Note 36 — D

(j) The accused, a Mādiga of the Bellary district, dedicated his minor daughter as a Basavi by a form of marriage with an idol. It appeared that a Basavi is incapable of contracting a lawful marriage, and ordinarily practices promiscuous intercourse with men, and that her sons succeed to her father’s property. It was held that the accused had committed an offence under the Penal Code, which lays down that “whoever sells, lets to hire, or otherwise disposes of any minor under the age of sixteen years, with intent that such minor shall be employed or used for the purpose of prostitution, or for any unlawful and immoral purpose, shall be punished, etc.” The Sessions judge referred to evidence that it was not a matter of course for Basavis to prostitute themselves for money, and added: “The evidence is very clear that Basavis are made in accordance with a custom of the Mādiga caste. It is also in evidence that one of the effects of making a girl Basavi is that her male issue becomes a son of her father, and perpetuates his family, whereas, if she were married, he would perpetuate her husband’s family. In this particular case, the girl was made a Basavi that she might be heir to her aunt, who was a Basavi, but childless. Siddalingana Gowd says that they and their issue inherit the parents’ property. There is evidence that Basavis are made on a very large scale, and that they live in their parents’ houses. There is no evidence that they are regarded otherwise than as respectable members of the caste. It seems as if the Basavi is the Mādiga and Bēdar equivalent of the “appointed daughter” of Hindu law (Mitakshara, Chap. I, s. xi, 3). Upon the whole, the evidence seems to establish that, among the Mādigas, there is a widespread custom of performing, in a temple at Uchangidurgam, a marriage ceremony, the result of which is that the girl is married without possibility of widowhood or divorce; that she is at liberty to have intercourse with men at her pleasure; that her children are heirs to her father, and keep up his family; and that Basavi’s nieces, being made Basavis, become their heirs. The Basavis seem in some cases to become prostitutes, but the language used by the witnesses generally points only to free intercourse with men, and not necessarily to receipt of payment for use of their bodies. In fact, they seem to acquire the right of intercourse with men without more discredit than accrues to the men of their caste for intercourse with women who are not their wives.36