< taking their respective natures into serious conside-
** ration^ distii^isbes one from the other, and chooses
(^ tikhf demising fruition ; while a foot, for the sake cf
'* advantage and enjoyment, accepts the ofEeir (^ rites."

WiUK)ut entirely rejecting the authority of the
Oeeta, the essence of all Shastrus, no one can prake
rites performed for the sake of fruition, nor recommend
them to others; for nearly half of the Bhuguvud
Geeta is filled with the dispraise of such works, and
with the praise of works performed without desire of
fruition. A few of those passages have been quoted in
the former conference, and a few others are here given.

" Works performed, except for the sake of God,
" only entangle the soul. Therefore, O Uijoon, for-
^^ sakiDg desire, perf(H*m works with the view to please
" God."

" The person who performs works without desire of
<^ fruition, directing his mind to God, obtains eternal
^ rest. And the person who is devoted to fruition,
^^ and performs works with desire, he is indeed inex-
*' tricably involved."

" Oh, Uijoon, rites performed for the sake of frui-
<^ tion are degraded far below works done without
^^ desire, which lead to the acquisition of the know-
" ledge of God. Therefore perform thou works with-
^^ out desire of fruition, with the view of acquiring
•^ divine knowledge. Those who perform works for the
<' sake of fruition are most debased."

^^ It is my firm opinion, that works are to be pet^
<< formed, forsaking their consequences, and the profit
" pect of their fruits."

OF BURNING WIDOWS ALITS. 82S

The Geeta is not a rare work, and you are Hot unac-
quainted with it. Why dien do you constantly mislead
women, unacquainted with the Shastnis, to follow a
debased path^ by holding oat to them as temptations
the pleasures of futurity, in defiance of all the Shas-
trus, and merely to please the ignorant?

You have said, that eight objecdons are to be found
in the Shastrus to the optional alternative deduced from
the works of Yishnoo. To this I reply. First. To re»
move an imaginary difficulty, a violation of the obvious
interpretation of words, whose meaning is direct and
consistent, b altogether inadmissible. Secondly. Former
commentators, finding no such objection to the inter-
pretation given to the words of Yishnoo^ as aUowing
the optional alternative of asceticism or concremation,
have given the preference to asceticism. The author
of the Metaksfanra, quoting this text of Yishnoo in
treating of Concremation, makes no allusion to such an
objection, but finaHy declares in favour of asceticism.

Hiirdly. Even allowing an optional alternative to
be liable to the eight objections, former audiors have
on many occasions admitted such an alternative. For
example: —

Srooti. " Oblations are to be made of wheat or of
< barley.'' But the meaning of this is not, according
to your mode of interpretation, << That if it cannot be
" made of barley, an offering is to be made of wheat.*

" Burnt offering is to be made at sunrise or before
^ sunrise.** In this insunce your mode of explanation
may be applied ; but no authors have ever given such
an interpretadon, but all have admitted the alternative
to be optional

224 SECOND CONFERENCE ON THE PRACTICE

Here also, according to your opinion, the meaning
would be, that if you cannot worship Shivu you should
worship Vishnoo. But no authors have ever given
such an interpretation: to those words, and to give more
or less worship to Shivu than to Vishnoo is quite con-
trary to the decision of all the Shastrus.
■ Fourthly. — The following text has alsolieen quoted
by you in opposition to the optional alternative in
question, taken as you assert from theSkundu Pooran: —

'^ On the death of her husband, if by chance a woman >
" is unable to perform Concremation, nevertheless she
" should preserve the virtue required of widows. If she
^* cannot preserve that virtue, she must descend to
** hell." To confirm this text you have quoted the ,
words of Ungira :

^^ There is no other pious course for a widow besides
" Concremation ;" which you have interpreted, that
** for a widow there is no other course so pious."

I answer, the words of Ungira are express, that there
is no other pious course for a widow than Concremation.
And the Smartu commentator, having thus interpreted
the text, in reconciling it with the words of Vishnoo
already quoted, declares, that it conveys merely exag-
gerated praise of Concremation.

But you, in opposition to the true meaning of the
expression and to the interpretation given by the
Smartu commentator, have explained those words to
suit your own argument, that there is no other course
more pious than that of Concremation. Perverting
thus the kneaning of the Shastrus, what benefit do you
propose by promoting the destruction of feeble woman,
by holding up the temptation of enjoyments in a future
state ? This I am at a loss to understand.

OF BURNING WIDOWS ALIVE* 22^

If the passage you have quoted from the Skundu
Pooran really exist, the mode ia which the Smartu
commentator has explained the words of Ungira (" there
'* is no other virtuous course,") must be applied to those
of the Skundu Pooran, viz, that the text of the Skundu
Pooran which contradicts Munoo, Vishnu, and others,
is to be understood as merely conveying exaggerated
praise; because, to exalt Concremation, which leads
to future enjoyments that are treated as despicable by
the Opunishuds of the Veds and Smriti, and by the.
Bhuguvud Geeta, above asceticism, in which the mind
may be purified by the perforaiance of works, without
desire that may lead to eternal beatitude, is every way
inadmissible, and in direct opposition to the opinions
maintained by ancient authors and commentators.

Section II.

In the latter end of the 7th page you have ad*^
mitted, that the sayings of Ungira, Vishnoo, and Ha-
reet, on the subject of Concremation, are certainly at
variance with those of Munoo; but assert, that any
law given by Munoo, when contradicted by several
other lawgivers, is to be considered annulled : — there*
fore, his authority in treating of the duties of widows
is not admissible, on account of the discord existing
between it and passages of Hareet, and Vishnoo, and
others* With a view to establish this position you
have advanced three arguments — the first of them is,
that Vrihusputi says, " whatever law is contrary to the

Q

238 SECOND 009FERBNCB Olf TIfE PRACTICE

" law of Munoo, is not commendable;** in which the
nominative case, " whatever law," as being used in the
singular number, signifies, that in case laws, given by a
single person, stand in opposition to those of Munoo,
they are not worthy of reverence ; but if several persons
differ from Munoo in any certain point, his authority
must be set aside. I reply, it has been the invariable
practice of ancient and modern authors, to explain all
texts of law so as to make them coincide with the law
of Munoo ; they in no instance declare that the au-
thority of Munoo is lo be set aside, in order to admit
that of any other lawgiver. But you have, on the con-
trary, set aside the authority of Munoo, on the ground
of inconsistence with the words of two or three other
authors. In this you not only act contrary to the prac-
tice of all commentators, but moreover, in direct oppo-
sition to the authority of the Ved : for the Ved declares,
<- whatever Munoo lays down, that is commendable ;''
which text you have yourself quoted in p. 7, And
as to what you have said respecting the words of Vri-
husputi as being in the singular number, and therefore
only applicable to a case in which Munoo is opposed
by only one lawgiver, it is obvious that the word
" whatever," being a general term, includes every par-
ticular case falling under it; and dierefore his law must
be followed, whatever number of authors th^e may be
who lay down a diiferent direction. And the reason of
this is exprei^ed in the former pairt of the verse of Vri-
husputif that ^^ Munoo has in his work collected the
<* meaning of the Veds." From this it follows, t^at
. whatever law is inconsistent with the code of Munoo,
widoh is the substance of the Ved, is really inconsistent

OF BURNIMG Wl1>OWg ALIVB. 227

with the Ved itself, and therefore inadmimble. Admit-
ting the justice of your explanation of Vrihusputi's
text, that the authority of any individual lawgiver, who
is inconsistent with Mnnoo, must be set aside ; but that
when several authorities coincide in laying down any
rule inconsistent with his law, they are to be followed ;
one might on the same principle give a new explanation
to the following text: —

<^ The person who attempts to strike a Brahmnn
<< goes to the hell called Sotnuyat, or of a hundred
^ punishments; and he who actually strikes a Brahmun,
^ goes to the hell of Suhusrayat, or a thousand punish-^
«* ments."

Here, also, the noun in the nominative case, and that
in the accusative case also, are both in the singular
number ; therefore, according to jrour exposition, where
two or three persons concur in beating a Brahmun, or
where a man beats two or three Brahmans, there is no
crime committed. There are many similar instances of
laws, the force of which would be entirely frustrated
by your mode of interpretation.

You have argued in the second place, that the prac*
tice of Concremation is authorized by a text of the Rig
Ved, and consequently the authority of Munoo is su-
perseded by a higher autfa(»ity. I reply : in the 12th
Ime of the 9th page of your tract, you have quoted and
interpreted a text of the Veds, expressing that ^* the
^ mind may be purified so as to seek a knowledge of
•* God from which absorption may accrue, by the per*
<<formance of the daily and occasional ceremonies,
** without the desire of fruition ; therefore, while life
> may be preserved, it ought not to be destroyed"

Q2

228 SECOND CONFERENCE ON THE PRACTICE

Witbthis then and all similar texts, there is the most
evident concord with the words of Munoo. Notwith-
standing your admission to this effect, you assert that
the authority of the Veds contradicts the declaration of
Munoo. From the text already quoted, " that what'*
" ever Munoo has declared is to be accepted," it fol-
lows that there can be no discrepancy between Munoo
and the Ved. But there is certainly an apparent in-
consistency between the text quoted from the ceremo-
nial part of the Rig Ved authorizing Ck)ncremation, and
that above quoted from the spiritual parts of the Ved,
to which the celebrated Munoo has given the prefe-
rence; well aware that such parts of the Ved are of
more authority than the passages relating to debased
ceremonies. He has accoi'dingly directed widows to
live, practising austerities. The text of the Big Ved,
of course, remains of -force to those ignorant wretches
who are fettered with the desire of fruition, which de-
bars them from the hope of final beatitude. This too
has been acknowledged by yourself, in p. 11, 1. 17,
and was also fully considered in the first Conference,
p. 13, line 18. You cannot but be aware too, that when
there is a doubt respecting the meaning of any text of
the Ved, that interpretation which has been adopted by
Munoo, is followed by both ancient and modern au-
thors. In the Bhuvishyu Pooran, Muhadev gave in-
structions for the performance of a penance for wilfully
slaying a Brahmun ; but observing that this was at va-
riance with the words of Munoo, which declare that
there is no expiation for wilfully killing a Brahmun,
he does not set aside the text of Munoo founded on
the Veds by his own authority, but explains the sense

OF BURNING WIDOWS ALIVE. 229

in which it is to be accepted. " The object of the de*
'^ claration of Munoo, that there is no expiation for the
" wilful murder of a Brahmun, was the more absolute
** prohibition of the crime ; or it may be considered as
•' applicable to Kshutrees, and the other tribes." The
great Muhadev, then, did not venture to set aside the
words of Munoo, but you have proposed to set up the
texts of Hareet and Ungira as of superior authority.

