The following are extracts from the pamphlet:—

Par. 1. “Now that the Age of Consent Act has been passed by his

Excellency the Viceroy, in Council, and as there is every likelihood

of its provisions not being sufficiently well understood by the

Mahomedan community in general, and by the ignorant Mahomedans in

particular, owing to the use of technical legal phraseology in the

drafting of the Act, it seems to the Committee of Management of the

Mahomedan Literary Society of Calcutta, to be highly desirable that

the object and intention of the Government in passing this Act, as

well as its scope and the manner in which it is to be administered by

the Criminal Authorities, should be laid down on paper in the clearest

and easiest language possible, for the information and instruction of

the Mahomedan population, and particularly of such of them as are not

conversant with legal technicalities.”

Par. 2. “The Committee are of opinion that such a course will be

highly beneficial to members of their community, inasmuch as it will

show to them distinctly what action on the part of a Mahomedan husband

towards his young wife has been made, by the recent legislation, a

heinous criminal offence of no less enormity than the offence of

_rape_, and punishable with the same heavy punishment.”

Par. 3. “It is hoped that they will thereby be put on their guard

against committing, or allowing the commission of an act which _they

have hitherto been accustomed to think lawful and innocent_, but which

has now been made into a heinous offence....”

Par. 9. “... There has already been a provision in the Indian Penal

Code, passed more than thirty years ago, that a man having sexual

intercourse with his own wife, with or without her consent, she _being

under the age of ten years_, shall be considered guilty of the offence

of _rape_, and shall be liable to transportation for life, or to

rigorous or simple imprisonment for ten years.”

Par. 10. “From this it follows that, under the Penal Code a man having

sexual intercourse with his own wife, with or without her consent, if

she is _above ten_ years of age, shall not be considered to have

committed the offence of _rape_. But the Act that has just been

passed, in amendment of the above provision in the Penal Code,

_raises_ the age of consent from _ten_ to _twelve_ years, and provides

that a man having sexual intercourse with his own wife, even with her

consent, shall be considered to be guilty of the offence of rape, if

the wife be of any age under _twelve completed years_. This is all the

change that has been made in the law.”

Par. 11. “It having been ascertained, from various sources, that in

some parts of the country husbands cohabit with their wives before

they have attained to the age of _twelve_ years, and even before they

have arrived at _puberty_, the result of such intercourse being in

many cases to cause injury to the health, and even danger to the life

of the girls, and to generate internal maladies which make them

miserable throughout their lives, and such a state of things having

come to the notice of Government, they have considered it their duty

to put a stop to it, and this is the object of the present

legislation.”

Par. 12. “The law does not interfere with the age at which a girl may

be married, but simply prohibits sexual intercourse with her by her

husband before she is _twelve_ years of age.”

Par. 13. “It is therefore _incumbent_ upon all husbands and their

guardians (if they are very young and inexperienced lads) to be very

careful that sexual intercourse does not take place until the

girl-wife has _passed_ the age of _twelve_ years. It will also be the

duty of the guardians of the girl-wife not to allow her husband to

cohabit with her until she has attained that age.”

Par. 17. “... The Mahomedan law (_i.e._, religious law) distinctly

sanctions consummation of marriage _only_ when the wife has reached

puberty, and has besides attained such physical development as renders

her fit for sexual intercourse, and it is _not imperative_ upon a

Mahomedan husband to consummate marriage with his wife when she is

_under_ the age of _twelve_ years. Even in those rare cases in which

the wife attains to puberty and the necessary physical development

before the age of _twelve_, a Mahomedan husband _may_, without

infringing any canon of the Mahommedan Ecclesiastical Law, _abstain_

from consummating his marriage with her _until_ she attains that age.

Par. 18. “The above will clearly show that the Act recently passed by

the Legislature does not, in any way, interfere with the Mahomedan

religion, and _no_ Mahomedan husband will be considered to have

committed a sin if he abstains from consummating marriage with his

wife _before_ she is _twelve_ years of age.”

(The pamphlet is published, as aforesaid, by the Mahomedan Literary

Society of Calcutta, of which the patron is the Hon. Sir Charles A.

Elliott, K.C.S.I., C.I.E., and the president Prince Mirza Jahan Kadar

Bahadur (of the Oudh family), and is signed by the secretary, Nawab

Abdool Luteef Bahadur, C.I.E.; Calcutta, 16 Taltollah, 22nd June, 1891.)

