Matrimonial Penal Code

Translation of An article written by Bankimchnadra Chattoapdhyay in the Bengali monthly 'Bangadarshan'. This was written jokingly in 19th century social environment....

Matrimonial Penal Code

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 9^th rule says that even Husbands cannot be held responsible for an offence if his wife provokes him to commit that. Moreover, the 10^th rule says Husbands are not permitted to seek exemption from punishment in any case outside the area of 8^th and 9^th 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 14^th 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 16^th, 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 18^th 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.