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Navigate the complexities of Indian family law with this detailed exploration of its various aspects. From marriage and divorce to child custody and inheritance, this book provides a comprehensive overview of the legal principles governing family relationships in India, offering valuable guidance for legal practitioners and individuals alike.
This text presents an overview of the major issues and topics in current developments in Indian family law. Indian law has produced a number of very important innovations in the past two decades, which are also highly instructive for law reform debates in western and other jurisdictions. Topics discussed are: marriage, divorce, polygamy, maintenance, property and the Uniform Civil Code.
This volume includes fourteen essays by eminent sociologists in memory of Ramkrishna Mukherjee (1919–2017), the last of the founding architects of sociology in India. It also includes two interviews with Ramkrishna Mukherjee by senior sociologists. The essays cover a variety of themes and topics close to the works of Ramkrishna Mukherjee: the idea of unitary social science, methodology of social research, the question of facts and values, rural society and social change, social mobility, family and gender, and nationalism. In the two interviews included here Mukherjee clarifies his intellectual trajectory as well as issues of methodology and methods in social research. Overall, this volume endorses his emphasis on the need for social researchers to transcend the ‘what’ and ‘how’ to ‘why’ in the pursuit of sociological knowledge. The volume is a valuable addition to the history of sociology in India. Students of sociology and other social sciences will find it useful as a book of substantive readings on social dynamics; those researching the social world will find in it a useful guide to issues in designing and execution of social research projects.
This book examines the roles and interconnections between structural factors and individual agency in marital violence, focusing on women in heterosexual marital relationships. With the overall aim of improving recognition and strengthening responses to marital violence, it underlines what occurs as marital violence and why it is possibly occurring in the manner it does, while simultaneously demonstrating how it is dealt with and resisted. Based upon in-depth qualitative data focussing upon the experiences of women facing marital violence and key informants from Assam in Northeast India, this book sheds light upon four key areas. To begin with, what is named or recognised (and not recognised) as marital violence is assessed and a typology (and associated denials) informed by the capabilities approach is developed. Further, the re-victimisation that happens through and within both civil and criminal justice is explored. In addition to this, the existing structural context highlighting changes that occur at a broader economic, political, and social level, contextualising a society that is in transition, has been emphasised. To conclude, conditioned by distinct material-cultural constraints-enablers and acknowledging the role played by emotions, a temporal agential trajectory in response to marital violence is mapped, specifically through the concepts of Habitus and Reflexivity. In short, this book attempts to decolonise certain aspects of academic knowledge around marital violence by asserting the need to consider distinct natures and forms of violence and violations that occur within marriages and the acknowledgement of a spectrum of actions in the agential trajectory so that victims-survivors are not solely assessed by their decisions to stay or to leave an abusive marriage. It will be of interest to scholars, students, professionals, and policymakers working within social work, social policy, gender studies, and violence prevention.
Mental harassment, physical torture, sexual violence… women have suffered these since time immemorial. And violation of women rights is still common in India and every other country in the world. However, it’s not that things have to continue the way they have. Injustice meted out to women can be effectively challenged — legally, if not socially. There are several laws that give women the power to fight adversities such as discrimination, harassment, violence and abuse. Women rights can be broadly classified into two categories — constitutional rights and legal rights. Those guaranteed by the Constitution include Right to Equality, no discrimination in employment on the ground of sex, to secure adequate means of livelihood, equal pay for equal work, securing just and humane conditions of work and maternity relief etc. On the other hand, legal rights are available to women in the form of prevailing law or enactments in the country. So the author of this book dealt with various laws effecting mental and social well being of married women across the religion in present patriarchal Indian Society.
This book critically examines domestic violence law in India. It focuses on women’s experiences and perspectives as victims and litigants, with regard to accessibility to law and justice. It also reflects on the manner in which the legal process reproduces gender hierarchies. This volume: Analyzes the legal framework from a gender perspective to pinpoint the inherent stereotypes, prejudices and discriminatory practices that come into play while interpreting the law; Includes in-depth interviews and case studies, and explores critical themes such as marriage, rights, family, violence, property and the state; Presents alternatives beyond the domain of law, such as qualitative medical care and legal aid facilities, shelter homes, short-stay homes, childcare facilities, and economic and social security provisions to survivors and their children. Drawing on extensive testimonies and ethnographic studies situated in a theoretical framework of law, this book will be of great interest to scholars and researchers of law, gender, human rights, women’s studies, sociology and social anthropology, and South Asian studies.
