Friday, July 29, 2011

Family and Marraige

DEVELOPMENTAL PROCESS OF THE FAMILY

The Ideal of Joint Family Living

The Indian patri-virilocal family can be viewed in terms of a cycle. A nuclear family develops into a joint family after the marriage of a son and coming of a daughter-in-law. After the death of the father, brothers often separate. In some places, like Andhra Pradesh, sons are expected to stay together with the parents till all the children in the family are married. After this they tend to separate. Thus, the process of fission takes place and the joint family is broken into relatively

smaller family units. The parents may then choose to live with one of the sons. Some parents live alternately with all the sons. There may be other kin members who come to live with members of a nuclear family. For example a widow may come to live with her brother, his wife and children if she has no children of her own.

In spite of the alterations that occur in the compositional and/or the residential aspect of family living, what holds a family together is the recognition of oneness between the father and the son’s households or between the brothers’ households. A son’s family is in a sense an extension of the father’s family. In fact they are considered as ‘one family’. It is in this family that the incoming wife has to be incorporated. Formal obligations towards relations by marriage and towards the

daughters of the house are expected to be shared by the members of this ‘one family’. In the developmental cycle of this ‘one family’, the emergence of fission in the form of nuclear households can be related to many factors.

One important factor is the high bargaining power of the wife (CSWI 1974:59- 61). It has been pointed out that nuclear families develop out of joint families where the wife has high bargaining power. This means that in groups where the wife has a right to legal divorce, where bride price is given and where there is economic and social support to a woman from her natal family, there are

considerable possibilities for the formation of nuclear households or fission in the ‘one family’.

Those who have studied the family as a process point out that a particular type of composition of a household should be looked at as a stage in the developmental cycle. The presence of nuclear households should not be taken as indicative of change in the institution of joint family. Such families should be viewed as units, which will grow up into joint families when the sons grow up and marry. This may or may not happen in reality. Rather at the level of norms and expectations, most

families try to achieve this ideal. We should also look at the other side of the coin. That is the side in which the concept of joint family living is not found for several reasons.

Inapplicability of the Ideal of Joint Family Living

a) Demographic factor: With low life expectancy there is much less chance of three generations existing at the same time.

b) Economic factors: With no property, contribution to the income of the family is the major asset for this group. Since old people may not have the capacity to work and contribute to the family resources, they are not considered as essential and important persons in the family.

c) Role of women: Due to the poor financial position of the family, women are required to take up paid employment outside the home. So the traditional division of labour in a joint family where women look after the home and children and men go out to work cannot operate. Women’s economic activities make the continuity of the joint family difficult

d) Mobility: Movement of individuals from one place to another, in search of better economic opportunity, also makes joint family living difficult.

CHANGES IN THE FAMILY

Factors of Change and Process of Disintegration of the Joint Family

i) Economic Factors: Monetisation (introduction of cash transactions), diversification of occupational opportunities for employment in varied spheres, technological advancements (in communication and transport) are some of the major economic factors, which have affected the joint family system in India.

The economic system established by the British encouraged monetisation i.e., cash payment for services rendered and goods sold. The British also threw open opportunities for employment in government service. Those who were attracted by the employment opportunities and facilities provided by the British, often left their traditional occupations and moved to cities or towns where

these occupations were available. This meant residential separation from their ancestral home. If they were married, they sometimes took their wives and children (and even one or two relatives) along with them.

Since Independence, opportunities for and diversification of occupations have increased. With a constitutional commitment to promote equality between the sexes and to integrate women into the development process, a further impetus has emerged to draw women into varied kinds of occupations. In families where both the men and women go out to work, role relationships

between different members of the family are affected.

ii) Educational Factors: Again it was during the British rule that opportunities for higher education emerged in a significant way. All castes and communities had access to the facilities provided by the British with regard to education. Some of those who were able to gain access and exposure to English-medium education (exposure specially to the individualistic, liberal and humanitarian

ideas) began to question some of the Hindu customs and practices relating to child marriage, denial of rights of education to women, property rights of women and ill-treatment of widows. Educated young men not only desired to postpone their marriage to a much later age than what was prescribed by family tradition, but also wanted to marry women with some educational background. Educated women (especially college educated) were expected to have a different kind of influence on family matters than uneducated or less educated women.

iii) Legal Factors: Legislations regarding employment, education, marriage, and property, have affected the family system in many ways. Labour laws passed for the benefit of employees like the Indian Workmen Compensation Act (1923), the Minimum Wages Act 1948, helped to reduce the economic reliance of members on the joint family for economic support. In 1930 the Hindu Gains of Learning Act was passed whereby it was declared that the property acquired by a Hindu out of his education was his personal property though his education was paid for by the joint family. The distinction between self-acquired property and joint family property was drawn. In 1937, during

the British rule a law was passed by which a woman acquired a limited right to her husband’s property. She could hold the property of her husband after his death as a limited owner during her lifetime. But after she died the property devolved to the heirs (usually the sons) of the husband.