Thirdly. — You have quoted, with the view of doing
away with the authority of Munoo, the text of Juemint,
signifying that if there be a difference of opinion re-
specting a subject, then the decision of the greater
number must be adopted ; and therefore, as the autho-
rity of Munoo, in the present instance, is at variance
with several writers, it must yield to theirs. I reply ;
it is apparent that this text, as well as common sense,
bnly dictates, that where those who differ in opinion
are equal in point of authority, the majority ought to
be followed ; but if otherwise, this text is not applicable
to the case. Thus the authority of the Ved, though
single, cannot be set aside by the concurrent autho-
rities of a hundred lawgivers ; and in like manner the
authority of Munoo, which is derived immediately
from the Ved, cannot be set aside by the contradicting
authorities of the others either singly or collectively*
Moreover, if Ungira, Hareet, Vishnoo, and Vyas, au-
thorized widows to choose the alternative of CJoncre-
mation, or of living as ascetics ; on the other hand, be-
sides Munoo, Yugnyuvulkyu, Vusishthu, and several
other lawgivers have prescribed asceticism only. Why,
therefore, despising the authorities of Munoo and
others, do you persist in encouraging weak women to

880 SECOND CQNF£R£K<;S Of THE PRACTICE

submit to murder, by holding out to them the temp*
tatioDs of future pleasures in heaven ?

Section III.

The quotations from the Moonduk Opunishud and
the Bhuguvud Geeta, which we quoted in our first
conference^ to shew the light in which rites should be
hdd, you have repeated; and have also quoted some
texts of the Veds directing the performance of certain
rites, such as,

^^ He who desires heavenly fruition shall perform the
^'sacrifice of a horse*"— In page 17 you have given
your final conclusion on the subject to this effect :
<^ That rites are not prohibited, but that pious works
<^ performed without desire are preferable to works
^^ performed for the sake of fruition ; and he also who
^* performs those works without desire, is superior to
" him who performs worlcs for the sake of fruition/' —
If then works without desire are acknowledged by you
to be superior to works with desire of fruition, why
do you persuade widows to perform woarks for the sake
of fruition, and do not recommend to them rather to
follow asceticism, by which they may acquire eternal
beatitude? And with respect to your assertion, that
'^ rit^s are not prohibited," this is inconsistent with the
Shastrus ; for if all the texts of the Veds and lawgivers,
prohibiting rites, were to be quoted, they would fill a
large volume : (of these a few have been already quoted
by me in pp. 5 and 6.) — There are indeed Shastrus
directing the performance of rites for the sake oi

OF BURNIMO WIDOWS ALIVE* 231

fruition, but these are acknowledged to be of less
authority than those which prohibit such rites; as is
proved by the following text from the Moonduk
Opunishud : ^^ Shastrus are of two sorts, superior
' and inferior; of these the superior are those by
' which the Eternal God is approached."

In the Bhuguvud Geeta Krishnu says : ^* Amongst
** Shastrus, I am those which treat of God."

In the Sree Bhaguvut is the following text : ^^ 111-
< minded persons, not perceiving that the object of
** the Ved is to direct us to absorption, call the
^ superficially tempting promises of rewards tlieir prin*
<' cipal firuit; but such as know the Veds thoroi:^hly
** do not hold this opinion."

The passages directing works for the sake of frui*
tion are therefore adapted only for the most ignorant.
Learned men should endeavour to withdraw all those
ignorant persons from works performed with desire,
but should never, for the sake of profit, attempt
to drown them in the abyss of passion. Rughoo
Nundun quotes and adopts the following words:
*^ Learned men should not persuade the ignorant to
" perform rites for the sake of fruition ; for it is written
^In the Pooran, that he who knows the path to
^^ eternal happiness will not direct the ignorant to
^^ perform works with desire, as the good physician
^> refuses to yield to the appetite of his patient for
^ injurious food."

2&2 SECOND CONFERENCE ON THE PRACTICE

Sectio|J IV.

In p. 17, 1. 13, of your treatise, you have said, that
the Shastru does not admit that wklows, in giving up
the use of oil, and betel, and sexual pleasures, &c.
as ascetics, perform works without desire, and acquire
absorption. And for this you advance two proofs:
the first, that it appears that Munoo directs that a
widow should continue till death as an ascetic, aiming
to practise the incomparable rules of virtue that have
been followed by such women as were devoted to only
one husband. From the word aiming^ it follows, that
the duties of an ascetic, to be practised by widows, are
of the nature of those performed with desire* Secondly*
From the subsequent words of Munoo it appears, that
those widows who live austere lives ascend to heaven
like ascetics from their youth ; therefore, from the
words ascendi;ig to heaven, it. is obvious that the aus-
terities that may be performed by them are for reward.
I reply ; I am surprised at your assertion, that austeri-
ties practised by widows cannot be considered as per-
formed without desire, and leading to absorption; for
whether austerities or any other kind of act be perfmnied
with desire or without desire, must depend on the mind of
the agent. Some may follow asceticism or other practices
for the sake of heavenly enjoyments, while others, forsak-
ing desire of fruition, may perform them^ and at length
acquire final beatitude. Therefore, if a widow prac-
tise austerities without the desire of fruition, and yet
her acts are asserted to be with desire of fruition, this
amounts to a setting at defiance both experience and
the Shastrus, in a manner unworthy of a man of

OP BURNING WIDOWS ALIVE. 238

learning like yourself. As to what you have observed
respecting the word aiming in the text of Munoo, it
never can be inferred from the use of that word, that
the asceticism of widows must necessarily be with de-
sire ; for with the object of final beatitude, we prac-
tise the acquisition of the knowledge of God, which no
Shastru nor any of the learned has ever classed amongst
works performed with desire of fruition. For no man
possessed of understanding performs any movement of
mind or body without an object: it is those works
only, therefore, that are performed for the sake of
corporeal enjoyments, either in the present or in a
future state of existence, that are said to be with
desire, and that are, as such, prohibited, as Munoo
defines : ^^ Whatever act is performed for the sake
" of gratifications in this world or the next is called
** Pruberttuk; and those which are performed ac-
^^ cording to the knowledge of God are called Ni-
w burttuk."

As to your second argument, that widows leading an
ascetic life are rewarded by a mansion in heaven, I
reply ; that from these words it does not appear that
austerities should necessarily be reckoned amongst
works performed for reward ; for a mansion in heaven
is not granted to those alone who perform works with
desire, but also to those who endeavour to acquire a
knowledge of God, but come short of attaining it in
diis life. They must after death remain for a long
time in the heaven called the Brumhulok, and again
assume a human form, until they have, by perfecting
diemselves in divine knowledge, at length obtained
absorption. The Bbuguvud Geeta says distinctly :

284 SECOND COMF£E£NCS OK THE PEACTICE

^^ A man whose devotions have been broken off by
^^ death) having enjoyed for an immengity of years the
<< rewards of his virtues in ther^onsabove^ at length is
<^ bom again in some holy and respectable family." Kock
look Bhuttu, the commentator on Munoo, says expressly,
in his observi^ions on the text of his author, that those
ascetic widows ascend to heaven like Sunuk Balitkhilyu
and other devotees from their youth. By this, it is
clearly shewn, that those widows asceml to heaven in
tlie same way as those pious devotees who have already
acquired final beatitude, which can only be attained by
works performed without desire. And hence the aus-
tierities of widows must be reckoned amongst works
without desire.

Section V.

^ In page 18, you have asserted that a widow who
undergoes Concremation has a higher reward than she
who lives as a devotee ; for the husband of the woman
who performs Concremation, though guilty of the mur*
der of a Brahmun, or of ingratitude or treachery towards
a firiend, has his sins, by her act, expiated, and is ;saved
from hell, and her ;busband's, her foiher^s, and iier
mother's progenitors, are all beatified, and she herself
is delivered from female form.-^I reply, you. have
stated, in page 27, comn^ncing at. the ddiine, that
wcurks witbojut 4estirje ar6 prefie^able to those performed
for the sake of fruition ; while here again you say, tkat
Concre^matioa is preferable to . asoetickm* You liaive,
however, a^si^ed as a reason for your new doetiine,
that Conoremation . saves progenitors as well.tiis the

OF BURNING WIDOWS ALIVE* 2B&

husband. I have already shewn, that such promises of
reward are merely held out to the most ignorant, in
order to induce them to follow some kind of religious
observance, and to withdraw from evil conduct. Tbere^
Ibre^ to prefer works p^ormed with a desire of frui-
tion, to works without desire, merely on the ground
of such exaggerated promises, is contrary to all the
i^astrus. If, in defiance of all the Shastrus, you main-
tain that such promises of reward are to be understood
literally, and not merely as incitements, still there can
be no occasion for so harsh a sacrifice, so painful to
mind and body^ as burning a person to death in order
to save their lines of progenitors ; for, by making an
offering of one ripe plantain to Shivu, or a single
flower of Kurubeer, either to Shivu or to Vishnoo,
thirty millions of lines of progenitors may be saved,

^^ He, who maketh an oblation of a single ripe plan*
^^ tain to Shivu, shall with thirty millions of races of
" progenitors ascend to the heaven of Shivu."

