Translation of An article written by Bankimchnadra Chattoapdhyay in the Bengali monthly 'Bangadarshan'. This was written jokingly in 19th century social environment....
We are women. Being innocent half of the family, we are
subject to too much of torture these days. Men have become adamant; do not obey
their wives these days. Women’s age-old-right to ownership of men is declining day by
day – none is ready to be ruled by the orders of his wife. Now we are determined to
found a Council for Jewels of the Women to be able to regulate all these
wrongdoings. If you are not fully aware of the activities of the council, we
will publish an advertisement with the details later. At present we announce,
that we have drafted a proposal from the part of this council in order to
protect our ownership. We have sent an application to Government of India
regarding this issue; and along with the application, we also sent a copy of
the domestic penal code that is drafted to rule the earning heads of the
families.
At
a time when there are laws being enacted to protect everyone’s right to
possession, why there is none to protect our ownership right? Hopefully our law
will come into force very soon; and that is reason I announce this in
Bangadarshan. Many of the educated men cannot understand laws very well in
Bengali. The main reason behind this is the poor quality of Bengali legal translations. The laws were first
drafted in English. As the translation is not good, the Bengali version also
varies in some places from the original. Hence, we are sending both the Bengali
and English versions to the editor. We hope that considering our request, the
editor of Bangadarshan will publish this legal document along with English
version forgetting his annoyance with English. Everyone will find that this law
has nothing new; only the Lex nor Scripta is published in written form.
Signature:
Srimati
Anritasundari Dasi (the Lady furnishing the Beauty of trickery – Chairperson of
the Council for the Jewels of Women)
THE MATRIMONIAL PENAL
CODE:
Chapter
I
Introduction
Whereas it is expedient to
provide a special Penal Code for the coercion of refractory husbands and others
who dispute the supreme authority of women, it is hereby enacted as follows:
1. This
Act shall be entitled the “Matrimonial Penal Code” and shall take effect on all
natives of India in the married state.
Significance of the
first chapter: The following rules are enacted to
help women rule their disobedient husbands and others.
Rule 1 – this law will be named “Matrimonial Penal
code” and this will be applicable to any married man in any State of India.
Chapter
II
Definitions
2. A
husband is a piece of moving and movable property at the absolute disposal of a
woman.
a) A
trunk or a work-box is not a husband as it is not moving, though a movable
piece of property.
b) Cattle
are not husbands, for though capable of locomotion, they cannot be at the
absolute disposal of any woman, as they often display a will of their own.
c) Men
in the married state, having no will of their own, are husbands.
3.
A wife is a woman having
the right of property in a husband.
Explanation:
The right of property
includes the right of flagellation.
4. “The
married state” is a state of penance into which men voluntarily enter for sins
committed in a previous life.
Explanation
of the second chapter:
Rule 2 says that the
living movable property under complete jurisdiction of a woman can be called a
Husband. a) Trunks and boxes cannot be called Husband while they do not walk on
their own, though they are called “movable property”. b) Even cattle cannot be
called Husband due to their little authority to work independently. Hence, they
cannot be absolute subordinate of women though they are living beings. c) Only
married men are not allowed to take any independent decision; that is why they
are defined as Husbands instead of the cattle.
As per Rule 3, the lady,
who enjoys full ownership of a man, is called the wife of the man. To explain,
the ownership of property gives the right to hit that property too.
And as per Rule 4 the
men’s expiation of a sin committed in previous birth is called marriage.
Chapter III
Of
punishments
5. The
punishments to which the offenders are liable under the provisions of this code
are:
FIRST, IMPRISONMENTS
-
Which may be either within
the four walls of a bed-room, or within the four walls of a house?
Imprisonment is of
two descriptions, namely –
1) Rigorous,
that is accompanied by hard words
2) Simple
Secondly, Transportation, that is, to another bedroom.
Thirdly, Matrimonial servitude.
Fourthly, Forfeiture of pocket-money
6.
“Capital punishment” under
this code means that the wife shall run away to her paternal roof, or to some
other friendly house, with the intension of not returning in a hurry.
7.
The following punishments
are also provided for minor offences:
FIRST, Contemptuous silence on the part of the wife.
