2024

FACULTY OF LAW

JAMIA MILLIA ISLAMIA

NEW DELHI

Course Title –

POSITION OF 19TH CENTURY WOMEN IN WESTERN COUNTRIES

AND INDIA

Submitted To – Submitted By –

Prof. SUBHRADIPTA SARKAR MOHIT KUMAR GUPTA

AND Student ID – 202306333

Dr. MUSADIR FAROOQ

FACULTY OF LAW, ZISHAN AHMAD

JAMIA MILLIA ISLAMIA, Student ID – 202306000

NEW DELHI LLM 2nd SEM (2023-2025)

1
 2024

ACKNOWLEDGEMENT

The success and outcome of this project on the topic POSITION OF 19TH CENTURY WOMEN
IN WESTERN COUNTRIES AND INDIA required a lot of guidance assistance from many people
expressly my professors, Prof. Subhradipta Sarkar sir and Musaddir Farooq ma’am, I respect
and thank them for giving me an opportunity to do this project work and taking keen interest by
guiding me on the project completion. I admire the opportunity to delve into big research as it
exposed me to vast knowledge and various other new things.

I would like to thank my parents for their continued guidance.

I am highly obliged to Jamia Millia Islamia for their guidance and constant supervision as well as
for providing continued necessary equipment and information regarding the project.

MOHIT KUMAR GUPTA

Student ID – 202306333

LLM 2nd SEM (2023-2025)

ZISHAN AHMAD

Student ID – 202306000

LLM 2nd SEM (2023-2025)

2
 2024

POSITION OF 19TH CENTURY WOMEN IN WESTERN COUNTRIES

AND INDIA

CONTENTS

1. Research Questions
2. Research Methodology
3. Hypothesis
4. Scope and Objective of the Study
5. Literature Review

CHAPTERISATION

1. Introduction
2. Position of 19th Century Women in India
a. Sati
b. Child Marriage
c. Widow Remarriage
d. Female Education
3. Position of 19th Century Women in Western Countries
a. Women’s suffrage
b. Property rights
c. Female education

3
 2024

INTRODUCTION

The specific challenges that individual women faced in their lives shaped the development of
feminism in the 19th century, which is why prominent figures and a number of campaigns to
accomplish specific goals emerged. Although significant improvements had been completed by the
end of the century, the names "feminism" and "feminist" had only recently gained traction. This
appears to be representative of the erratic, occasionally reluctant, and inconsistent pattern that
women's rights activists developed during the time period under consideration.

Historians contended that the introduction of English education, which sparked the process of
challenging customarily accepted traditions, allowed liberal, utilitarian, and rationalist concepts to
seep into the Indian mind1. In the Nineteenth century there was need felt by the reformers to educate
the masses especially the women, by education the awareness can be achieved, which will
propagate the process of reform for women. The reforms initiated by organizations were modern,
progressive and reflected their social and political aspirations for India2

The goal of the reform society program was to safeguard and meet the requirements of Indian
women. Schools for girls were created by societies like the Arya Samaj and the Brahmo Samaj.
The need to protect the women in their families from the influence of Christian missionaries was
the driving force for the founding of these schools. The issues facing upper-class women were the
main focus of the women's movement at the beginning of the nineteenth century.

It is crucial to bear in mind that most of these endeavours were not solely focused on women.
Instead, their objective was to bring about reforms in all facets of Indian society, including social
divisions, religious customs, gender-based disparities, and instilling a sense of political awareness.
Additionally, it is noteworthy that these reformers did not hail from the same social, religious,
regional, or political backgrounds. They originated from various regions and social strata within
India.

1
Bayly C.A. (1992). “Indian Thoughts in the Age of Liberalism and Empire, Introduction: the meaning of liberalism
in colonial India. Pub” Cambridge University Press, pp.94-99
2
Heimsath, C. (1964). “Indian nationalism and Hindu Social Reform”, Bombay, pp.56-59.
4
 2024

Numerous media outlets have covered the lifestyle, customs, and widowhood and marriage rituals
of affluent Hindu women. Reformers focused on eradicating societal problems and inhumane
behaviours that were the root of women's deplorable situation, even as they sought to change Hindu
society as a whole. The reformers of this era focused on three crucial facets of a woman's life: age.
marriage, widows' lives and their entitlement to remarriage, and education.3

In the 19th century United States, women were granted fewer legal rights compared to men. They
were unable to participate in voting, own property, or file for divorce in numerous states.
Nevertheless, progress started to take place in the mid-19th century. The enactment of the Married
Women's Property Act in New York in 1848 allowed married women to possess property under
their own name during their husband's incapacity. This marked a significant advancement towards
women's economic independence.

