Making Family and Nation: Hindu Marriage Law in Early Postcolonial India

Abstract

Postcolonial states responded differently to the group-specific personal laws that were recognized in many colonial societies. While some retained most colonial personal laws (e.g., Lebanon) and others introduced major changes (e.g., Tunisia), most introduced modest yet significant changes (e.g., Egypt, India, Indonesia). Indian policy makers retained personal laws specific to religious groups, and did not change the minority laws, although minority recognition did not rule out culturally grounded reform. They changed Hindu law alone based on their values, as they saw Hindu social reform as the key to making nation and citizen. Reform proposals drew from the modern Western valuation of the nuclear family, and from Hindu traditions that were reformed to meet standards of modernity. As Hindu nationalists and other conservatives defended lineage authority, legislators retained much of the lineage control over ancestral property. But they provided limited divorce rights, reduced restrictions on mate choice, and banned bigamy. The visions driving the initial proposals influenced many later changes in India's family laws.

Cultural and social empowerment of Muslim women in Context of Personal Law in India and Indonesia

“…Fragmentation is a consequence of personal, political, and ideological contests, reflecting the more perilous process of consensus-building in modern Indian Muslim culture. (Subramanian, 2010) said that Postcolonial states adapted colonial personal laws differently, with some retaining majority laws and others introducing significant changes. Indian policymakers retained religious-specific laws and culturally grounded reform, focusing on Hindu social reform.…”

Child Marriage in Short Stories From Indonesia and Bangladesh: Victor, Survivor, and Victim

“…To begin with the story set in Bangladesh, Halima is expected to help reduce the burden of the family. In India and most South Asian countries including Bangladesh, the tradition surrounding early marriage, dowry, and arranged marriage still continue since colonial times, especially in rural areas, because this custom is loaded with religious, political, and financial systems (Subramanian, 2010). Poverty is one of the main reasons why Bangladeshi families marry off their daughters.…”

South Asian Legal History

“…Religion has been the second key area of interest, and one that often overlaps with gender because of the personal law system. A rich scholarship now exists on the expression and contestation of religious community identities through personal law among Hindus (Denault 2009;Kasturi 2009;Newbigin 2013;Shodhan 2001;Sturman 2012;Subramanian 2010;2014, pp. 137-98), Muslims (De 2009;Jones 2012;Purohit 2012;Shodhan 2001;Stephens 2013Stephens , 2014a, Christians (Chatterjee 2010b(Chatterjee , 2011Mallampalli 2004Mallampalli , 2011, and Parsis (Sharafi 2007a(Sharafi , 2014.…”