This book is a summary of research papers published either in leadingprofessional journals from India and abroad or unpublished papers presentedin some international seminar or workshop during 1980–2010. But all thepapers have been thoroughly recast in view of the latest facts and figuresand presented in a thematically coherent manner. It is a fresh attempt tobridge the gap between demographic processes and family structure in theIndian context. This study has also tried to cover changes in marital practices.The study sets off a long-overdue dialogue between anthropology/sociologyand demography in the Indian context. The prime purpose of this book is to provide a comprehensive overviewof the state of family in contemporary India. This book will be found usefulby scholars, students and professionals who work with families and also bylaypeople interested in family matters of India.
Contributing to debates on feminism, this book considers the impact made by feminists in India from the 1970s. Geetanjali Gangoli analyses feminist campaigns on issues of violence and women’s rights, and debates on ways in which feminist legal debates may be limiting for women and based on exclusionary concepts such as citizenship. She addresses campaigns ranging from domestic violence, rape, pornography and son preference and sets them within a wider analysis of the position of women within the Indian state. The strengths and limitations of law reform for women are addressed as well as whether legal feminisms relating to law and women's legal rights are effective in the Indian context. The question of whether legal campaigns can make positive changes in women’s lives or whether they further legitimize oppressive state patriarchies is considered. The recasting of caste and community identities is also assessed, as well as the rise of Hindu fundamentalism and the ways in which feminists in India have combated and confronted these challenges. Indian Feminisms will interest researchers and students in the areas of feminism, law, women’s movements and social movements in India, and South Asia more generally.
This book examines the practice of Alternative Dispute Resolution (ADR) as it stands today in the context of matrimonial disputes and for providing gender justice for women undergoing matrimonial litigation. ADR is a fairly recent but increasingly prevalent phenomenon that has significantly evolved due to the failure of the adversarial process of litigation to provide timely resolution of disputes. The book explores the merit and demerit of traditional litigation process and emergence, socio-legal framework, work environment and success rate of various ADR processes in general and for resolving matrimonial disputes in particular. It comprehensively discusses the role of various institutions and attitudes and perceptions of ADR practitioners. It analyzes the influence of patriarchal cultural assumptions of appropriate feminine behaviour and its effect on ADR practitioners like mediators and counsellors that leads to the marginalization of aggrieved woman’s issues. With a brief analysis of the experience and challenges faced with the way the ADR process is conducted, the focus is on probing the vulnerability of aggrieved women. The book critiques the practice of ADR as it is today and offers constructive ways forward by providing suggestions, insights, and analysis that could bring about a transformation in the way justice is delivered to women. This in-depth study is an attempt to guide decision making by bringing forth and legitimizing the battered women’s voice which often goes unrepresented, in the debate about the efficacy of ADR mechanism in resolving matrimonial disputes. The book is of interest to those working for justice for women, particularly in the context of matrimonial disputes -- legal professionals, mediators, counsellors, judges, academicians, women rights activists, researchers in the field of gender and women studies, social work and law, ADR educators, policymakers and general readers who are inclined and interested in bringing a gender perspective to their area of work.
This book discusses health care issues related to domestic violence, using extensive case studies from India. By discussing the global literature, legal systems, methodological challenges of gathering information on domestic violence, and health systems issues, along with learnings from case studies, it fills a significant gap in the literature between health care policy and practice vis-à-vis victims of domestic violence. It therefore enables a systemic and systematic response to incidents of domestic violence. Policy instructions, court verdicts, government interventions, community-based direct interventions and related case discussions in the book help in the understanding and management of cases. Though the book uses case studies from India, it addresses globally relevant issues for health care professionals. In view of the paucity of application of systematic evidence-based knowledge, the holistic perspective presented in the book is important to prevent domestic violence, protect women’s rights, and promote healthcare and wellbeing of women and children facing domestic violence. Medical professionals are expected to intervene in instances of injuries related to domestic violence---a responsibility that they are currently unable to fulfil due to lack of training in recognizing abuse and lack of tools for intervention. This book improves hands-on-knowledge by providing information on where to refer victims for assistance and timely intervention. Comprehensive yet lucid, this book is useful for academics, policy makers, non-government organizations and women’s rights groups in helping victims during and after a violent episode and also in improving reporting and referral services.