SECONDLY, Frown
THIRDLY, Tears and lamentation
Fourthly, scolding and abuse
Third
chapter discusses punishments:
Rule 5 lists the
punishments applicable to the offenders. First option is imprisonment inside
the bedroom or intern. The Husband can be sentenced to imprisonment along with
rude words or without a word. Second option is to send the Husband to some
other bedroom and third option is to condemn the Husband to a life of servitude
under his wife. Fourth option of monetary punishment indicates that the Husband
may be barred from receiving his pocket-money.
Rule
6 explains “Life sentence” in the sense that the wife will have right to go to
paternal home of brothers place and may not return soon.
7th
rule says that the wife may punish minor offences of a Husband with silence,
frown, shedding tears or loud scolding.
Chapter IV
GENERAL
EXECETION
Nothing
is an offence which is done by a wife.
8. Nothing
is an offence which is done by a Husband in obedience to the commands of a
wife.
9. No
person in the married state shall be entitled to plead any other circumstances
as grounds of exemption from the provisions of the Matrimonial Penal Code.
Fourth
chapter discusses general exemptions:
8th rule says that wives
cannot be held responsible for any offence and 9th rule says that
even Husbands cannot be held responsible for an offence if his wife provokes
him to commit that. Moreover, the 10th rule says Husbands are not
permitted to seek exemption from punishment in any case outside the area of 8th
and 9th rule.
Chapter V
OF
AbATEMENT
10. A
person abates the doing of a matrimonial offence who:
First, instigates,
persuades, induces or encourages a Husband to commit that offence. Secondly,
joins him in the commission of that offence, or keeps him company during its
commission.
EXPLANATION:
A man not in the
married state or even a woman may be abettor.
ILLUSTRATIONS
a) A the Husband of
B, and C, an unmarried man, drink together. Drinking is a matrimonial offence;
C had abetted A.
b) A the mother of
B, the Husband of C, persuades B to
spend money in other ways than those which C approves. As spending money in
such ways is a matrimonial offence, A has abetted B.
12. When a man in
the married state abets another man in the marred state in a matrimonial offence,
the abettor is liable to the same punishment as the principal. Provided that he
can be so punished only by a competent court.
EXPLANATION:
A competent court means the wife having the right of
property in the offending Husband.
13. Abettors who
are female of male offenders not in the married state are liable to be punished
only with scolding, abuse, frowns, tears and lamentations.
Fifth chapter is on
the law regarding abatement
11th rule says that a person can be called abettor if
a) encourages or forces the Husband commit a matrimonial offence b) gets
involved in the same offence or accompanies him at the time of offence.
Unmarried man or even a woman can be called an abettor. Examples are:
Ram, the Husband of Kamini, and Jadu, an unmarried man
go for a drink together. Drinking alcohol is matrimonial offence. So Jadu is an
abettor.
Haramani is the mother of Ram and Ram is the Husband of
Kamini. Ram spent his money as advised by Haramani ignoring the way advised by
Kamini. Spending own money not being recommended by the wife is matrimonial
offence. And Haramani is an abettor here.
Rule 12 says that when a married man supports another
married man in matrimonial offences, then the supportive one would receive same
punishment along with the doer. But the sentence cannot be delivered by anyone
else but a suitable court. Suitable court is the wife who owns that abettor.
As per Rule 13, the unmarried male or female supporting
a matrimonial offence can be punished by scolding, crying, shredding tears etc.
Chapter VI
OF
OFFENCES AGAINST THE STATE
14. The “State”
shall in this Code means the married state only.
15. Whoever wages
war against his wife or attempts to wage such war or abets the waging of such
war shall be punished capitally, that is, by separation or by transportation to
another bedroom and shall forfeit all his pocket money.
16. Whoever induces
friends or gains over children to side with him or otherwise prepares to wage
war with the intention of waging war against the wife shall be punished by
transportation to another bedroom and shall also be liable to be punished with
scolding and with tears and lamentations.
17. Whoever shall
render allegiance to any woman other than his wife, shall be guilty of
incontinence.
EXPLANATION:
1. To show the slightest kindness to a young woman, who
is not the wife, is to render such young woman allegiance.
ILLUSTRATION:
A is the Husband of B, and C is a young woman. A likes
C’s baby, because he is a nice child and gives him buns to eat. A has rendered
allegiance to C.
EXPLANATION:
2. Wives shall be entitled to imagine offences under
this section, and no Husband shall be entitles to be acquitted on the ground
that he has not committed the offence.
The simple accusation shall always be held to be
conclusive proof of the offence.