** By presenting a single Kurubeer, white or not
" white, to Vishnoo or Shivu, thirty millions of races of
" progenitors are exalted to heaven."

Nor is there any want of promise of reward to those
who perform works without desire. In fact, rather
more abundant rewards are held out for sudi works
than those you can quote for the opposite practice.
" Those who have acquired knowledge in the pre-
" scribed mode can, by mere volition, save any number
" of progenitors; and all the gods offer worship to the
" devotees of the Supreme Being." A volume filled
with ij^ts of this kind might be easily written. More^
over, should even the least part of any ceremony per*-

236 SECOND CONFERENCE ON THE PRACTlCft

formed for reward be omitted or mistaken, the fniitd
are destroyed, and evil is produced. But there is no
bad consequence from a failure in works performed
without desire, for the completion of these, even in
part, is advantageous. In proof I quote the Bhujguvud
Geeta : " Works without desire, if only commenced,
** are never without advantage ; and if any member be
** defective, evil consequences do not ensue, as in works
** performed with desire. And the performance of evert
*^ a small portion of a work without desire brings
<< safety."

There is evidently a possibility of a £iilure in
some portion of the rites of Concremation or Post-
cremation, particularly in the mode in which you per-
form the ceremony contrary to the directions of the
Shastrus. What connection is there betwixt that mode
and the enjoyment of temporary heavenly gratifications
— a mode which only subjects the widow to the ccwise-
quences of a violent death !

Section VI.

Again in p. 17, 1. 3, you admit it to be more com-
mendable for a widow to attend to the acquisition of
knowledge than to die by Concremation ; but after-
wards, in order to persuade them to the practice of
C!oncremation, and to prevent them from pursuing the
acquisition of knowledge, you observe, that women atb
naturally prone to pleasure, are extremely devoted to
works productive of fruits, and are always subject to
their passions. To persuade such persons to forsake

OF BURNINO WIDOWS ALIVE. 237

Concremation, in order to attempt the acquisition of
knowledge, is to destroy their hopes in both ways. In
support of your opinion you have quoted the Geeta :
** Those Ignorant persons who are devoted to works
** ought not to be dissuaded from performing them.**
I reply; your object in persuading women to burn
themselves may now be distinctly perceived ; you con-
sider women, even of respectable classes, as prone to
pleasure, and always subject to their passions; and
therefore you are apprehensive lest they should lose
both prospects of hope, by giving up Concremation,
and attempting to acquire knowledge. For this reason
you lead them to the destruction of their lives, by hold-
ing out to them the temptation of future reward. It is
very certain that all mankind, whether male or female,
are endowed with a mixture of passions; but by study
of the Shastrus, and frequenting the society of respect-
able persons, those passions may be gradually subdued,
and the capability of enjoying an exalted state may be
attained. We ought, therefore, to endeavour to with-
draw both men and women from debased sensual plea-
sures, and not to persuade them to die with the hope
of thereby obtaining sensual enjoyments, by which,
after a certain period of gratification, they are again
immersed in the pollutions of the womb, and subjected
to affliction. The Shastrus have directed those men
or women, who seek after a knowledge of God, to hear
and reflect upon his doctrine, that they may escape
from the grievous pain of this world; and they have
also prescribed daily and occasional riies to be per-
formed without the hope of reward by those who do
hot seek after divine knowledge, in order that their

2SS SECOND CONFini]:3ff0E ON THE PRACTICE

mindis may be purified, and prepared to receive that
knowledge. We, therefore, in conformity with the
l^astru, make it our endeavour to dissuade widows
from desiring future base and fleeting enjoyments, and
encourage them to the acquisition of that divine know-
ledge which leads to final beatitude. Widows, there-
fere, by leading an ascetic life in the performance of
duties without desire, may purify their minds and ac-
quire divine knowledge, which may procure for them
final beatitude. And consequently there is no reason
why they should lose both objects of future hope by
forsaking Concremation.

" Oh, Urjoon, by placing their reliance on me^
^^ women and those of the lower classes of Vueisbyu
*< and Soodru may obtain the highest exaltation/'

You, however, considering women devoted to their
passions, and consequently incapable of acquiring
divine knowledge, direct them to perform Concrema-
tion ; and maintain that, if any amongst them should
not burn widi their husbands, according to your final
decision from the Shastrus, they^ must lose the hopes
that belong to both practices; because, according to
your opinion, they are entirely incapable of acquiring
divine knowledge, and by not adopting Concremation^
they give up the prospect of future gratifications. As
to your quotation from the Geeta, to show that persons
devoted to works ought not to be dissuaded from the
performance of them, it may be observed that this text
applies only to rites offered without desire of rewardf
though applied by you to works performed for the sake
of future enjoyment, in direct inconsistency with the
authority of the Geeta. The object of this, as well ^

OP BURNING WIDOWS ALIVE. 2S9

of all texts of the Geeta, is to dissuade men from works
performed with desire. The Gceta and its Commen-
taries are both acoessible to alL Let the learned de-
cide the pmnt.

You have quoted the following text of Vusishthn :
'< He who, being devoted to worldly pleasures, boasts^
** sajring, ^ I am a knower of God,' can neither obtain
" the consequences procurable from works, nor attain
^* final beatitude, the fruit of divine knowledge."

I admit the force of this text* For whether a man be
devoted to worldly pleasures or not, if he be a boaster,
either of divine knowledge or of any other acquire*
ment, he is indeed most despicable; but I am unable
to see how this text, which forbids vain-glory, is appln
cable to the question before us, which relates to the
Concremation of widows.

Section VII.

In your 20th page, you have stated for us, that we
do not object to the practice of Concrematicm, but to the
tying down of the widow to the pile before setting it on
fire. I reply ; this is very incorrect, for it is a gross
misrepresentation of our argument; because Concre-
mation or Posteremation is a work performed for the
sake of future reward, which the Opunishud and the
Geeta, and other Shastrus, have declared to be most
contemptible. Consequently, relying oh those Sbas^
triis, it has been always our object to dissuade widows
from the act of Concremation or Posteremation, that
Aey might not, foe the «ake of the debased enjoymenl

240 SECOND COJ^FEBENCE OS THE PRACTICE

of corporeal pleasures, renounce the attainment of
divine knowledge. As to the mode in which you
murder widows by tying them to the pile, we do exert
ourselves to prevent such deeds, for those who are wit-
nesses to an act of murder, and neglect to do any thing
towards its prevention, are accomplices in the crime.

In justification of the crime of burning widows by
force, you have stated, towards the foot of the same
page, that in those countries where it is the custom for
widows to ascend the flaming pile, there cannot be any
dispute as to the propriety of following that mode : but
where that is not the mode followed, and it is the
practice for those that burn the corpse to place a por-
tion of fire contiguous to the pile, so that it may gra-
dually make its way to tht; pile, and at that time the
widow, according to the prescribed form, ascends the
pile ; in this mode also there is nothing contrary to
the Shastrus. You have, at the same time quoted two
or three authorities to shew, that rites should be per-
formed according to the custom of the country. I
reply ; female murder, murder of a Brahmun, parri-
cide, and similar heinous crimes, cannot be reckoned
amongst pious acts by alleging the custom of a coun-
try in their behalf; by such customs rather the country
in which they exist is itself condemned. I shall write
more at large to this purpose in the conclusion. The
practice, therefore, of forcibly tying down women to the
pile, and burning them to death, is inconsistent with
the Shastrus, and highly sinful. It is of no conse-
quence to affirm, that this is customary in any particu-
lar country — if it were universally practised, the mur-
ders would still be criminal. The pretence tliat many

OF BURNING WIDOWS ALIVE. 241

are united in the commission of such murder will not
secure them from divine vengeance. The customs of
a country or of a race may be followed in matters
where no particular rules are prescribed in the Shas-
trus; but the wilftil murder of widows, prohibited by
all Shastrus, is not to be justified by the practice of a
few. From the Skundu Pooran : " In those matters
** in which neither the Veds nor lawgivers give either
** direct sanction or prohibition, the customs of a
** country or of a race may be observed/' If you insist
that the practice of a country or of a race, though
directly contrary to the directions of the Shastrus, is
still proper to be observed, and to be reckoned amongst
lawftd acts, I reply, that in Shivukanchee and Vish-
nookanchee it is the custom for the people of all
classes of one of those places, whether learned or igno^
rant, mutually to revile the god peculiarly worshipped
by the people of the other — ^those of Vishnookanchee
despising Shivu, and of Shivukanchee in the same
maimer holding Vishnoo in contempt. Are the inha-
bitants, of those places, whose custom it is thus to revile
Shivu and Vishnoo, not guilty of sin ? For each of
those tribes may assart, in their own defence, that it is
the practice of their country and race to revile the god
o£ tfaex>ther. But no learned Hindoo will pretend to
say, that this excuse saves them from sin. The Raj-
poots^ also, in the neighbourhood of the Dooab, ar^
accustomed to destroy their infisint daughters; they
also must not be considered guilty of the crime of child-
miirder^ as they act according to the custom of theit
country and race. There are many instances of the
same kind. No Pundits, then, would consider a heinous

242 SECOND CONFERENCE ON THE PRACTICE

crime, directly contrary to the Shastrus, as righteous,
by whatever length of practice it may appear to be
sanctioned.