Married Women's Property Laws were implemented in various states, providing married women
with authority over their income and property. By 1860, a New York statute granted women joint
custody of children and the ability to litigate. Women's rights reformers in several states
successfully advocated for the adoption of more lenient divorce laws. Despite these improvements,
women continued to encounter substantial discrimination. The Expatriation Act of 1907 permitted
American women who married foreigners to lose their citizenship, while Section 4 allowed
previously foreign women who gained citizenship through marriage to an American to maintain
their American citizenship.

The Muller v. Oregon4 ruling upheld Oregon's regulations on women's working hours, legitimizing
gender discrimination and protective labour laws. The White-Slave Traffic Act, 1908 also known
as the Mann Act, criminalized the transportation of women or girls across state or international
borders for immoral purposes, including prostitution, thereby criminalizing certain consensual
adult sexual activities.

Women's rights advocates, such as Sojourner Truth, Angelina Grimké, and Sarah Grimké, fought
for equal rights for women, leading to the implementation of Married Women's Property Laws in

3
Saxena, G, (2017). “Arya Samaj Movement in India, (1875-1947)”, South Asia Books, pp.68-77
4
208 U.S. 412 (1908)
5
 2024

multiple states and the adoption of more lenient divorce laws. Nonetheless, women's rights
remained restricted, as they encountered challenges in obtaining passports as easily as men in a
quarter of countries, working night shifts similarly to men in over 30% of countries, and receiving
inadequate protection against sexual harassment and domestic violence in the majority of countries.

During the 19th century in the United Kingdom, women had limited legal rights and were subjected
to the law of coverture. This meant that upon marriage, a woman's legal existence was transferred
to her husband, resulting in her inability to own property, enter into contracts, or sue in her own
name. However, the Victorian era saw the emergence of reformers who aimed to address the legal
situation of women. This led to the establishment of the Langham Place Circle, which marked the
first organized movement for British women's suffrage.

Throughout the 19th century, significant legal changes were implemented to improve the rights of
women. The Custody of Infants Act 1839, for instance, allowed women to have custody of their
children under certain circumstances. Additionally, the Matrimonial Causes Act 1857 made divorce
more accessible for women. The Married Women's Property Act 1884 further granted married
women the right to own and control their own property.

Despite these advancements, women still encountered substantial discrimination in various areas,
including education and employment. They were prohibited from attending university or voting,
and they were consistently paid less than men for performing the same work. Furthermore,
domestic violence remained a prevalent issue, with limited legal protection available for women.

6
 2024

POSITION OF 19TH CENTURY WOMEN IN INDIA

The historical struggle of women for freedom, equality, and rights spans generations. In India,
women have long been oppressed by the prejudices ingrained in various religious texts, enduring
humiliation and suppression. However, the arrival of colonial rule in India marked a turning point.
Influenced by liberal and utilitarian philosophies, as well as the efforts of social reformers with a
scientific mindset, there was a significant shift in the social status of women during the nineteenth
century. This period, often referred to as the era of social awakening and enlightenment, witnessed
transformative changes in women's lives, including advancements in education, demands for equal
rights, and reforms in marriage customs. These changes granted women in India a newfound sense
of identity and dignity.

