CHAPTER XXXIV
"To Continue the Succession"
FOR to-morrow holds no hope for these children so far as our power to save them to-day is concerned. It will be remembered that we felt we could do more for them by working quietly on our own lines than by appealing to the law; but lately, fearing lest we were possibly doing the law an injustice by taking it for granted that it was powerless to help us, we carefully gathered all the evidence we could about three typical children: one a child in moral danger, though not in actual Temple danger; another the adopted child of a Temple woman; the third a Temple woman's own child: and we submitted this evidence to a keen Indian Christian barrister, and asked for his advice.
L., the first child he deals with, the little "dove in the cage," is in charge of a woman of bad character, by the consent and arrangement of her mother. The mother speaks English as well as an Englishwoman, and her eldest son is studying for his degree in a Government college. Although Temple service is not intended, the proposed life is such that a similar course of training as that to which the Temple child is subjected, is now being carried on. This is the barrister's reply to my letter:—
"I have carefully perused the statements of the probable witnesses. L.'s mother is not a Temple woman, and the foster-mother also is not a Temple woman. The law of adoption relating to Temple women does not apply to them. The foster-mother, therefore, can have no legal claim to the child. But the mother has absolute control over the bringing-up of the child, and it would not be possible in the present state of the law to do anything for the child now."
S. This is the little one who whispered her texts to me in the moonlight, and whose foster-mother told her to tell me she was being trained for the Service of the gods. She is evidently destined to be a Temple woman. "The first question for consideration is how the old woman is related to her. If she is the adopted mother, or if she could successfully plead adoption of the child, the Civil Courts will be powerless to help. If we can get some reliable evidence that the child has not been adopted" (this is impossible) "we may be able to induce the British Courts to interfere on her behalf and say she shall not be devoted to Temple service until she attains her majority; but it would not be possible to induce the Courts to hand the child over to the Mission."
K., the little girl whose own mother is a Temple woman. She has been taught dancing, which to our mind was conclusive proof of her mother's intentions. To make sure we asked the question, to which the following is the reply: "No children of [good] Hindu parents are taught dancing. Even the lowest caste woman thinks it beneath her dignity to dance, excepting professional devil-dancers, who are generally old women, mostly widows, of an hysterical temperament. When young children of women of doubtful character are taught dancing, it means they are going to be married to the idol. When children of Temple women are taught dancing the presumption is all the greater. But the difficulty in the case of K. is to get one who has higher claims to guardianship than the mother. In the case of a Temple woman's child there is no one.
"It is this which makes it impossible for the well-wishers of the children to interfere. . . . The law punishes only the offence committed and not the intent to commit, or even the preparation, unless it amounts to an attempt under the Penal Code."
. . . . .
"We have no Right to Interfere"
Bluebeards are not an institution in England; but if they were, and if one of the order were known to possess a cupboardful of pendent heads, would Englishmen sit quiet while he whetted his butcher's knife quite calmly on his doorstep? Would they say as he sat there in untroubled assurance of safety, feeling the edge of the blade with his thumb, and muttering almost audibly the name of his intended victim, "We have no right to interfere, he is only sharpening his knife; an intent to commit, or even the preparation for crime, is not punishable by law, unless it amounts to an attempt, and he has not 'attempted' yet." Surely, if such intent were not punishable it very soon would be. It would be found possible—who can doubt it?—to frame a new law, or amend the old one, so as to deal with Bluebeards. And a Committee of Vigilance would be appointed to ensure its effectual working.
Of course, the simile is absurdly inadequate, and breaks down at several important points, and the circumstances are vastly more difficult in India than they ever could be in England, just because India is India; but will it not at least be admitted that the law meant in kindness to the innocent is fatal to our purpose?—which is to save the children while they are still innocent.
. . . . .