You have at first alleged, that to bum a widow after
lying her down on the pile, is one of the acts of piety,
and have then quoted our argument for the opposite
opinion, that ^^ the inhabitants of forests and moun-
^^ tains are accustomed to robbery and murder : but
'^ must these be considered as faultless, because they
** follow only the custom of their country ?' To this
you have again replied, that respectable people are not
to be guided by the example of mountaineers and
foresters* But the custom of burning widows, you say,
** has been sanctioned by the most exemplary Pundits
*« for a length of time. It is the custom, then, of re-
^^ spectable people that is to be followed, and not that
" of men of no principles." I answer ; respectability,
and want of respectability, depend upon the acts of
men. If the people ^f this province, who have been
constantly guilty of the wilful murder of women by
tying them to the pile in which they are burnt, are to
be reckoned amongst the respectable, then why should
not the inhabitants of mountains and f(»rests be^ also
reckoned good, who perpetrate murder for the sake, of
their livelihood, or to propitiate their cruel deities?
To shew that the custom of a country should be^M-
lowed, you have quoted a text of the Ved, signifying
that the example of Brahmuns well versed in the
Shastrus, of good understanding, and whose practice, is
in conformity with reason and the Shastrus, not subject
to passion, and accustomed to perform good works,
should be followed. And you have also quoted the

OF BURNING WIDOWS ALIVE. §43

words of Vyas, signifying that the authorities of the
Veds and Shastrus, as well as of reason, being various,
the practice pointed out by illustrious men should be
adopted. I reply; you have shewn that the example of
men versed in the Shastrus, and who act in conformity
with reason and the Shastrus, should be followed; but can
you call those who, in defiance of the Shastrus, wilfiiUy
pat women to death by tying them down to the pile on
which they are burned, illustrious, acquainted with the
Veds, and devoted to act$ prescribed by the Shastrus
and by reason ? If not, their example is to be disre-
garded. If you can call those, who wilfully tie dowil
women to put them to deaths righteous and illustrious,
then there is no instance of unrighteousness and depra-
vity. I have already said, that when any act is neither
directly authorized nor prohibited by the Shastrus, the
custom of the country, or of the race, should be the
rule of conduct; but in the present case, the words are
express in prescribing that the widow shall enter the
flaming pile. But those who, in direct defiance of the
authority of the Shastrus, act the part of woman-mur-
derers, in tying down the widow to the pile, and, sub-
sequentfy applying the flame, bum her to death, can
never exculpate themselves from the sin of woman-
murder. As to the words you have quoted from the
Skundtt Pdoran, signifying that the arguments of one
who has no faith in Shivu and Vishnoo can have no
weight in the discussion of the legality of facts, I reply,
this text is applicable to those who worship images.
Those who worship forms under any name, and have no
faith in Shivu and Vishnoo, their worship is vain, and
their words to be disregarded. In the same way the

R 2

244 SECOND CONFERENCE ON THE PRACTICE

words of the Koolamuv : " He whose mouth does not
<< give out the smell of wine and flesh, should perform
^' a penance and be avmded, and is as an inferior ani*
** mal. This is undoubted." These words 9.re appli-
cable only to those who follow the Tuntrus ; and if all
such texts are considered otherwise applicable than in
relation to the sects to whom they are directed, there is
no possibility of reconciling the variances betwixt the
different Shastrus. The Shastru, treating of God, con-
tains the following words : " Acts and rites that origi-
^^ nate in movements of the hands, and other members
^^ of the body, being perishable, cannot effect beatitude
** that is eternal."

^^ Those that worship forms under appellations, con-
<^ tinue subject to form and appellation ; for no perish-
<^ ^ble means can effect the acquisition of an imperish-
" able end."

" That man who considers the Bdng that is infinite,
^< incomprehensible, pure, extending as far as space,
^^ and time, and vacuity, to be finite, perceptible by
^^ the senses, limited by time and place, subject to pas-
<< sion and anger, what crime is such a robber of EKvine
" Majesty not guilty of?" That is, he is guilty of those
sins which are considered as the most heinous, as well
as of those that are considered ordinary sins. There-
fore the words of so sinful a person can have no wdght
in the discussion of the legality of rites.

of burning widows alive. 245

Section VIII.

You have stated in p. 2, that in the same manner as
when part of a village or of a piece of cloth has been
burnt, the village or piece of cloth is said to be burnt,
so if a portion of the pile is inflamed, the whole pile
may be said to be flaming. Therefore, it may with pro-
priety be affirmed, that widows do in this country
ascend the flaming pile.

I reply ; you may affi)rd gratification to thoi^e who
take delight in woman-murder by such a quibble, but
how can you avoid divine punishment by thus playing
upon words ? — for we find in the text of Hareet and of
Vishnoo, the phrase " pruvivesh hootasunum," which
means entering intojlamesy and the term " Sumarohed*
^^ dhootasunum," signifying ascending the flames. You
have interpreted these directions in this way ; — that, at a
considerable distance from the pile, fire may be placed,
and a piece of grass or rope may connect the fire with
the pile ; and that thus, by ascending the pile, which
has not been in the smallest degree afiected by the fire,
the widow may fulfil the direction of ascending and en-
tering the finning pile. But I beg to remark, that
both in the vulgar dialect and in Sungskrit, the word
" Pruvesh" expresses only the introgression of one sub-
stance into another ; as for example, <^ Grihu pruvesh
^^ koriachhilam," I entered the house ; the word entered
cannot be used unless I actually passed into the house.
If a long bamboo be attached to the house and a rope
be fastened to that bamboo, no one can in any lan-
guage say, that in merely touching that rope or bamboo
he has entered that house. If a single billet of wood

346 SECOND COMFEREMCE ON THE PRACTICE

belonging to the pile were indeed inflamed, then you
might say, according to your quibble regarding the
burning of the cloth and of the village, that the pile
was inflamed, and the flaming pile entered ; but even
this is by no means the case, in the mode in which your
pile is used. Unless, however, the pile is so completely
in fire that the flames may surround the whole of her
body, the woman cannot be said to enter into flame*
You must then, before you can justify your murder of
helpless women, prepare a new dictionary ; but there
is no great probability of its interpretations being
adopted by men of knowledge.

Towards the end of the 28th page you assert, that
those who tie down the woman to the pile according to
the custom of the country, are not guilty of violation
of the Shastrus : for it is to be understood from the
words of Hareet before quoted, that until her body be
burnt, the widow cannot be delivered from female form,
which implies that her body ought to be completdy
consumed; and that it is <m this account that those
who burn her make her fast to the pile, lest by acddent
any part of the dead body should fall out of die pile^
and fail of being consumed, and in that case the burn-
ing be incomplete. This practice of tying down, there^
fore, is also conformable to the Shastru ; and those who,
in burning the woman, make her fast to the pile, are
not therein guilty of any sin, but rather perform a
pious act. In support of this assertion you have quoted
the words of Apustumbu, signifying that he who per-
forms an act prescribed by the Shastrus, or he who
persuades or permits another to perform a prescribed
act, ascends to heaven ; and he who commits an act

OF BURNING WIDOWS ALIVE. 247

forbidden by the Shastru, or who persuades or permits
another to perform a prohibited action, sinks to hell.

I reply ; you mean to say, that it is not in order to
avoid the danger of the widow's flying from the pile
from fear of the flames, or from pain, that she is made
fast — ^but merely, lest any fragments of the body should
fidl from the pile unburnt, that she is tied down to the
pile while alive. I ask, is it with an iron chain that
the woman is made fast, or Mrith a common rope ? For
by securing the body by means of iron, the danger of
portions of it being scattered from the pile may un-
doubtedly be avoided. But if, on the contrary^ the body
is bound with a common rope, the rope will be con-
sumed before life has altogether quitted the body, and
the rope, when so burned, can be of no use in retaining
within the pile the members of the body. So far have
Pundits been infatuated, in attempting tp give the ap-
pearance of propriety to improper actions, that they
have even attempted to make people believe, that a
rope may remain unconsumed amidst a flaming fire^
and prevent the members of a body from being dis-
persed from the pile. Men of sense may now judge of
the truth of the r^ison to which you ascribe the practice
of tying down widows. All people in the world are not
blind, and those who will go and behold the mode in
which you tie down women to the pile, will readily per-
ceive the truth or falsehood of the motives you assign
for the practice. A little reflection ought to have con-
vinced you of the light in which such an argument
must be viewed, even by those of your friends who have
the smallest regard for truth. As for the text you have
quoted from Apustumbu, it might have, with more pro-

248 SECOND CONFERENCE ON THE PRACTICE

priety, been cited by us, because it is estaUish^ by
that passage, that those who commit, persuade to, or
permit an improper action, descend to hell ; for those
that are guilty of wilful woman-murder^ by tying women
down with ropes, ^und burning them to death, a practice
unauthorized by the Shastrus, and considered as most
heinous, and those who persuade or permit others to
do so, are certainly obnoxious to the denunciation of
Apustumbu. The pretext of custom of the country, or
of the object of preventing portions of the body from
being scattered, will not exculpate them.

You have written, in page 29, that those who, by the
permission of the widow, increase the flames by throw-
ing wood or straw on the pile, are meritorious : for he
who without reward assists another in a pious act, is to
be esteemed most meritorious* In confirmation, you
have quoted an anecdote of the Mutshyu Pooran, that
a goldsmith, by affording his gratuitous assistance in a
pious act, obtained a great reward. To this I have
already replied : for if those who voluntarily commit
woman-murder, by tying down a widow to the pile,
and holding her down with bamboos to be burnt to
death, are to be reckoned as performers of a pious act,
those who assist them in so doing must be e^;eemed
meritorious : but if this be a most heinous and debased
crime, the promoters of it must certainly reap the fruits
of woman-murder.

In your concluding paragraph you have quoted three
texts, to prove the continual observance of this practice
during all ages. The first recounting, that a dove en-
tered into the flaming pile of her deceased husband.
The second, that when Dhriturashtru was burning in

OF BURNING WIDOWS ALIVE. 249

the flames of his hennitage, his wife, Gandharee, threw
hersdf into the fire. The wives of Busoodev (the father
of KrishnuX of Baluram, of Prudyoomnu, and of others,
entered the flaming piles of their respective husbands.
These diree instances occurred, as narrated by the
Pooran writers, within intervals of a few years towards
the close of the Dwapur Yoog. You ought then to
have quoted other instances, to shew the continual ob-
siervance of this practice throughout all ages. Let that
be as it may, you yourself cannot fail to know, that in
former ages there were, as in later times, some who
devoted themselves to the attainment of final beatitude,
and others to the acquisition of future pleasure. Some
too were virtuous, and some sinful; some believers,
some sceptics. Amongst those, both men and women,
who performed rites for reward, after enjoying plea-
^res in heaveii, have again fallen to earth. Those
Shastrus themselves declare this fact; but in the Shas-
trus that teach the path to final beatitude, the per-
forinance of rites for the sake of reward is positively
forbidden. According to these Shastrus, numberless
women, in all ages, who were desirous of final beatitude,
by living as ascetics, attained their object. Evidence
of this is to be found in the Muhabharut and other
works : " The widows of the heroic KoorooSj who fell va-
^^ liantly with their faces to the foe, and were translated
^ to the heaven of Bruhma, performed only the pre-
^^ scribed ceremonies with water,'' and did not burn
themselves on the piles of their husbands. I have
moreover to request your attention to the fact, that in
the three instances you have quoted, the very words
" entered into fire' are used. In those three cases.