It is observed by the social reformers that though the elite Hindus have accepted, the need of
change, but in the personal and intimate matters, particularly those relating to women, social
customs could only alter according to the precepts of the Hindu religion and tradition. Y.D, Phadke
observes, “...though the stimulus for the movement came from outside - through western ideas - it
was deeply rooted in the Indian faith in continuity and evolution, rather than in revolt and sudden
change.”5

SATI

Sati represented a glaring atrocity of its time. During the medieval era, despite efforts from
enlightened Muslim rulers to prohibit the practice, such endeavours yielded little tangible outcome.
Their reluctance stemmed from a desire to govern without entangling themselves in Hindu religious
customs and practices. Conversely, the British government maintained a stance of indifference,
adhering to their policy of non-intervention in the established laws of both Hindus and Muslims.
However, by the nineteenth century, governmental indifference became untenable, prompting
Rammohan Roy to spearhead official reforms. Often hailed as the father of modern India, Roy
tirelessly campaigned for the legal abolition of this societal injustice.6

5
Phadke. Y. D. (2008). “Visavya Shatakatil Maharashtra Vol-V, K” Sagar Publication Pune, pp.367-380.
6
Mani, L. (1998). “Contentious Traditions –The Debate on Sati in Colonial India, Berkeley” University of California
Press, pp.44-53
7
 2024

The number of widows who tragically perished annually in flames was alarmingly high, prompting
Lord William Bentinck to take decisive action by abolishing the practice through legislation.
Bentinck's stance found support not only among Englishmen but also among many enlightened
Indians, notably Rammohan Roy and Dwarkanath Tagore. Despite vehement opposition from
orthodox Hindus, who adamantly defended their perceived right to conduct widow burning, Roy
and his allies countered with a petition endorsing the proposed legislation. They argued that sati
lacked religious sanction, being a product of the medieval era, often enforced through coercion. On
December 4th, 1829, the historic resolution was passed by the name Sati Abolition Act,
criminalizing sati as culpable homicide, punishable by fines, imprisonment, or both.7

CHILD MARRIAGE

For centuries, Hindu society institutionalized the practice of child marriage. A primary rationale
behind this was the Shastric mandate dictating that girls should be wed at a tender age to facilitate
intercourse at the onset of puberty8. Ishwar Chandra Vidyasagar, a prominent social reformer of
the 19th century, dedicated himself tirelessly to combatting the scourge of early marriage. He
vehemently advocated the belief that child marriage was the underlying cause of the suffering
endured by Indian widows. He argued that by curbing this practice and establishing a minimum
marriage age for Indian girls through official legislation, the plight of Indian women could be
significantly ameliorated.

Another relentless social reformer, Keshabchandra Sen, actively championed women's rights and
fervently advocated for marriage reforms. Regarding the issue of child marriage, Keshabchandra
opposed the custom by saying that “so long as a girl does not know how to respect the husband, so
long as she is not acquainted with true moral discipline, so long the father should not think of
getting her married”.

7
ibid., pp.53-59
8
Wagle, N. (1999). “Writers Editors and Reformers: Social and Political Transformations of Maharashtra, (1830-
1930)”, New Delhi, pp.76- 79.
8
 2024

Consequently, governmental efforts to address the plight of minor girls led to the passing of the
first Age of Consent Bill in 1860, which classified sexual intercourse with a girl under ten years
old as rape. However, this legislation offered minimal protection, as the prevailing societal ideal of
complete submission often deterred girls from speaking out. Social reformers like M.G. Ranade,
Behramji Malabari, and Tej Bahadur Sapru advocated for raising the marriage age, citing cases of
physical and psychological trauma resulting from consummation at ages as young as ten or eleven.
Behramji Malabari brought the issue of legislation controlling the marriage age of Hindu girls to
the forefront through his newspaper Indian Spectator and the journal East and West, both of which
played significant roles in the All India Social Reform Movement.

Another event which accelerated legislations on the subject was the lawful case of Phulmani Dasi,
a child aged 11 years who was married to an adult husband. He raped her, as a result of which she
died.9 The death of Phulmani Dasi was an important factor in forcing the lady doctors to send a
memorandum to the Government requesting suitable legislation to prevent child marriages. This
request was supported by 1,500 Indian women who sent a representation to Queen Victoria
beseeching similar reforms.10

WIDOW REMARRIAGE

In Hindu culture, a widow is often seen as an unfortunate and inauspicious figure. From the sixth
century onward, Brahmins and their religious texts rigidly prohibited widows from remarrying.
Manu's laws explicitly forbid widow remarriage, except in cases where the marriage had not been
consummated. The movement to improve the status of widows found support from various social
reformers, including notable figures like Pandit Vidyasagar, Keshab Chandra Sen, and Maharishi
Karve. Vidyasagar, much like Roy, who also hailed from Bengal, became a leading advocate for
the rights of widows. The primary obstacle to widow remarriage, according to orthodox beliefs,
stemmed from the lack of sanction from Hindu legal authorities. In 1856 the government, despite