We do not want to ask for anything unreasonable, but it seems to us that the law concerning adoption requires revision. In Mayne's Hindu Law and Usage it is stated that among Temple women it is customary in Madras and Pondicherry and in Western India to adopt girls to follow their adopted mother's profession: and the girls so adopted succeed to their property; no particular ceremonies are necessary, recognition alone being sufficient. In Calcutta and Bombay such adoptions have been held illegal, but in the Madras Presidency they are held to be legal. In a case where the validity of such adoption was questioned, the Madras High Court affirmed it, and it has now, "by a series of decisions, adopted the rule ;. . . which limits the illegality of adoption to cases where they involve the commission of an offence under the Criminal Code." This, as we have said, makes it entirely impossible to save the child through the law before her training is complete; and after it is complete it is too late to save her. Train a child from infancy to look upon a certain line of life as the one and only line for her, make the prospect attractive, and surround her with every possible unholy influence; in short, bend the twig and keep it bent for the greater part of sixteen years, or even only six—is there much room for doubt as to how it will grow? An heir to the property may be required; but with the facts of life before us, can we be content to allow the adoption of a child by a Temple woman to be so legalised that even if it can be proved to a moral certainty that her intention is to "continue the succession," nothing can be done?
What we Want
Then as to the guardianship: again we do not want to ask too much, but surely if it can be shown that no one else has moved to save the child (which argues that no one else has cared much about her salvation) we should not be disqualified for guardianship on the sole ground that we are not related? In such a case the relatives are the last people with whom she would be safe. An order may go forth from that nebulous and distant Impersonality, the British Government, to the effect that a certain child is not to be dedicated to gods during her minority. But far away in their villages the people smile at a simplicity which can imagine that commands can eventually affect purposes. They may delay the fulfilment of such purpose; but India can afford to wait.
We would have the law so amended, that whoever has been in earnest enough about the matter to try to save the child from destruction, should be given the right to protect her, if in spite of the odds against him he has honestly fought through a case and won.
"Is it not a sad thing," writes the Indian barrister—we quote his words because they seem to us worthy of notice at home—"that a Christian Government is unable to legislate to save the children of Temple women? I am sorry my opinion has made you sad. Giving my opinion as a lawyer, I could not take an optimistic view of the matter. The law as it stands at present is against reform in matters of this kind. Even should a good judge take a strong view of the matter, the High Court will stick to the very letter of the law."
So that, as things are, it comes to this: We must stand aside and watch the cup of poison being prepared—so openly prepared that everyone knows for which child it is being mixed. We must stand and wait and do nothing. We must see the little girl led up to the cup and persuaded to taste it. We must watch her gradually growing to like it, for it is flavoured and sweet. We must not beckon to her before she has drunk of it and say, "Come to us and we will tell you what is in that cup, and keep you safely from those who would make you drink it"; for "any attempt to induce the child to come to you, or any assistance given to help her to escape to you, would render you liable to prosecution for kidnapping—a criminal offence under the Penal Code." Any one of us would gladly go to prison if it would save the child; but the trouble is, it would not: for the law could only return her to her lawful guardians from whose hold we unlawfully detached her. We, not they, would be in the wrong; they did nothing unlawful in only preparing the cup. Does someone say that we put the case unfairly—that the law does not forbid us to warn the child, it only forbids us to snatch her away when the cup is merely being offered her? But remember, in our part of India at least, these cups are not given in public. The preparation is public enough, the bare tasting is public too; but the cup in its fulness is given in private, and once given, the poison works with stealthy but startling rapidity. Warn the child before she has drunk of it, and she does not understand you. Warn her after she has drunk, and the poison holds her from heeding.
Besides, to be very practical, what is the use of warning if we may only warn? Suppose our one isolated word weighs with the child against the word of mother or adopted mother, and all who stand for home to her; suppose she says (she would very rarely have the courage for any such proposal, but suppose she does say it): "May I come to you? and will you show me the way, for it is such a long way and I do not know how to find it? I should be so frightened, alone in the night" (the only time escape would be possible), "for I know they would run after me, and they can run faster than I!" What may we say to her? What may I say to the Harebell supposing she asks me this question? She is only six, and there are six long miles over broken country between her home and ours. We could not find it ourselves in the dark. But supposing she dared it all, and an angel were sent to guide her, have we any right to protect her? None whatever. If there are parents, or a parent, they or she have the right of parentage; if an adopted mother, the right of adoption.[F]
We know that the law is framed to protect the good, and the rights of parentage cannot be too carefully guarded; but to one who has not a legal mind, but only sees a little girl in danger of her life, and has to stand with hands tied by a law intended to deal with totally different matters, it seems strange that things should be so. This is not the moment (if ever there is such a moment) to choose, for deliberate lawlessness; but there are times when the temptation is strong to break the law in the hope that, once broken, it may be amended. Only those who have had to go through it know what it is to stand and see that cup of poison being prepared for an unsuspicious child.