250 SECOND CONFERENCE ON THE PRACTICE

then, it appears that tlie widows actually entered the
flames, and therefore, whatever widow in the present
time does not enter the fire, but is burnt to death by
others tying. her down to the pile^ has not performed
the ceremony according to the ancient practice you
have instanced y and from rites saperfiuined she cannot
even be entitled to the temporary enjoyment of hea*
venly pleasures; and those who tie her down, and,
pressing on her with bamboos, kill her, must,, according
to all Shastrus,. be considered guilty of the heinous
crime of woman-murder.

Section IX.

Adiwcak. — I alluded^ in p. 18, L 18, to the real'
reason for our anxiety to persuade widbws to follow
their husbands, and for our endeavours to burn them,-
pressed down with ropes: viz. that women are by
nature of inferior understanding, without resolution,
unworthy of trust, subject to passions, and void of vir*
tuous knowledge;, they, according to the precepts of
the Shastru, are not allowed t0 marry again after the
demise of their husbands, and consequently despair at
once of all worldly pleasure i hence it is evident, that
death to these unfortunate widows is preferable to ex-
istence ; for the great difficulty which a widow may ex-
perience by living a purely ascetic life, as prescribed by
the Shastrus, is obvious ; therefore, if she do not per-
form Concremation, it is probable that she may be
guilty of such acts as may bring disgrace upon her

OF BURNING WIDOWS ALIVE. 251

paternal and maternal relations, and those that may be
connected with her husband. Under these circum-
stances, we instruct them from their early life in the
idea of Concremation, holding out to them heavenly
enjoyments in company with their husbands, as well as
tlie beatitude of their relations, both by birth and mar-
riage, and their reputation in this world. From this
many of them, on the death of their husbands, become
desirous of accompanying them ; but to remove every
chance of their trying to escape from the blazing fire,
in burning them we first tie them down to the pile*

Opponent. — The reason you have now assigned for
burning widows alive is indeed your true motive, as we
are well aware; but the faults which you have im-
puted to women are not planted in their constitution
by nature; it would be, therefore, grossly criminal to
condemn that sex to death merely from precaution.
By ascribing to them all sorts of improper conduct, you
have indeed successfully persuaded . the Hindoo com-
munity to look down upon them as contemptible and
mischievous creatures, whence they have been sub-
jected to constant miseries. I have, therefore, to offer a
few reriiarks on this head.
' Women are in general inferior to men in bodily
strength and energy ; consequently the male part of the
community, taking advantage of their corporeal weak-
ness, have denied to them those excellent merits that they
are entitled to by nature, and afterwards they are apt to
say that women are naturally incapable of acquiring
those merits. But if we give the subject consideration,
we may easily ascertain whether or not your accusation
against them is consistent with justice. As to their in-

252 SECOND CONFERENCE ON THE PRACTICE

feriority in point of understanding, when did you ever
afford them a fair opportunity of exhibiting their natural
capacity? How then can you accuse them of want of
understanding ? If, after instruction in knowledge and
wisdom, a person cannot comprehend or retain what has
been taught him, we may consider him as deficient; but
as you keep wQmen generally void of education and ac-
quirements, you cannot, therefore, injustice pronounce
on their inferiority. On the contrary, Leelavutee, Bha-
noomutee (the wife of the prince of Kurnat), and that
of Kalidas, are celebrated for their thorough know-
ledge of all the Shastrus : moreover in the Vrihudar-
unyuk Opunishud of the Ujoor Ved it is clearly
stated, that Yagnuvulkyu imparted divine knowledge
of the most diflScult nature to his wife Muitreyee, who
was able to follow and completely attain it !

Secondly. You charge them with want of resolution,
at which I feel exceedingly surprised : for we con-
stantly perceive, in a country where the name of death
makes the male shudder, that the female, from her firm-
ness of mind, offers to burn with the corpse of her de-
ceased husband ; and yet you accuse those women of
deficiency in point of resolution.

Thirdly. With regard to their trustworthiness, let us
look minutely into the conduct of both sexes, and we
may be enabled to ascertain which of them is the most
frequently guilty of betraying friends If we enume-
rate such women in each village or town as have been
deceived by men, and such men as have been betrayed
by women, I presume that the number of the deceived
women would be found ten times greater than that of
the betrayed men. Men are, in general* able to read

OF BURNING WIDOWS AUVE. 253

and write, and manage public affairs, by which means
they easily promulgate such faults as women occa-
sionally commit, but never consider as criminal the
misconduct of men towards women. One fault they
have, it must be acknowledged; which is, by con-
sidering others equally void of duplicity as them-
selves, to give their confidence too readily, from which
they suffer much misery, even so far that some of
them are misled to suffer themselves to be burnt to
death.

In the fourth place, with respect to their subjection to
the passion^ this may be judged of by the custom of
marriage as to the respective sexes; for one man may
marry two or three, sometimes even ten wives and up-
wards ; while a wom«i, who marries but one husband,
desires at his death to follow him, forsaking all worldly
enjoyments, or to remain leading the austere life of an
ascetic.

Fifthly. The accusation ^of their want of virtuous
icnowledge is an injustice. Observe what pain, what
slighting, what contempt, and what afflictions their virtue
enables them to support ! How many Kooleen Brah-
mins are there who marry ten or fifteen wives for the
sake of money, that never see the greater number of them
after the day of marriage, and visit others only three
or four times in the course of their life. Still amongst
those women, most, even without seeing or receiving
any support from their husbands, living dependent on
their fathers or brothers, and suffering much distress,
continue to preserve their virtue j and when Brah-
mans^ or those of other tribes, bring their wives to live
with them, what misery do the women not suffer ? At

254 SECOND CONFERENCE ON THE PRACTICE

marriage the wife is recognized as half of ber husband^
but in after-conduct they are treated worse than inferior
animals. For the woman is employed to do the work
of a slave in the house, such as, in her turn, to clean the
place very early in the morning, whether cold or wet,
to scour the dishes^ to wash the floOr, to cook night and
day, to prepare and serve food f<Hr h^ luisbairi, fieither
and mother-in-law, sisters-in-law, brothers-in law, and
fiiendsand connections! (for amongst Hindoos more
than in other tribes relations long reside together^
and on this account quarrels are more common
amongst brothers respecting their worldly affairs.) If in
thepreparation or serving up of the victuals they commit
the smallest fault, what insult do they not receive from
their husband, their mother-in-law, and the younger
brothers of their husband ! After all the male part of
the family have satisfied themselves, the women con-
tent themselves with what may be left, whether sufficient
in quantity or not Where Brahmuns or Kayustus are
not wealthy, their women are obliged to attend to their
cows, and to prepare the cow-dung for firing. In the
afternoon they fetch water from the river or tank; and
at night perform the office of menial servants in making
the beds. In case of any fault or omission in the
performance of those labours, they receive injurious
treatment. Should the husband acquire wealth, he
indulges in criminal amours to her perfect knowledge,
and almost under her eyes, and does not see her per-
haps once a month. As long as the husband is poor,
she suffers every kind of trouble, and when he becomes
rich she is altogether heart-broken. All this pain and
affliction their virtue alone enables them to support.

OF BURNING WIDOWS ALIVE. 255

1

Where a husband takes two or three wives to live with
him, they are subjected to mental miseries and constant
quarrels. Even this distressed situation they virtuously
endure. Sometimes it happens that the husband, from
a preference for one of his wives, behaves cruelly to
another. Amongst the lower classes, and those even of
the better class who have not associated with good com-
pany, the wife, on the slightest fault, or even on bare
suspicion of her misconduct, is chastised as a thief.
Respect to virtue and their reputation generally makes
them forgive even this treatment. If, unable to bear such
cruel usage, a wife leaves her husband's house to live
separately from him, then the influence of the husband
with the magisterial authority is generally sufficient to
place her again in his hands ; when, in revenge for her
quitting him, he seizes every pretext to torment her
in various ways, and sometimes even puts her privately
to death. These are facts occurring every day, and
not to be denied. What I lament is, that, seeing the
women thus dependent and exposed to every misery,
you feel for them no compassion, that might exempt
them from being tied down and burnt to death.

ABSTRACT

ARGUMENTS

R&OARDINO

THE BURNING OF WIDOWS,

CONSIDERED AS A RELIGIOUS RITE.

CALCUTTA :
1830.

ABSTRACT

THE ARGUMENTS, &c.

Several Essays, Tracts, and Letters, written in de^
fence of or against the practice of burning Hindoo
widows alive, have for some years past attracted the
attention of the public. The arguments therein ad-
duced by the parties being necessarily scattered, a com-
plete view of the question cannot be easily attained by
such readers as are precluded by their immediate avo-
cations from bestowing much labour in acquiring in-
formation on the subject. Although the practice itself
has now happily ceased to exist under the Government
of i^engal,'^ nevertheless, it seems still desirable that
the substance of those publications should be condensed
in a concise but comprehensive manner, so that en^*
quirers may, with little diflSculty, be able to form a just
conclusion, as to the true light in which this practice is
viewed in the religion of Hindoos. I have, therefore,
made an attempt to accomplish this object, hoping that
the plan pursued may be found to answer this end.