EXPLANATION:
3. The right of imagining offences under this section
shall be held to belong in general to old wives, and to women with old and ugly
husbands, and a young wife shall not be entitled to assume the right unless she
can prove that she has a particular cross temper or was brought up a spoilt
child or is herself supreme ugly.
18. Whoever is
guilty of incontinence shall be liable to all the punishments mentioned in the
code and to other punishments not mentioned in the code.
Sixth chapter is
discusses the offence with revolt against wife.
The translator was not able to translate the 14th
rule. But the Rule 15 tells that
person who fights against wife or
tries to fight against wife or instigates someone else to fight against wife, is
liable to death sentence (the wife would desert him or he would be sent to a
different bedroom or his pocket money would be confiscated).
Similarly according to 16th, if a man
quarrels with wife or even tries so, through a mediating friend or own children
or some other way, would be sent to separate bedroom and shall be punished with
scolding and tears.
Rule 17 says that having affection for a woman other
than wife is debauchery. To explain, firstly, showing kindness or support to
any other woman but own wife is debauchery. For example – Ram is the Husband of
Kamini. Bama is another young lady having a baby. Ram shows affection to the
lovely baby and gives him sweets. That means Ram is obsessed with Bama.
Secondly, wives will have the right to consider their Husbands offender even
without any evidence. Husbands cannot be saved by their proclamation like – “I
did not do that.” The offence is proved by the wife’s accusation, “He has done
it!” Thirdly, the right to consider own Husbands to be offenders without
evidence is specially given to the old wives or wives of old and ugly Husbands.
If a young woman wants to exercise this right, then she has to prove herself to
be a spoilt child, ill-tempered or ugly looking.
And 18th
dictates that the libertines will be punished not only by all sections
mentioned here, but also by other improvised means.
Chapter VII
OF
OFFENCES RELATING TO THE ARMY AND NAVY
19. The army and navy shall in this Code mean the sons
and the daughters and daughters in law.
20. Whoever abets the committing of mutiny by a son or
a daughter or a daughter in law shall be liable to be punished by scolding and
tears and lamentations.
Seventh chapter
defines ‘army’ and ‘navy’ within the scope of matrimonial law.
Rule 20 explains that the Husband, who plans a revolt
taking help from his sons, daughters or daughters in law, should be punished by
tears.
Chapter VIII
OF
OFFENCES AGAINST THE DOMESTIC TRANQUILITY
21. An assembly of
two or more Husbands is designated an unlawful assembly if the common object of
such Husbands is:
FIRST, to drink as
defined below or to gamble or to commit any other matrimonial offence.
SECONDLY, to
overawe by show of authority their wives from the exercise of the lawful
authority of such wives.
THIRDLY, to resist
the execution of a wife’s order.
22. Whoever is a
member of an unlawful assembly shall be punished by imprisonment with hard
words and shall also be liable to contemptuous silence or to scolding
OF DRINKING WINE AND SPIRITS
23. Any liquid kept in a bottle and taken in a glass
vessel is wine and spirits.
24. Whoever has in
his possession wine or spirits as above defined is said to drink.
EXPLANATION
He is said to drink even though he never touches the
liquid himself.
25. Whoever is guilty of drinking shall be punished
with imprisonment of either description within the four walls of a bedroom
during the evening hours and shall also be liable to scolding.
OF RIOTING
26. Whoever shall speak in an ungentle voice to his
wife shall be guilty of domestic rioting.
27. Whoever is
guilty of domestic rioting shall be punished by contemptuous silence or by
scolding or by tears and lamentations.
Eighth
chapter is about disturbing the peace at home
As per Rule 21, two or more married men, if assemble
with any of the following intentions, can be considered as participants of
unlawful assembly: firstly, drinking alcohol or any other matrimonial offence.
Secondly, threatening wives by shouting at them with an intention to dissuade
them from taking legal action. Thirdly, having an intention of being an
obstacle on the way of executing the wife’s order.
Rule 22 determines that all participants of the
unlawful assembly will be imprisoned drawing strong rebukes and criticism.
According to Rule 23, any liquid in a bottle that looks
yellow in a glass vessel should be called alcohol.
Rule 24 defines that any man keeping such a kind of
bottle at home, is drunkard, even if he is not the owner of that bottle.
Rule 25 makes it mandatory for a drunkard to stay
within four walls of the bedroom after dusk and be scolded.
Rule 26 identifies a person who speaks harsh to his
wife as rioter. And according to Rule 27, rioters will be punished by scolding
and tears.