Then unto Thee we Turn
The last sentence in the barrister's letter begins with "I despair." The sentence is too pungent in its outspoken candour to copy into a book which may come back to India: "I despair": then unto Thee we turn, O Lord our God; for now, Lord, what is our hope? truly our hope is even in Thee: oh, help us against the enemy; for vain is the help of man. Hath God forgotten to be gracious? Will the Lord absent Himself for ever? O God, wherefore art Thou absent from us for so long? Look upon the Covenant, for all the earth is full of darkness and cruel habitations. Surely Thou hast seen it, for Thou beholdest ungodliness and wrong. The wicked boasteth of his heart's desire. He sitteth in the lurking-places of the villages: in the secret places doth he murder the innocent. He saith in his heart, "God hath forgotten: He hideth His face; He will never see it." Arise, O Lord God, lift up Thine hand! Up, Lord, disappoint him, and cast him down; deliver the children! Show Thy marvellous lovingkindness, Thou that art the Saviour of them which put their trust in Thee, from such as resist Thy right hand. Thy voice is mighty in operation: the voice of the Lord is a glorious voice. We wait for Thy lovingkindness, O God: be merciful unto the children: O God, be merciful unto the children, for our soul trusteth in Thee, and we call unto the Most High God, even unto the God that shall perform the cause which we have in hand. For Thou hast looked down from Thy sanctuary; out of heaven did the Lord behold the earth, that He might hear the mournings of such as are in captivity, and deliver the children appointed to death. Arise, O God, maintain Thine own cause! Our hope is in Thee, Who helpeth them to right that suffer wrong. The Lord looseth the prisoners. God is unto us a God of deliverances. Power belongeth unto Thee. Our soul hangeth upon Thee: Thou shalt show us wonderful things in Thy righteousness, O God of our salvation, Thou that art the hope of all the ends of the earth. And all men that see it shall say, This hath God done; for they shall perceive that it is His work. He shall deliver the children's souls from falsehood and wrong; for God is our King of old; the help that is done upon earth He doeth it Himself. Sure I am, the Lord will avenge the poor, and maintain the cause of the helpless. Why art thou so heavy, O my soul, and why art thou disquieted within me? Oh, put thy trust in God; for I will yet praise Him which is the help of my countenance and my God!
Are there any prayers like the old psalms in their intense sincerity? In the times when our heart is wounded within us we turn to these ancient human cries, and we find what we want in them.
Let us pray for the children of this generation being trained now "to continue the succession," whom nothing less than a Divine interposition can save. The hunters on these mountains dig pits to ensnare the poor wild beasts, and they cover them warily with leaves and grass: this sentence about the succession is just such a pit, with words for leaves and grass. Let us pray for miracles to happen where individual children are concerned, that the little feet in their ignorance may be hindered from running across those pits, for the fall is into miry clay, and the sides of the pit are slippery and very steep.
Let us Pray
More and more as we go on, and learn our utter inability to move a single pebble by ourselves, and the mighty power of God to upturn mountains with a touch, we realise how infinitely important it is to know how to pray. There is the restful prayer of committal to which the immediate answer is peace. We could not live without this sort of prayer; we should be crushed and overborne, and give up broken-hearted if it were not for that peace. But the Apostle speaks of another prayer that is wrestle, conflict, "agony." And if these little children are to be delivered and protected after their deliverance, and trained that if the Lord tarry and life's fierce battle has to be fought—and for them it may be very fierce—all that will be attempted against them shall fall harmless at their feet like arrows turned to feather-down; then some of us must be strong to meet the powers that will combat every inch of the field with us, and some of us must learn deeper things than we know yet about the solemn secret of prevailing prayer.
FOOTNOTES:
[F] To-day (February 16, 1912) as I go through proofs of the second edition, I hear by post of a young girl in a distant city who lately escaped to a missionary, and asked for what he could not give her—protection. She had to return to her own home. In her despair, she drowned herself.