• The administration to which this distinguished merit is due,
  consisted of Lord W. C. Bentinck, governor general ; Viscount
  Oombermere, commander in chief; W. B. Bayley, Esq., and Sir
  C. T. Metcalfe, members of council.

S2

260 ABSTRACT OF ARGUMENTS

The first point to be ascertained is, whether or not
the practice of burning widows alive on the pile and
with the corpse of their husbands, is imperatively en-
joined by the Hindoo religion. To this question, even
the staunch advocates for Concremation must reluc-
tantly give a negative reply, and unavoidably concede
the practice to the option of widows. This admission
on their part is owing to two principal considerations,
which it is now too late for them to feign to overlook.
First, because Munoo in plain terms enjoins a widow
to ^^coritinue till death forgiving all injuries, performing
^' austere duties, avoiding every sensual pleasure, and
** cheerfully practising the incomparable rules of virtue
** which have been followed by such women as were
^' devoted to one only husband;" (ch. v. ver. 158.) So
Yagnuvulkyu inculcates the same doctrine: ** A widow
" shall live under care of her father, mother, son, bro-
** ther, mother-in-law, father-in-law, or uncle; since,
** on the contrary, she shall be liable to reproach."
(Vide Mitakshura, ch. i.) Secondly, because an attempt
on the part of the advocates for Concremation to hold
out the act as an incumbent duty on widows, would ne-
cessarily bring a stigma upon the character of the
living widows, who have preferred a virtuous life to
Concremation, as charging them with a violation of the
duty said to be indispensable. These advocates, there-
fore, feel deterred from giving undue praise to a few
widows choosing death on the pile, to the disgrace of
a vast majority of that class preferring a virtuous life.
And in consideration of these obvious circumstances,
the celebrated Smarttu Rughoonundun, the latest com-
mentator on Hindoo law in Bengal, found himself com*

REGARDING BURNING OF WIDOWS. 261

pelled to expound the following passage of Unggira :
" there is no other course for a widow beside Concre-
^ tnation ;' as " conveying exaggerated praise of the
" adoption of that course.**

The second point is, that in case the alternative be
admitted, that a widow may either live a virtuous life,
of burn herself on the pile of her husband ; it should
next be determined, whether both practices are esteemed
equally meritorious, or one be declared preferable to
the other. To satisfy ourselves on this question, we
should first refer to the Veds, whose authority is con-
sidered paramount; and we find in them a passage
most pointed and decisive against Concremalion, de-
claring that "from a desire during life, of future frui-
" tion» life ought not to be destroyed.' (Vide Mitak-
wshura, ch.i.) While the advocates of Concremation
^uote a passage from the Veds, of a very abstruse
nature, in support of their position, which is as follows :
" O fire, let these women, with bodies anointed with
" clarified butter, eyes coloured with collyrium and
" void of tears, enter thee, the parent of water,^ that
" they may not be separated from their husbands,
" .themselves sinless, and jewels amongst women.' This
passage (if genuine) does not, in the first place, enjoin
widows to offer themselves as sacrifices. Secondly, no
allusion whatever is made in it to voluntary death by a
widow wUh the corpse qf her husband. Thirdly, the
phrase " these women" in the passage, literally implies
women then present. Fourthly. Some commentators
consider the passage as conveying an allegorical allu-

• In Sungskrit writings, water is represented as originating in
fire.

262 ABSTRACT OF ARGUMENTS

sion to the constellations of the moon's path, which are
invariably spoken of in Sungskrit in the feminine
gender:— butter impljring the milky path; collyrioni
meaning unoccupied space between one star and an-
other ; husbands signifying the more splendid of the
heavenly bodies; and entering the fire, or, properly
speaking, ascending it, Indicating the rise of the con-
stellations through the south-east horizon^ considered
as the abode of fire. Whatever may be the real purport
of this passage, no one ever ventured to give it an in-
terpretation as commanding widows to bum themselves
on the pile and with the corpse of their husbands.

We next direct attention to die Smrittee, as next
in authority to the Veds. Munoo, whose authority
supersedes that of other lawgivers, enjoins widows to
live a virtuous life, as already quoted. Yagnuvulkyu
and some others have adopted the same mode of exr
hortation. On the other hand, Unggira recommends
the practice of Concremation, saying : " That a woman
^ who, on the death of her husband, ascends the burning
" pile with him, is exalted to heaven as equal to Uroon-
" dhooti/' So Vyas says, " a pigeon devoted to her
<< husband, after his death, entered theflames^ and, as-
" cending to heaven, she there found her husband*"
" She who follows her husband to another world, shall
" dwell in a region of glory for so many years as there
" are hairs in the human body, or thirty-five millions."
Vishnoo, the saint, lays down this rule : ** After the
" death of her husband, a wife should live as an ascetic
" or ascend his pile.'* Hareet and others have foUowed
Unggira in recommending Concremation.

The abqve quoted passages from Unggira and others,

REGARDING BURNI^G OF WIDOWS. 363

recommend Concrematioo on the part of widows^ as
mews to obtain future carnal fruition; and, accord-
ingly^ previous to tbeir ascent on the pile, all widows
invariably and solemnly declare future fruition as their
pbject in Conoremation* But the Bhugvudgeeta, whose
authority is coi^idered the most sacred by Hindoos of
all persuasions, repeatedly condemns rites performed
for fruition. I here quote a few passages of that book.
^ All those ignorant persons who attach themselves to
" the words of the Shastrus that convey promises of
^^ fruition, consider those extravagant and alluring
^ passages, as leading to real happiness ; and say, be-*
^^ sides them there is no other reality. Agitated in
^^ tbeir minds by these desires, they believe the abodes
" of the celestial gods to be the chief object, and they
^^ devote themselves to those texts which treat of cere<-
^^ monies and their fruits, and entice by promises of
^^ enjoyment. Such people can have no real confidence
" in the Supreme Being." " Observers of rites, after
^^ the completion of their rewards, return to earth*
" Therefore they, for the sake of rewards, repeatedly
^* ascend to heaven and return to the world, and cannot
" obtain eternal bliss.**

Munoo repeats the same : " Whatever act is per-
^^ formed for the sake of gratification in this world or
" the next, is called Pruvurtuk, as leading to the tem-
^^ porary enjojmient of the mansions of gods ; and those
^^ which are performed according to the knowledge
** respecting God are called Nivurtuk, as means to pro-
" cure release from the five elements of this body ; that
" is, they obtain eternal bliss."

The author of the Mitakshura, a work which is con-

264 ABSTRACT OF ARCUMirNTS

mation among the rites holding out promises of frui-
tion ; and this author thus inculcates : ^^ Learned meti
^ should not endeavour to persuade the ignorant to
" perform rites holding out promises of fruition/
Hence Concremation, in their opinion, is the least
virtuous act that a widow can perform.*

• Hindoos are persuaded to believe that Vyas, considered as an
inspired writer among the ancients, composed and left behind him
numerous and voluminous works under different titles, as Muha
Poorans, Itihashes, Sunghitas, Smriti, &c. &c., to an extent that
no man, during the ordinary course of life, could prepare. These^
however, with a few exceptions, exist merely in. name, and those
that are genuine bear the commentaries of celebrated authors.
So the Tuntrus, or works ascribed to Shivu as their author, are
esteemed as consisting of innumerable millions of volumes, though
only a very few, comparatively, are to be found. Debased cha-
racters among this unhappy people, taking advantage of this cir-
cumstance, have secretly composed forged works and passages,
and published them as if they were genuine, with the view of in-
troducing new doctrines, new rites, or new prescripts of secular
law. Although they have frequently succeeded by these means in
working on the minds of the ignorant, yet the learned have never
admitted the authority of any passage or work alleged to be sacred,

unless

REGARDING BURNING OF WIDOWS. 265

The third and the last point to be ascertained is,
whether or not the mode of Concremation prescribed
by Hareet and others was ever duly observed ? The
passages recommending Concremation, as quoted by
these expounders of law, require that a widow, resolv-
ing to die after the demise of her husband, should
vohmtarily ascend* and enter iheflames^ to destroy her
exigence; allowing her, at the same time, an oppor-
tunity of retracting her resolution, should her courage
&il from the alarming sight or effect of the flames, and
of returning to her relatives, performing a penance for
abandoning the sacrifice, or bestowing the value of a
cow on a Brahmun. Hence, as voluntarily ascending
upon and entering into the flames, are described as in-
dispensably necessary for a widow in the performance
of this rite, the violation of one of these provisions

unless it has been quoted or expounded by one of the acknow-
ledged and authoritative commentators. It is now unhappily
reported, that some advocates for the destruction of widows, find-
ing their cause unsupported by the passages cited by the author of
the Mitakshura, by the Smarttu Rughoonundun, or by other ex-
pounders of Hindoo law, have disgracefully adopted the trick of
coining passages in the name of the Poorans or Tuntrus ; con-
veying doctrines not only directly opposed to the decisive expo-
sitions of these celebrated teachers of law, but also evidently at
variance with the purport of the genuine sacred passages which
they have quoted. The passages thus forged are said to be cal-
culttted to give a preference to Concremation over virtuous life.
I regret to understand that some persons belonging to the party
opposing this practice, are reported to have had recourse to the
same unworthy artifice, under the erroneous plea that stratagem
justifies stratagem.

• Unggira. f Vyas.

266 ABSTRACT OF ARGUMENTS, &C.

renders the act mere suicide^ and implicates, in tlie guilt
of female murder^ those that assist in its perpetration^
even according to the above quoted authoritiest which
are themselves of an inferior order. But no one will
venture to assert, that the provisions, prescribed in the
passages adduced, have ever been observed; that is, no
widow ever voluntarily ciscended on and entered into the
fiamea in the fulfilment of this rite. The advocates for
Concremation have been consequently driven to the
necessity of taking refuge in VAogey as justifying both
suicide and female murder, the most heinous of crimes.
We should not omit the present oppprtunity of
offering up thanks to Heaven, whose protecting arm
has rescued our weaker sex from cruel murder, under
the cloak of religion ; and our character, as a people,
from the contempt and pity with which it has been re-
garded, on account of this custom, by all civilized
nations on the surface of the globe.