9
Fuller, M., “The Wrongs of Indian Womanhood” (New York), 1900, P.18.
10
Indian Social Reformer, 1889, Vol.9, P.250.
9
 2024

the protests of the orthodox, passed the Widow Remarriage Act11. The legislation allowed widows
to remarry. On their remarriage however, widows lost property rights in the estate of their deceased
husbands. The legislation, despite the support of the enlightened minority, far exceeded the
sentiments prevalent among the general population. Widow remarriage was met with strong
disapproval. The values of devotion and sacrifice, deeply ingrained in religious and social norms,
were so deeply rooted among widows that convincing them to remarry was a challenging task.
Acknowledging these challenges, social reformers like Maharishi Karve redirected their efforts
toward promoting education among widows.12

FEMALE EDUCATION

Indian women, lacking education and awareness, were unable to protest against prevalent social
injustices and mistreatment. Reformers believed that educating women could alleviate many of
these social issues. Consequently, alongside the upliftment of Indian women, the reformers were
also concerned about promoting female education. The British government introduced an
educational curriculum for Indian schools, modelled after the British system, with English as the
primary language of instruction. The earliest modern schools for girls in India were established by
Christian missionaries. Due to traditional Indian reservations about mixed-gender classes, convents
and Protestant missions established "zenana" schools exclusively for girls, staffed by female
teachers13.

The preaching of Ramakrishna Paramhamsa was a major step forward in the nineteenth century
efforts for social upliftment of women. While the reformists worked to obtain legal sanction for
their cause, Paramahamsa with his simplicity directly appealed to humanity to sanction a revered
position for women. His worship of the Goddess Kali attracted the ordinary masses as well as the
educated elite. He saw the essence of motherhood in all women, even those considered most
degraded. His reverence for the mother figure encouraged men to treat women with respect and

11
The Widow Remarriage Act, 1856 (Act 15 of 1856)
12
supra Note 8
13
Patil.P. (1991). “Jotirao Phule, Collected Work”, Vol-2, Govt. Press. Bombay, pp. 92-95
10
 2024

courtesy. The teachings of Paramahamsa were extended by his renowned disciple Swami
Vivekananda, who advocated liberalism, humanism, and courageous thinking. Vivekananda
believed in liberating Indian women from societal constraints to enable India's true modernization.
However, he showed less enthusiasm towards matters like widow remarriage and child marriage.
His belief in freedom centred on the idea that with education, women would gain the ability to
determine their own destinies.14

POSITION OF 19TH CENTURY WOMEN IN WESTERN COUNTRIES

Women in Western countries during the 19th century had less legal rights than men. In many states,
they were not allowed to vote, possess property, or file for divorce. Nevertheless, the mid-19th
century saw the beginning of improvement. In the USA and the UK during the 19th century,
women's status was defined by social expectations that restricted them to household roles, gender
inequity, and restricted legal, social, and political rights. After marriage, women were supposed to
maintain their subservience to their fathers and husbands, have little authority over their own
belongings, and have few career options. While lower-class women frequently worked outside the
home as low-paid domestic servants or labourers in factories and mills, middle-class and upper-
class women typically stayed at home to care for their children and run the family.

Women's roles and lifestyles were negatively impacted by the Industrial Revolution and the growth
of capitalism. Women were involved in many facets of the economic and productive life prior to
the Industrial Revolution, including farming, brewing, nursing, and agriculture. But when the
economy and production shifted, men began to take paid labour and employment outside the farm
or in the house, leaving women to take care of the home or work at low-paying jobs. But starting
in the middle of the 1800s, advocates for women's rights started speaking up all around the country,
gradually gaining momentum for the cause. Women in the United States who demonstrated a strong
interest in the struggles for women's rights included Lucretia Mott and Elizabeth Cady Stanton.

