(APPENDIX) Report OF THE MALABAR MARRIAGE COMMISSION 189i VLV REPORT OF THE JttafnGnr marriage Commission WITH ENCLOSURES AND APPENDICES. ENCLOSURE A.—Memorandum by the"President. B.—Memorandum by M.R.Ry. Rama Varma* Tamburan Avargal. 11 C.—Memorandum by M.R.Ry. O. Chandu Menon Avargal, n D.—Memorandum by M.R.Ry. Mundappa Bangera Avargal, B.A., B.L. APPENDIX I.—Extracts relating to Marumakkathayam Sexual usages. Collected from Official Reports and published Works. js II.—List of 474 persons to whom Interrogatories were sent. n |||.—Sixty-four selected answers, with list. jy —Depositions of 121 witnesses examined viva voce, with list. y —Statement showing Marumakkathayam Castes. VI.—Extract from the Diary of the Commission. flD a fc> r a 0: PAINTED AT THE LAWREtfCE ASYLUM PRESS, MOUNT ROAD Bn-tYr Gn. W . TAYLORTAYLOR.. 1 8 9 1 . / CONTENTS OF REPORT. PARAGRAPHS Appointment of Commission ... ... .. ... , ... ... ... 1, 2 Defmitipn of its task by Government of India ... ... ... ... ... 3 Procedure followed by the Commission; Circulation of Interrogatories ; Examination of leading men... ... ... ... ... ... ... ... ... 4 Evidence not given on oath, nor subject to cross-examination ; Inexpediency of examining witnesses not belonging to the Marumakkathayam classes ; Evidence to be viewed with caution ... ... ... ... ... ... ... ... 5 Sixty-four selected answers printed; Evidence of 121 witnesses printed ..'. ... 6 The Marumakkathayam Castes. r Figures of recent Census not available ; Census of 1881; Uncertainty as to many of the caste names ... ... ... ... ... ... •• ••• ••• 7 Uncertainty as to number of Marumakkathayam Tiyans ... ... ... ... 8 Proportion of Marumakkathayam to Makkathayam population 30 per cent. ... ... 9 The Marumakkathayam Hindus ... ... ... .. ... ... ... 10 Prohibition of sexual intercourse between Nayars and Tiyans ... ... ... ... 11 Caste divisions amongst Nayar.s, and their effect in stopping intermarriage ... ... 12—16 The^iile of anulomam and prathilomam; Inconsistent with the institution of marriage ... 17 The Kora river regarded as boundary between North and South Malabar for caste purposes ; Nayars of South Malabar not generally allowed to consort with Nayar women of North Malabar ... ... ... ... ... ... ... ... ... 18 The Nambudri Brahmans ; The only priests and religious instructors of the Nayars ; Their number ... ... ... ... ... ... ... ... ... 19 Orthodox view of the Nambudri ... ... ' ... ... ... ... ... 20 Nambudri marriage customs ; Pernicious effect of the system on their own women ... 21 And on themselves ... ... ... ... ... ... ... ... 22 The Marumakkathayam Tiyans ... ... ... ... ... ... ... 23 Marumakkathayam. Possesses no Code ; Nambudris were the only repositories of tradition ; The Kerala Mahat- myam ; Its teaching; Injunction against female chastity^; This doctrine still taught by the Nambudri priesthood ; And by the highest Marumakkathayam authority ; Forms the foundation of the Marumakkathayam system ... ... ... ... ... 24 Polyandry. No new light as to its origin ; Significance of fact that aboriginal tribes follow Makkathayam not Marumakkathayam ; Close affinity of Malayalam to Tamil indicates that the Nayars entered Malabar through the Palghat gap ... ... ... ... ... 25 Polyandry alleged to be extinct; Undoubtedly becoming very rare ... ... ... 26 Marumakkathayam ''Marriage'' Customs. This phrase involves a. petitio principii; Difficulty from wan£of inoffensive terms... ... 27 Malayalam terms for marriage ; Marumakkathayam equivalent; ' Husband,' ' wife,' and ' marriage' used by Commissioners to avoid offence ... ... ... ... 28 What is marriage ? Sir FitzJames Stephen's view accepted as a test ... ... ... 29 " Marriage customs " continued ; the Tali-kettu Kalyanam or " mock marriage " described ; European opinion as to its significance (note) ... ... ... ... ... 30 Explanation of an orthodox defender of the ceremony ... ... ... ... 31 Marumakkathayam and Brahman opinion regarding it ... .... ... ... 32 Most intelligent Malayalis ashamed of it; Custom blindly followed ; Variations in different - parts of the District ... ... ... ... ...v ... ... ...33—37 PARAGRAPHS Tali-kettu among the Marumakkathayam Tiyans ... ... ... ••• ••• 38 Now regarded as a Tarawad ceremony to be performed once in 10 years ... ••• 39 Claimed to be a remedy against infant marriage ; Not really so ... ... ••• 40 Possibility of converting it into a true marriage ... ... ... ... ••• 41 Difference of opinion as to whether any formality except Tdli-kettu is necessai'y before the girl consorts with a man ; No formality essential; Modern tendency is to surround the occasion of first cohabitation with an elaborate ceremonial; Description of the Pnda-mari ceremony in North Malabar ; Other approved forms of social ' marriage ' ... ... 