BRIEF REMARKS

REGARDING

MODERN ENCROACHMENTS

ON THE

ANCIENT RIGHTS OF FEMALES,

ACCORDING to

THE HINDOO LAW OF INHERITANCE.

CALCUTTA ;
1822.

BRIEF REMARKS,

Ac. &c. &c.

With a view to enable the public to form an idea of
the state of civilization throughout the greater part of
the empire of Hindoostan in ancient days,* and of

• At an early stage of civilization, when the division into casts
was first introduced among the inhabitants of India, the second
tribe, who were appointed to defend and rule the country, having
adopted arbitrary and despotic practices, the others revolted
against them ; and under the personal command of the celebrated
Purusooram, defeated the royalists in several battles, and put
cruelly to death almost all the males of that tribe. It was at last
resolved that the legislative authority should be confined to the
first class who could have no share in the actual government of the
state, or in managing the revenue of the country under any pre-
tence ; while the second tribe should exercise the executive autho-
rity. The consequence was, that India enjoyed peace and har-
mony for a great many centuries. The Brahmuns having no
expectation of holding an office, or of partaking of any kind of
political promotion, devoted their time to scientific pursuits and
religious austerity, and lived in poverty. Freely associating with
all the other tribes, they were thus able to know their sentiments
and to appreciate the justness of their complaints, and thereby to
lay down such rules as were required, which often induced them
to rectify the abuses that were practised by the second tribe. But
after the expiration of more than two thousand years, an absolute
form of government came gradually again to prevail. The first

class

270 BRISF Rl^MARKS REGARDING

the subsequent gradual degradation introduced into its
social and political constitution by arbitrary authori-
ties, I am induced to give as an instance the interest
and care which our ancient legislators took in the pro-
motion of the comfort of the female part of the commu-
nity, and to compare the laws of female inheritance
which they enacted, and which afforded that sex the
opportunity of enjoyment of life, with that which
moderns and our cotemporaries have gradually in-
troduced and established, to their complete privation,
directly or indirectly, of most of those objects that ren-
der life agreeable^

All the ancient lawgivers unanimously award to a
mother an equal share with her son in the property left
by her deceased husband, in order that she may spend

clft98 hAviag been induced to accept employments in political
departments, became entirely dependent on the second tribe, and
so unimportant in themselves, that they were obliged to explam
away the laws enacted by their forefathers, and to institute new
rules according to the dictates of their cotemporary princes. They
were considered as merely nominal legislators, and the whole
power, whether legislative or executive, was in feet exercised by
the Rajpoots. This tribe exercised tyranny and oppression for a
period of about a thousand years, when Moosuhnans from Gbanne
and Ghore, invaded the country, and finding it divided among
hundreds of petty princes, detested by their respective subj^cliy
conquered them all successively, and introduced their own tyran-
nical system of government, destroying temples, universities, and
all oliier sacred and literary establishments. At present the whole
empire (with the exception of a few provinces) has been placed
under the British power ; and Bome advantages have already been
derived from the prudent management of its rules, from whose
general character a hope of future quiet and hi^piness is justly
entertained. The succeeding generation will however be more
adequate to pronounce on the real advantages of this government.

THE ANCIENT RITES OF FEMALES. 2T1

her remaining days independently of her children ; as
is evident from the following passages:

Yagnumd Kyu. '* After the death of a father, let a
" mother also inherit an equal share with her sons in
" the division of the property left by their father.^

Katyayunu. " The father being dead, the mother
" should inherit an equal share witfi the son."

Narudu. ^^ After the death of a husband, a mother
" should receive a share equal to that of each of his
« sons/'

V^isnoo ike legisiaior. ^* Mothers should be re*
*' ceivers of shares according to the portion allowed to
« the sotts."

FrikH^ptOi. " After his (the father's) death, a mo-
" tber, the parent of his sons, should be entitled to an
^^ equal share with his sons; their stepmothers also to
^^ equal ^lares; but daughters to a fourtbpart of the
" Afaares of the sons."

Fyiasu. " The wives of a father by whom he has no
*^ male issue, are considered as entitled to equal shares
^^ with his sons, and all the grand^motbers {including the
^^ mothers and step^mothers qf the father)^ are said to be
^^entitlddas mothers/'

This Mooni seems to have made this express decla-
ration of the rights of step-mothers, omitting those of
mothers, under the idea that the latter were already
sufficiently established by the direct authority of pre-
ceding lawgivers.
? We come to the moderns.

The ttmbor of the Dayubhagu and the writer of the
Dayututwu, the modem expounders of Hindu law

2T2 BRIEF REMARKS REGAROING

( wbose opinions are considered by the natives of flmg al
as standard authority ii;i the divinon of property among
heirs) have thus limited the rights allowed to wHams
by the above ancient l^islatsors. When a peno^is
willing to divide his property amoi^ bis heirs during
his life-time, he should entitle only those wives by
whom he has no issue to an equal share with his sons ;
but if be omit sudi a division, thoae wives can have no
claim to the property he leaves. These two moderti
expounders lay stress upon a passage of Yagnuvulkyu,
which requires a fether to allot equal shares to his
wives, in case he divide his property during his life ;
whereby they connect the term " of a father," in the
above quoted passage of Vyas, viz.^ "the wives of a
" father, &c." with* the term " division" understood ;
that is, the wives by whom he has no son, are con-
sidered in the division made by a father, as entitled to
equal shares with bis sons ; and that when sons may
divide property among themselves after the demise of
their father, they should give an equal share to their
mother only, neglecting step-mothers in the division.
Here the expounders did not take into their ccmsidera-
tion any proper provision for step-mothers, who have
naturally less hope of support from their step-sons than
mothers can expect from their own children*

In the opinion of these expounders, even a mother of
a single son should not be entitled to any share. The
whole property should, in that case, devolve on the
son ; and in case that son should die after his succes-
sion to the property, his son or wife should inherit it.
The mother in that case, should be left totally depen*

THE ANCIENT RfOHTS OF FEMALES. 373

i4m ber sort or an iter son's wifei Besides,* uoord^
iHi; to thft opinion of these expoanders, if more thsEii
CKfeft)n shoiijd survive, th«y cftn deprive tiieir molber
of iidf ' tttk,^ hj coatinntng to iive as a joint famly (whidi
fans been often the case), as the right of a mother
defMfRdsi^ as ikey sajr^ on division, whioh depcsids dn the
vfll 0f the sona

iteme of oor cotemporavies (whose opinion ie received
a* a veniiet by Judicial Courts) have atill further ve^
dae^d the right of a mother to almost nothing ; dedbur-
ingy as I understand, that if a person die leaving a
widow and a son or sons, and also one or move graad-
sons, whose father is not alive, the property so left is to-
be divided among his sons and bis grandsons; his
imlow in this case being entitled to no sh^e in the
pibperty; though she might ba^re claimed an equal
sharC) had a division taken place among those sarvi^ing
sMis and the fatlier of the grandson while he wasabve^^
They are said to have &EtKided their opim<Hi on the
dbove passage, entitliftig a widow te a sbare when pro-
perty is to be divided among mms.

In short,, a widow,, according to the expositions of the
law, can receive nothing when her husband has no
issne by her ; and in a case he dies leaving only one
son by his wife, or having had more sons, oise of whom
haippened to die leaving issue, she shall, in these cases,

• This exposition has been (I am told) set aside by the Supreme
Court, in consequence of the judges having prudently applied for
the opinions of other Ptmdits, which turned out to be at variance
witlt thoae of ike majority of the i«galar advbers of ^e court in
po^it» of Hiadoo law.

T

274 BRIEF REMilUKS EtEaARDING

ako have no claim to the property; and again, should '
any one leave more than one surviving son, and they,
being unwilling to allow a share to the widow, ke^ '
the property undivided, the mother can claim nothing
in this instance also. Bat when a person dies leavii^
two or more sons, and all of them survive and be in-
clined to allot a share to their mother, her right is in
this case only valid. Under these expositions, and with
such limitations, both step-mothers and mothers have,
in reality, been left destitute in the division of their
husband's property, and the right of a widow exists in
theory only among the learned, but unknown to the
populace.

The ccHKequence is, that a woman who is looked up
to as the sole mistress by the rest of a family one day,
on the next becomes dependent on her sons, and sal>-
ject to the slights of her daughters-in-law. She is not
authorized to expend the most triiSing sum, or dispose
of an article of the least value, without the consent of
her son or daughter-in-law, who were all subject to her
authority but the day before. Cruel sons often wound
the feelings of their dependent mothers, deciding in
favour of their own wives, when family disputes take
•place between their mothers and wives. Step-mothers,
who often are numerous on account of polygamy being
allowed in these countries, are still more shamefully
neglected, in general, by their step-sons, and sometimes
dreadfully treated by their sisters-in-law who have for-
tunately a son or sons by their husband.

It is not from religious prejudices and early impres-
sions only, that Hindoo widows bum themselves on the

THE ANCIENT RIGHTS OF FEMALES. 2T5

plies of tfa^ir deceased husbands, but also from their
witnessing the distress in which widows of the same
rank in life are involved, and the insults and slights to
which they are daily subjected, that they become in a
great measure regardless of existence after the death of
their husbands: and this indifference, accompanied
with the hope of future reward held out to them, leads
them to the horrible act of suicide. These restraints
on female inheritance encourage, in a great degree,
polygamy, a frequent source of the greatest misery in
native families ; a grand object of Hindoos being to
secure a provision for their male ofl&pring, the law,
which relieves them from the necessity of giving an
equal portion to their wives, removes a principal re-
straint on the indulgence of their inclinations in respect
to the number they marry. Some of them, especially
Brahmuns of higher birth, marry ten, twenty, or thirty
women, ^ either for some small consideration, or merely
to gratify their brutal inclinations, leaving a great many
of them, both during their life-time and after death, to
the mercy of their own paternal relations. The evil
consequences arising from such polygamy, the public
may easily guess, from the nature of the fact itself,
without my being reduced to the mortification of parti-
cularizing those which are known by the native public
to be of daily occurrence.