14
Singh, H. (2016). “Rise of Reason: Intellectual History of 19th-century Maharashtra, Routledge Taylor & Francis
Group”, pp.126-128
11
 2024

WOMEN’S SUFFARAGE

The fight for women's voting rights in the US has a lengthy and intricate history that lasted more
than a century. When the United States was founded, women were virtually always denied the right
to vote. It wasn't until the 19th Amendment to the Constitution was enacted in 1920 that women
were granted the same official right to vote as males. Women such as Lucretia Mott, Elizabeth
Cady Stanton15 showed interest in antislavery movement. They published a request in July 1848
for a convention to address women's rights. The convention convened in Seneca Falls, New York,
the hometown of Stanton, on July 19–20, 1848, and produced a resolution endorsing women's
suffrage as well as their right to employment and educational opportunities. The National Woman
Suffrage Association was established in 1869 with the stated goal of granting women the right to
vote through a federal Constitutional amendment. The Fourteenth Amendment (1868) classified
citizens and voters as "male," which was a setback for suffragists and one of the many obstacles
the movement had to overcome. Due to disagreements over how to implement Amendments
Fourteen and Fifteen, the women's rights movement was split. While Lucy Stone, her husband
Henry Blackwell, and Julia Ward Howe founded the more moderate American Woman Suffrage
Association (AWSA), Susan B. Anthony and Elizabeth Cady Stanton formed the more radical
National Woman Suffrage Association (NWSA).After the two groups made amends, the National
American Woman Suffrage Association (NAWSA) was formed in 1890 and grew to become a
significant national force. Organizations such as the National Federation of Women's Clubs, the
National Women's Party, and the National Association of Colored Women joined NAWSA, and the
movement garnered enough support in 1919 for Congress to enact the Nineteenth Amendment on
June 5th, 1919, eliminating the legal barrier to women's voting rights.

The history of women's voting rights in the UK can be traced back to the mid-19th century when
women began to demand the right to vote. Women were first given the right to vote in the UK in
the territory of Wyoming in 1869, and Utah in 1870. Under the direction of Millicent Fawcett, the
National Union of Women's Suffrage Societies (NUWSS) was established in 1897 to promote

15
“Milestones for Women in American Politics”, Centre for American Women and Politics, Rutgers-New Brunswick
Eagleton Institute Of Politics available at : https://cawp.rutgers.edu/facts/milestones-women-american-politics
(Visited on April 24th,,2024)
12
 2024

women's suffrage via nonviolent means. In order to push for women's suffrage using more
aggressive tactics, Emmeline Pankhurst and her daughters founded the Women's Social and
Political Union (WSPU) in 1903. The WSPU employed strategies like window-breaking, hunger
strikes, and arson to raise awareness of their cause. The Fourth Reform Act, often known as the
Representation of the People Act 1918, gave women over 30 who satisfied specific property
requirements the ability to vote. In the UK, this act gave an additional 8.4 million women the right
to vote. The Fifth Reform Act, commonly known as the Representation of the People (Equal
Franchise) Act 1928, gave all women over 21 the right to vote regardless of their property
requirements.

PROPERTY RIGHTS

Women in the United States were first denied property rights, but by the end of the 18th century,
certain states had begun to provide women consideration under their property rights legislation.
The advancement of women's property rights began at the beginning of the 19th century, but it's
crucial to remember that slavery was still in use at the time, and Africans who were held as slaves
had no property rights at all because they were considered property. While conditions for white
women were improving, persons of color did not have property rights in any meaningful sense at
the start of the 19th century. Connecticut approved a legislation allowing married women to make
wills in 1809, and several courts upheld the terms of prenuptial and marriage agreements. A
Mississippi statute that gave white women extremely restricted property rights was passed in 1839;
it mostly dealt with slavery. They were granted the same rights to own Africans in slavery as white
men for the first time. With the passage of the Married Women's Property Act in 1848 and the Act
Concerning the Rights and Liabilities of Husband and Wife in 1860, New York granted women the
most extensive property rights, including the ability to own their own business, file lawsuits, and
be the sole owners of gifts they receive. Every state had granted married women significant
property authority by 1900.16

16
Lewis, Jone Johnson. "A Short History of Women's Property Rights in the United States." ThoughtCo, August 26th,
2020, available at : http://thoughtco.com/property-rights-of-women-3529578 (Visited on April 25th,2024)
13
 2024

