Indian Antiquary Vol 40

Author(s): Richard Carnac Temple, Devadatta Ramkrishna Bhandarkar
Publisher: Swati Publications

Page 206

192
THE INDIAN ANTIQUARY
(JULY, 1911.
in the Mahabharata of Great Battle, were born in this way. The idea was to have a son (putra) to offer libations to the dead husband to save him from the terrible hell (put.) Hence, (1) Niyoga was allowed only to a childless widow; (2) not more than one son was allowed; and (3) the son belonged not to his real father but to the dead husband of his mother. No trace of this custom in its entirety is found anywhere in India now. Bat among the Zamindars of Almora district (who are chiefly of Khasia origin), a widow generally becomes the wife of her dead busband's younger brother, and this oven though amongst those Rajpats ordinary widow-marriage is not allowed. But brother's taking to wife his elder brother's wife is looked upon as a matter of course, and the children of the union are treated as legitimate. And this is a younger brother's special right; for, if the widow goes to live with some other man (as concubine, for remarriage is not permitted), the younger brother can demand payment of the bride-price from the new husband. This custom, however, cannot have been derived from Niyoga, for there is no idea of raising children to the deal husband--the children of the union belong to the begetter, and, therefore, even widows having sons can become the wives of their dead husband's brothers. Nor is union with a stranger permitted as in Niyoga. The custom is far more probably a survival of polyandry, at least in the hills, for the widow does not marry the brother-there is no ceremony-but she simply begins to live with him as his wife. And even during the lifetime of her husband, a woman's liaison with her husband's younger brother is not visited with the same panishment as with a third person.
The Doms and the Bhotiyas have somewhat similar customs. In Bians and Darma, where people have free choice in selecting their husbands or wives, a widow cannot marry anybody other than her husband's brother, unless that brother or the members of the family relinquish their right-almost a lien over her. This they signify by formally giving her a piece of cloth. Then, but not otherwise, the widow is free to marry anybody else she likes.
Marriage by Capture.
In the Eastern Bhot of the Almora District (Parganas Darma, Chaudas and Bians) a modified form of marriage by captare prevails to this day. As said above, these Bhotiyas allow their young men and women to choose their own mates. For this purpose they have in every small village public meeting places (called Rangbang) where young people of either sex meet each other and have opportanities of getting to know each other before choosing their life-partners. Here they sing and dance and feast together almost every night, and a young man who can sing well need not fear rejection. But a disappointed lover does not go and nurse his grief in silence. Having taken some sweets and cooked meat with them, he and his friends lay in wait for the lady, catch her by force, and the lover puts the meat and the sweets in her mouth. No sooner the meat touches her tongue than she becomes his lawful wedded wife." They then let her go. But no one else can after that marry her, unless the man releases her from the bond by formally giving her A piece of cloth. Often the woman yields after that and goes to live as the captor's wife. Sometimes she declines. Then the captor may or may not release her. I have known several virgin women of this kind who refused to live with their captors, and, who, not having been released, cannot marry any one else now and live a miserable life of forced virginity. In one or two cases I was told the British Law Courts interfered, panished the man and ordered him to let the woman go." But alas !" say the men," the magistrate did not order him to give her a piece of cloth as well, for not until then can she be free to marry again." Another variety of marriage by captare exists among the Bhotiyas (According to K. Khadga Singh Pal). A lover tells his sisters who the lady of his choice is. They track her in the fields, on the wild pastures, or on the mountain side geize her and bring her to their brother's home by force !