• The hoiTor of this practice is so painful to the natural feel-
ings of man, that even Madhuv Singh, the late Rajah of Tirhoot
(though a Brahmun himself), through compassion took upon him-
self (I am told) within the last half century, to limit Brahmuns of
his estate to four wives only.

^6 B&IBF REMARKS It9<MPQl^G

. To tlmm ivpmeii there ptr^lefl ^Ij tbreip modei of
conduct to pnmuf) after the de^th ^ their hmh^imdM.
1st* To live a mi^rabk life sss entire slayes to otbers,
witbQUt indulging any hope ol* support from anol^r
hu^ii^nd. Sdly. To walk in the paths of unri^teo^
pess for their maintenance and indep^ideooe. Sdljr.
To die on the funeral pile of their husbands, loaded
with the applause and hpnonr of their ne^hbonrs. !(
cannot pass unnoticed l^ those wlH>^aFe acquainted
ivith die state of society in India» that the number of
female suicides in the single province of Bengal, wfa^
pompared with those of any other British province^ is
^inost ten to one : we may safely attribute this dtspn^
portion chiefly to the greater frequency of aphirallQir of
wives among the natives of Bengal, and tp their total n^
lect in providing for the maintenance of their females.
This horrible polygamy among Brahmuns is directly
contrary to the law given by ancioit author$; for Yag^
]^uvulkyu authorizes second marriages, while the first
wife is alive, only under eight oircumst^aces :^ 1st The
vice of drinking spirituous liquors. 9dly. Incurable
sickness, 3dly^ Deception. Athly. Barrenness. Sthlyt
]p4Xtniv£|gance« 6thly« The frequent use of olfensive
l^ngu^e, 7thly. Produciqg only female ^sping*
QVf Sthly. Manifestation pf hatred towards her hus-
band. Munoo, chap. 9, v. 80. ^^ A wife who drin)^
^^ any spirituous liquors, who acts immorally, who
^^ shows hatred to her lord^ who is incurably diseased^
" who is miscbievouS) who wastes his property, may at
^^ all times be superseded by another wife." 81st. ^^ A
'^ barren wife may be superseded by another in the

THS ANCISSIT RfflMrrS Uf YBMALES. ffT7

** ^gbib year; $htf whose cMldnni are sU deftd, in the
** #emh ; shei who brings fertii om^ d^uj^bters, in thfe
^^eff&mh; At9 who ig acovstomed to spe^k unkindly,
<< without delay/' 82d. " But she, who, though afflicted
-^^ mA Hinesfl, is beloved and rirtiiou^ must never be
^ disgraced, though ^e mi^ be superseded by another
** wife with her own consent''

Had A nmgktrate or other puUie officer been autho-
rii^ by the rulers of Ae empire to receive apfdica-
iiom for his sanction Co a second marriage during the
life of a first wife, and to grant his consent, only on
sudi accusations as ihe foregoing being substantiated,
the above law might have been rendered effectual, and
the distress of the female sex in Bengal, and the num-
ber of suicides, would have been necessarily very much
reduced.

According to the following ancient authorities, a
cbiighter is entitled to one^fourdi part of the portion
which a son ean inherit.

VrAuspuH. — ^^ The daughters should have the fourth
'^ part of the portion to takich the sons are entitled.^'

FisAnoo.^^^ The rights of unmarried daughters shall
^^ be proportioned according to the shares allotted to
^^ the sons"

Mtmoa^ eh. ix. ver. 118.<^^^^ To the unmarried daugh-
^ tevs let their brothers give portimis out of their own
^ allotments resftectively. Let each give a fourth part
^< <^ bis own distinct share, and they who feel didn-
< clined to give this shall be condemned."

Yagrmvuiktfu.'^^^ Let such brothers as are already
^^ purified by the essentia) rites of life, purify, by die

278 BRIEF REMABK8 REGARDING

^* performanoe of those rites the brothers that are hSb
<^ by their laie /atker unpurified ; let them also purify
<< the sisters by giving them a fourth part of their own
" portion."

Kaiyapunu. — *' A fourth part is declared to be the
^^ share of unmarried daughters, and three-fourths of
" the sons ; if the fourth part of the property is w small
'^ as to be inadequate to defray the expenses attending theft
^^ marriage^ the sons ha/oe an exclusive right to the pro^
^^ pertyy but shall defray the marriage ceremony of the
" sisters!^ But the comment^itor on the Dayubhi^u
sets aside the right of the daughters, declaring that
they are not entitled to any share in the property left
by their fathers, but that the expenses attending their
marri^e should be decayed by the brothers. He
founds his opinion on the foregoing passage of Munoo,
and that of Yagnuvulkyu, which, as he thinks, imply
mere donation on the part of the brothers from their
own portions, for the discharge of the expenses of
marriage.

In the practice of our cotemporaries, a daughter or
a sister is often a source of emolument to the Brah-
muns of less respectable cast (who are most numerous
in Bengal), and to the Kayusths of high cast: these,
so for from spending money on the marriage oS their^
daughters or sisters, receive frequently considerable
sums, and generally bestow them in marriage on those
who can pay most.^ Such Brahmuns and Kayusths^ |

• Rajah Krissenchundru, the g^eat-grandfather of the present
  ex-rajah of Nudia, prevented this cruel practice of the sale ef
  daughters and sisters throughout his estate.

THE ANCIENT RIGHTS OT FEMALES. 279

r^et to say, frequently marry their female relations
to men having natural defects, or worn out by old age
or disease, merely from pecuniary considerations;
whereby they either bring widowhood upon them soon
after marriage, or render thfeir lives miserable. They
not only d^rade themselves by such cruel and unmanly
conduct, but violate entirely express authorities of
Munoo and all other ancient lawgivers ; a few of which
I here quote.

Munoo, ch. 3d, v. 51. " Let no father, who knows
" the law, receive a gratuity, however small, for giving
" his daughter in marriage ; since the man who,
" through avarice, takes a gratuity,^ that purpose^ is a
** seller of his offspring/*

Ch. Qth, V. 98. " But even a man of the servile
" class ought not to receive a gratuity when he gives
** his daughter in marriage; since a father who takes a
** fee (m that occ(Zsi(m^ tacitly sells his daughter.*'

V. 100. " Nor, even in former births, have we heard
** the virtuous approve the tacit sale of a daughter for a
" price, under the name of nuptial gratuity."

Kashpupu. "Those who, infatuated by avarice,
** give their own daughters in marriage for the sake
" of a gratuity, are the sellers of their daughters,
<< the images of sin, and the perpetrators of a heinous
«< iniquity."

Both common sense and the law of the land,
designate such a practice as an actual sale of females ;
and the humane and liberal among Hindoos lament
its existence, as well as the annihilation of female
rights in respect of inheritance introduced by modem

SM filtllSf RSMAintS RCGARDtKG

enpomtdet^, They, however, trust that the bw-
mame ftttention of Govemmetit will be directed to
diose evils which are chief sources of vice and maeryy
and even of suicide among women ; and to this tbejr
arc encouraged to look forward by what has already
been done in modifying, in criminal cases, some parts
of the law enacted by Mohnmrnudan legislators, to
Ae happy prevention of many cruel practices formerly
established.

How distressing it must be to the female community,
and to those who interest themselves in thehr behalf, to
observe daily that several daughters in a rich family
can fT^hf no daim to any portion of the property,
whether real or personal, left by their deceased father,
if a single brother be alive ; while they (if belonging
ta a Kooleen family or Brahmun of higher rank) are
exposed to be given in marriage to individuals who
have already several wives and have no means of main^
taimng them.

Sbpuld a widow or a daughter wish to secure her
right of maintenance, however limited, by having
reoonrse to law,- the learned Brahmuns, whether hold-
ing public sitttaitions in the courts or not, generi^y
divide into two parties, one advocating the cause of
those females, and the other that of their adversaries.
Sometimes, in these or other matters respecting the
law,' if the object contended for be important,, the whole
community seems to be agitated by the exerticms of
the parties and of their respective friends, in claiming
the- v^rdkt ^ the law against each other. In general,^
howevev, a coosideratioa of difficulties attending a law-

THE ANCIENT RIGHTS OF FJfcMALES. 281

suit, which a native woman, particularly a widow, is
hardly capable of surmounting, induces her to forego
her right; and if she continue virtuous, she is obliged
to live in a miserable state of dependence, destitute of
all the comforts of life ; it too often happens, however,
that she is driven by constant unhappiness to seek
refuge in vice.

At the time of the decennial settlement in the year
1793, there were, among European gentlemen, so Very
few acquainted with Sungscrit and Hindoo law, that it
would have been hardly possible to have formed a
committee of European oriental scholars and learned
Brahmuns, capable of deciding on points of Hindoo
law. It was, therefore, highly judicious in Government,
to appoint Pundits in the different Zillah Courts and
Courts of Appeal, to facilitate the proceedings of
Judges in regard to such subjects : but as we can now
fortunately find many European gentlemen, capable of
investigating legal questions, with but little assistance
from learned natives, how happy would it be for the
Hindoo community, both male and female, were they
to enjoy the benefits of the opinion of such gentlemen,
when disputes arise, particularly on matters of inhe-
ritance.

Lest any one should infer from what I have stated,
that I mean to impeach, universally, the character of
the great body of learned Hindoos, I declare, posi-
tively, that this is far from my intention: I only main-
tain, that the native community place greater confi-
dence in the honest judgment of the generality of
European gentlemen, than in that of their own coun-

BRIEF . REMARKS, &a

trymen. But, should the natives receive the same ad-
vantages of education that Europeans generally enjoy,
and be brought up in the same notions of honour, they
will I trust be found, equally with Europeans, worthy
of the confidence of their countrymen, and the respect
of all men.

THE END.