42 Reasons why none of them constitute a legal marriage ; When a Brahman consorts with a Nayar girl in North Malabar there is the same ceremonial ... .. ... 43 Our President's reasons for holding that thei'e is no legal marriage ... ... ... 44 Ruling^ of the Madras High Court ... ... ... ... ... ... 45 Testimony of the Nambudri priests, the Rajahs, and the aristocracy that Sudra women are not bound to chastity ... ... ... ... ... ... ... 46 Sexual relation depends on mutual consent, and can be terminated by either party at will without formality ; Father not liable for maintenance of wife or children ... 47 Conclusion that there is no legal marriage ... ... ... ... ... 48 The social forms of marriage have in them no religious clement ... ... ... 49 How the system works ... ... ... ... ... ... ... ... 50 The Marumakkathayam Family. o In theory an indissoluble unit; Under the sway of the senior male Family property impartible; Functions of male and female members ... ... ... ... 51 The Karanavan, or senior male ; His powers and privileges ; Non-liability to be called on for account; Constant conflict of interest with duty ; Junior members have only a right to residence and maintenance in the family house ; Rule as to power over self-acquisitions 52 Old age as the only qualification for office ; Operation of the rule ; Tarawads afflicted by constant change of Karanavan ; Karanavan's temptations ; " Gross acts of spoliation constantly carried on by heads of families" ... ... ... ... ... 53 No wholesoifte#home influences ; Education neglected ... ... ,„. ... ... 54 Theory that Tarawad is an indissoluble unit; Disintegration inevitable ; Young birds must be crowded out of the nest; Growth of tavazhis (branches) ; Circumstances leading to dissension ; Karanavans misappropriate Tarawad property ; Anandaravans refuse to work; Hatred and dissension the rule ... ... ... ... ... 55 Common mistake to suppose that every Tarawad has an ancestral estate; Mr. Logan's con­ clusion that the race (of Nayars) is fast degenerating ... ... ... ... 56 Final result of impartibility is that Tarawad estate becomes hopelessly encumbered ... 57 Marumakkathayam in North Malabar ; Patriarchal system overcoming the Matriarchal; High Court Ruling tnat the Tarawad must support the ' wives ' and children of the junior males ; Effort to shako off the Matriarchal system thwarted by our Courts; Mr. Mayne's opinion referred to ... ... ... ... ... ... 58 Majority opposed to change ; But will follow the lead of the enlightened minority ; Testimony of hostile witnesses to this effect ... ... ... ... ... ... 59 Legislation is expedient ; Our President's arguments ... ... ... ... ... 60 The present system becoming hopelessly unworkable ; A summary of its evils ; The people are better than their law. Are adopting marriage as a social institution ; Proposed law will merely legalize the growing custom ... ... ... ... ... 61 Growth of polygamy will be checked ... ... ... ... ..." ... 62 Husbands will have no excuse for taking the law into their own hands ... ... ... 63 Expedient also for the Aliyasantana people of South Canara ; The same indictment brought against Aliyasantanam as against Marumakkathayam ... ... .. ... 64 What form legislation should take; The alternatives; Commission divided in opinion ; Majority advise that if President's scheme be not approved, Mr. Sankaran Nair's Bill be introduced with a view to its being shaped into law ... ... ... ... 65 Objections to the Bill discussed ... ... ... ... ... ... ... 66 „ Registration of marriage ... ... ... ... ... ... ... ... 67 Should marriages in breach of caste rules be pronounced void ? ... ... ... 68, 69 I . 1 Suggested way out of the difficulty 70 Objections as to consanguinity and affinity ... 71 Divorce ... ... ... ... ... ... * 72—74 Objection as to piebald system of inheritance 75, 76 Objection to change in the Law of Succession ; Compromise proposed of giving half of self- acquisitions to widow and children and half to Tarawad; Objections to this ; Reasons for urging that the whole should go to wife and children 77 Our President's view 78 The so-called religious objections to a change in the devolution of self-acquisitions; Are unfounded ... 79 Guardianship, Difference of opinion between the Commissioners 80 Unnecessary to go into further details until leave is granted to introduce the Bill 81 Proposed legislation will not prejudice Travancore or Cochin ... 82 Separate memoranda recorded by four members of tire Commission; Diary of the Commission. 83 Recommendation that the power of devise by Will should be conferred upon the Marumak­ kathayam classes 84 OS are A. Memorandum by the President. 11 B. Memorandum by M.R.Ry. Rama Varma Tamburan Avargal. 11 C. Memorandum