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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.
Family law in India has a complex legal structure where different religious communities are guided by their own personal laws, each of which historically evolved under various social, religious, political, and legal influences. In two comprehensive and lucid volumes, Flavia Agnes, a leading activist and advocate in the area, examines family law in the light of social realities, contemporary rights discourse, and the idea of justice. What is unique in these volumes is that the ground level litigation practices around women's rights are interwoven with the critical analyses of the statutory provisions. Relying extensively upon case law, Volume 1 examines: the evolution of the personal laws of Hindus, Muslims, Christians, Parsis, and Jews during the colonial and postcolonial periods; how these laws are applied in contemporary questions of marriage, divorce, property rights, and succession; and whether it is possible to bring the law in conformity with modern changes through and in both the formal, and statutory law and the pluralistic and fluid community-based practices. It also extensively examines the role of the judiciary, the political and academic debates around the issue of uniform civil code, and women's citizenship claims in a stratified and hierarchical social order.
'Family Law' refers to the set of legal rules which are in practice in India with regards to 'family' issues - marriage, divorce, inheritance, etc. This volume is a collection of articles by different scholars across disciplines to generate a discourse on just Family Law. Main features: it is an inter-disciplinary collection of articles on family law - not just by lawyers or legal specialists but includes political scientists, sociologists, economists, anthropologists, religion specialists, etc. it is concerned with a just family law that moves beyond a uniform civil code. Has a strong but not exclusive focus on women and women's issues. The authors demonstrate that substantive rules such as a just family law, in addition to being inclusive, would make connections between the structure of the family and in the wider economic, political and social institutions. Secondly, they challenge the myths about the private sphere as the sphere of non-regulation by law in order to demonstrate that just a family law can be compatible with freedom of conscience. The authors here are seeking to create a discourse on family law that accommodates diversity and is context-sensitive. However, most of the contemporary legal theory questions the role of law in achieving justice, and there is a pervasive view that cultural diversity is more valuable than a state-imposed family law. This argument is addressed from various standpoints to show that cultural plurality can be pursued in many other ways and a just family law is the minimum condition for a fair resolution of disputes, if and when they do rise. This book does not just document the pathologies of power within the family but also makes proposals for remedying these inequities. It is not confined to considering what changes need to be inducted into existing family law to make it more just, but also strategises on the means and methods of effecting the change. It seeks to break the silences prevailing in relation to some excluded groups, whose existence is not even acknowledged by contemporary family law.
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.