Women's circumstances in the UK were largely the same as those in the USA. Their rights over
their land were severely restricted prior to the 19th century. A number of historical laws were passed
in the UK at the start of the 19th century to advance married women's property rights. The doctrine
of 'coverture’17, a legal English common law doctrine did not consider women as individuals and
the identity of the woman was merged with that of her husband. The law saw the married couple
as a single entity, and the married woman had no independent legal status. This implied that the
women couldn't make their own contracts, hold property, or form their own wills. The woman's
only goal in life became to satisfy her husband because all of the family's possessions and income
were under his control, and she was compelled to comply with his every whim and fancy. Some
educated and powerful women started advocating for a law that would allow them to own their
own wealth and property in the late 1860s. Their struggle bore fruits and the Married Women's
Property Act, 187018 was passed in the parliament of the United Kingdom, which replaced the
archaic English common law doctrine and gave married women got more rights on their property.
The married woman was granted legal ownership and authority over all of her independently
acquired property under this Act, including her earnings from investments, gifts, inheritances, and
wages. The Women's Property Act of 1888 was enacted as a remedy for the shortcomings in the
earlier Act. This Act allowed women to buy, sell, and own property while they were still married,
as well as to keep their property after marriage. The concept of "coverture" gradually withered
away, and women were now regarded by the law as distinct legal entities.

FEMALE EDUCATION

Women's education in the UK during the 19th century was marked by notable differences according
to gender and social status. In the past, middle-class and upper-class girls received their first
education at home to prepare them for successful marriages. This education prioritized skills like
music, languages, and social graces. If working-class girls could attend school, charitable

17
Zaher, C., “When a woman's marital status determined her legal status: a research guide on the common law doctrine
of coverture”,94 LLJ.459 (2002)
18
Combs, M.B.,. :”A measure of legal independence: The 1870 Married Women's Property Act and the portfolio
allocations of British wives”, 65(4)The Journal of Economic History 1028-1057 (2005)
14
 2024

organizations or religious institutions would set up schools where they would learn the
fundamentals of reading, writing, and household chores19. Notwithstanding these obstacles, women
made a substantial contribution to the history of education in Britain, as progress progressively
enhanced the chances for women to pursue higher education. Education for women beyond
elementary school was becoming increasingly important during the 19th century. While middle-
class girls had access to comparable educational opportunities as males because to the opening of
private secondary girls' schools, working-class girls were still overwhelmingly denied secondary
education. Female students were first admitted to higher education institutions in the late 19th
century, with Girton College in Cambridge becoming the first residential institution for women in
1869. But initially, women faced discrimination, including not being paid as much as male
professors, and were not granted degrees. The foundation for primary education for both boys and
girls was established by the Education Acts of the 19th century, especially the 1870 Act. However,
until later reforms, secondary education was only available to working-class girls. A few changes
were made later in the early 1900s to improve female education in the United Kingdom.

Very few girls in the United States in the early 1800s attended formal education; instead, they
attended simple "dame schools" that prioritized literacy. Nonetheless, girls were progressively
allowed to attend public schools as the Common School Movement gained traction in the 1840s
and 1850s, but frequently at separate times than boys. Throughout the 19th century, women's access
to education increased dramatically. For middle-class and upper-class ladies, more sophisticated
education was made available through the establishment of private institutions and "female
seminaries"20. Academic teaching as well as home skills were provided by these schools. One
significant turning point in women's higher education was the establishment of women's colleges,
such as Oberlin College, which started admitting female students in 1836. However, compared to
men's prospects, access to higher education remained restricted and unsatisfactory.. Women had
even more access to higher education after the Civil War, as Maryville College began accepting

19
“A History of Women’s Education in the UK”, Oxford Royal Academy available at : https://www.oxford-
royale.com/articles/history-womens-education-uk/ (Visited on April 26,2024)
20
JIM WOZNIAK, “Women’s education grew in the 19th Century as attitudes changed, but challenges remained”,
Tusculum University, February 28, 2019 available at : https://www3.tusculum.edu/news/news/2019/womens-
education-grew-in-the-19th-century-as-attitudes-changed-but-challenges-remained/ (Visited on April 25,2024)
15
 2024

female students in 1867. In the United States, women were obtaining more bachelor's and master's
degrees than men by the late 19th and early 20th centuries.

RESEARCH QUESTIONS

Firstly, what were the practices which caused hindrance in the development of the women of the
19th century in India and in Western countries.