The italics, as above, exist in the original (with the exception of

those in Par. 3), and serve, singularly enough, to point for us a moral

very much deeper than that intended. It is a happy fact that British

feeling, supported by the growing sentiment of the more intelligent and

educated of the native population, has effected even so slight an

amelioration of law and custom, and we may hope for and press forward to

further improvement. Though the utterance quoted above is only that of

the Mahomedan section, it is, of course, understood that the law does

not apply or point to them alone, but to all the peoples and sects of

India; and that the approval of this legislation is also general among

the enlightened of those other creeds. (See end of Note XVII., 8.)

Singular confirmatory evidence as to the distressing prevalence of this

child-marriage is incidentally given in the following paragraph from the

_Times_ of 31st March, 1892:—

“A correspondent of the _Times of India_ mentions some odd instances

of minor difficulties which have occurred in the working of the

amended Factory Act, which came into force in India at the

commencement of the present year. The limit of age for ‘full-timers’

in factories is fixed at fourteen years, and as very few native

operatives know their children’s ages, or even their own, the medical

officer has, in passing lads and girls for work, to judge the age as

best he can—generally, as in the case of horses, by examining their

teeth. If he concludes that they are under fourteen, he reduces them

to ‘half-timers.’ In one Bombay mill recently a number of girls were

thus sent back as under age who were actually mothers, and several

boys who were fathers were also reduced; and one of the latter was the

father, it is said, of three children. The case of these lads is

particularly hard, for, with a wife and child, or perhaps children, to

support, life, on the pay of a ‘half-timer,’ must be a terrible

struggle.”

Lest it should be objected that such abuses—with their consequences—as

have been instanced in India, are peculiar to that country or

civilisation, and that their discussion has therefore no bearing on our

practices in England, and the physical consequences ensuant here, it

will be salutary to recall what has been our own national conduct in

this matter of enforcement of immature physical relations on girl

children or “wives” within times of by no means distant date. Blackstone

tells in his “Commentaries,” Book II., Chap. VIII., that “The wife must

be above nine years old at her husband’s death, otherwise she shall not

be endowed, though in Bracton’s time the age was indefinite, and dower

was then only due ‘si uxor possit dotem promereri, _et virum

sustinere_.’” Whereupon Ed. Christian makes the following note, worthy

of the most careful meditation:—“Lord Coke informs us that ‘if the wife

be past the age of nine years at the time of her husband’s death, she

shall be endowed, of what age soever her husband be, albeit he were but

_four_ years old. Quia junior non potest dotem promereri, _et virum

sustinere_.’ (Coke on Litt., 33.) This we are told by that grave and

reverend judge without any remark of surprise or reprobation. But it

confirms the observation of Montesquieu in the ‘Spirit of Laws,’ Book

XXVI., Chap. III. ‘There has been,’ says he, ‘much talk of a law in

England which permitted girls seven years old to choose a husband. This

law was shocking two ways; it had no regard to the time when Nature

gives maturity to the understanding, nor to the time when she gives

maturity to the body.’ It is abundantly clear, both from our law and

history, that formerly such early marriages were contracted as in the

present times are neither attempted nor thought of.

“This was probably owing to the right which the lord possessed of

putting up to sale the marriage of his infant tenant. He no doubt took

the first opportunity of prostituting (_i.e._, selling in marriage) the

infant to his own interest, without any regard to age or inclinations.

And thus what was so frequently practised and permitted by the law would

cease even in other instances to be considered with abhorrence. _If the

marriage of a female was delayed till she was sixteen, this benefit was

entirely lost to the lord her guardian._

“Even the 18 Eliz., cap. 7, which makes it a capital crime to abuse a

consenting female child under the age of ten years, seems to leave an

exception for these marriages by declaring only the _carnal and

unlawful_ knowledge of such woman-child to be a felony. Hence the

abolition of the feudal wardships and marriage at the Restoration may

perhaps have contributed not less to the improvement of the morals than

of the liberty of the people.”—(Blackstone’s Comm., Christian’s Edition,

1830, Vol. II., p. 131.)

6.—“... _manner_ ...”

“Manner,” or “custom” is the early Biblical definition for this habit

(_vide_ Gen. xviii. 11, and xxxi. 35). It may be noticed that the word

is not rendered or translated as “nature.” It is also called “sickness”

(Lev. xx. 18); and “pollution” (Ezek. xxii. 10). See also Note XXV. 8.

The authorised version of the Bible is here referred to. The euphemisms

attempted in the recent revised version as amendments of some of these

passages are equally consonant with the argument of this note.

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