132 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Rigsts of widow in deceased husband’s property to cease on her re-marriage
- All rights and interests which any widow may have in her deceased husband’s property by way of maintenance, or by inheritance to her husband or to his lineal successors, or by virtue of any will or testamentary disposition conferring upon her, without express permission to re-marry, only a limited interest in such property, with no power of alienating the same, shall upon her re-marriage cease and determine as if she had then died; and the next heirs of her deceased husband, or other persons entitled to the property on her death, shall thereupon succeed to the same.
The fifth piece of Social Legislation prescribed an age limit for sexual intercourse with a woman. It is Act XLV of 1860 (Penal Code) Sec. 375. It enacted as follows:—
“A man is said to commit ‘rape’ who except, in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the five following :—
First : Against her will.
Secondly : Without her consent
Thirdly : With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.
Fourthly : (Left blank—ed.)
Fifthly : With or without her consent, when she is under ten years of age.
Explanation : (Left blank—ed.)
Exception : Sexual intercourse by a man with his own wife not being under ten years of age, is not rape.”
WHAT ABOUT THE UNTOUCHABLES ?
Caste and Untouchability are the two great social evils in India. Caste has disabled the whole Hindu Society. Untouchability has suppressed a large class of people. And yet the British Government has completely ignored the two evils. One may search in vain the Indian Code to find any law dealing with Caste or with Untouchability. It is true that caste and untouchability are social matters. They will vanish when people will begin to interdine and intermarry. Law cannot compel a person to dine with another. It is true, law cannot compel a person to marry with another. But it is also true that Law can prohibit a Caste