Secondly, what was the impact of blending of the culture of India and British on women and the
reformers needed to make such progressive reforms effective.

Lastly, what methods were adopted by reformers and progressive law makers of western countries
to foresee the positive changes with respect to women.

RESEARCH METHODOLOGY

The researcher has chosen the doctrinal research approach to investigate a social issue that holds
legal significance, categorized as socio-legal research. This method involves examining relevant
literature found in books, legal cases, and online sources to analyse and interpret legal principles,
emphasizing their application in the societal context rather than relying on empirical observation.

HYPOTHESIS

The Hypothesis is as follows:

With respect to India, the practices such as sati, child marriage and widow remarriage are some of
the regressive practices which the women were subjected to in 19th century India. The reforms
followed in the 19th and following centuries through social reformers like Raja Rammohan Roy,

16
 2024

Ishwar Chandra Vidyasagar, Keshab Chandra Sen, and Maharishi Karve. Legislations were also
enacted by the then British government majorly after the 1857 revolt.

With respect to the western countries, the position of women in 19th century varied significantly
depending on factors such as social class, race, and geographical location. Legal rights, education,
employment, rights in marriage and family were the major issues concerning the women of western
countries. In United States of America, reformers like Elizabeth Cady Stanton and Lucretia Mott
were at work regarding the rights of the women. In United Kingdom, the reforms were by way of
statutory acts like the Married Women’s Property Act, Divorce and Matrimonial Causes Act. There,
the movements such as Women’s suffrage Movement through Millicent Fawcett and Emmeline
Pankhurst and establishment of universities such as Girton College and Newnham College (both
founded in the 1860s) expanded educational and legal opportunities for women.

SCOPE AND OBJECTIVE OF THE STUDY

Research is undertaken with a view to arrive at a statement of generality. Generalizations drawn

from the study have certain effects for the established corpus of knowledge. It may add credence
to the existing accepted theory or bring certain amendments or modifications in the accepted body
of knowledge.

The discovery of truth is the foremost object of any research. The researcher acquires knowledge
from the research made or prepared by him/her. It is source of acquiring knowledge or establishing
the truth about a particular thing or object. One of the objectives of research is to gain familiarity
with a phenomenon or to achieve new insights into it. In particular, the objectives of this research
were to identify the problems faced by the women in the 19th century, their methods to voice against
such problems and later reforms regarding this. In addition, also to compare the statuses of women
in different civilizations at that time and impact of one society on another.

17
 2024

LITERATURE REVIEW

Bayly C.A. (1992). “Indian Thoughts in the Age of Liberalism and Empire, Introduction: the
meaning of liberalism in colonial India. Pub” Cambridge University Press. This book is a study of
some central themes of Indian political and social thought from the last critical stages of the British
invasion of the subcontinent during the 1810s and 1820s to the time of the nationalist campaigns
against colonial rule in the1930s and 1940s. Its focus is a wide range of arguments and practices
which can broadly be called ‘liberal’, though it necessarily also touches on the ideas of some of
those who criticised ‘liberalism’. Liberals emphasised education, particularly women’s education.
Educated women would help to abolish domestic tyranny, reinstate the ancient Hindu ideal of
companionate marriage and improve the race.

Heimsath, C. (1964). “Indian nationalism and Hindu Social Reform”, Mr. Heimsath offers an
overview of the intellectual evolution of social reform movements among Hindus in India from the
time of Ram Mohan Roy to Gandhi, spanning a century. He examines the distinct approaches to
reform in various key regions where these movements gained momentum, highlighting the diverse
methods through which social change was brought about.

Gloria Y.A. Ayee (2021) Women’s Human Rights in Nineteenth-Century Literature and
Culture This book examines how women's rights progressed in the 19th and early 20th centuries
by analysing cultural trends from that period. They take a global approach, highlighting the various
roles women played as writers and journalists, and they explore themes such as the New Woman
movement, feminism, and the diverse representations of women in literature. By studying works
from authors like Alice Meynell, Thomas Hardy, Netta Syrett, Alice Dunbar-Nelson, Mary Seacole,
Charlotte Brontë, and Jean Rhys, the authors analyse how women's voices and writings contributed
to discussions on women's rights and the portrayal of the New Woman.

18