With regard to marriage, the Child Marriage Restraint Act was passed in 1929, to curb infant marriages. It prescribed the minimum age (18 and 14 years respectively) at marriage for boys and girls. This Act also aimed to give women an opportunity for education. Now in India the prescribed

minimum age at marriage is 21 for boys and 18 for girls. After Independence the Hindu Succession Act (1956) was passed which gave a daughter and a son equal rights to the father’s property. These

legislations challenged the inheritance patterns that prevailed in joint families prior to the passing of this Act and the dependent position of women within the family.

iv) Urbanisation: The process of urbanisation has also affected the pattern of family life in India. It denotes the movement of people from rural to urban areas and a shift from agricultural to non-agricultural occupations. It also implies the adoption of an urban way of life. Urban life reflects increased density of population, heterogeneity of population, diversification and increased specialisation of occupations, complex division of labour. It also includes increased availability of educational and health facilities. Limited availability of living space, impersonality and anonymity also characterise urban life.

Factors of Change Leading to Reinforcement of the Joint Family

i) K.M. Kapadia (1972), for instance, has drawn our attention to the fact that families, which have migrated to cities, still retain their bonds with their joint family in the village or town. Even after they residentially separate themselves from a joint family and form a nuclear family, they do not function as an isolated or completely independent unit in the city. These, families retain their kinship orientation and joint family ethic. This is evident from the physical presence of relatives at the time of certain events like birth, marriage, death, illness and so on. Sometimes members from the families living in a city go to the village to participate in such events or sometimes members from the rural family come to the city to involve themselves in functions or ceremonies or

activities of their kin members.

The joint family ethic is very much evident in the performance of certain role obligations. These may include physical and financial assistance to kin members. A family in the city has the duty to give shelter and sustenance to all subsequent immigrants from the rural family, mostly young men in pursuit of education and work or relations seeking medical treatment in urban centres. So it can happen that in the course of time, a kind of joint family is formed in the city, which is linked to the family in the village by close family ties, by a system of mutual rights, duties and obligations and also by the undivided family property.

ii) Again the thesis that the joint family is dysfunctional to the process of industrialisation has been challenged by those who point out that some of the successful industrial establishments in the country are managed by the individuals who strictly live by joint family rules. They maintain coresidence, common hearth, contribute and share economic resources. In his study The

Indian Joint Family in Modern Industry, Milton Singer (1968) points out that the joint family continues to be the norm among industrial entrepreneurs, despite changes in their material conditions of living. He observes that changes have taken place, within three generations, in residential, occupational and educational spheres. Social mobility has increased and ritual observations have been reduced in number and/or in importance. However, these

alterations, he points out, have not transformed the joint family into isolated nuclear families. On the contrary, a modified joint family organisation has emerged in the urban industrial setting where even members from the ancestral home or village move into the urban setting. Thus, according to Singer, the industrial centre has simply become a new area for the working of the joint

family system.

iii) Kolenda in her study Regional Differences in Family Structure in India (1987: 4) observes that industrialisation serves to strengthen the joint family because an economic base has been provided to support it or because more hands are needed in a renewed family enterprise or because kin can help one another in striving for upward mobility.

Emerging Patterns of Family Living

Today there are varied patterns of family living. In urban areas both male and female members of the family may go for gainful employment outside the home. In some families the parents of the husband may live with his wife and children. While in some others, members of the wife’s family may be living with the couple and their children. With both the husband and the wife going outside the home for gainful employment and with the absence or limited availability of child care facilities,

presence of kin members to look after the home and children comes handy for the smooth functioning of the household. Those working couples who prefer to live in nuclear families and who fear or resist interference from kin members, try to organise their household with professional help from outside the family (like cooks, maid servants, crèches).

Aged parents, who formerly used to look towards their eldest son or other sons for support in old age, are now adjusting themselves to the new demands of family life by making economic provisions for their old age. Even within a city parents and married sons may reside separately. Another trend in family life in India is that girls are prepared to support their parent or parents in old age, and it

is not impossible to find a widowed mother or parents staying with a married daughter (mainly, in the absence of sons) to help her to manage the household. Measures have been provided at the legal level to ensure that dependant old parents are looked after by a daughter if she is self-reliant even after her marriage. Bilateral kinship relations are more and more recognised and accepted today in many nuclear households in the cities

UNIVERSALITY OF THE INSTITUTION OF MARRIAGE IN INDIA

Marriage is an important social institution. It is a relationship, which is socially approved. The relationship is defined and sanctioned by custom and law. The definition of the relationship includes not only guidelines for behaviour relating to sex but also regarding things like the particular way labour is to be divided and other duties and privileges. Children born of marriage are considered the legitimate offspring of the married couple. This legitimacy is important in the matter of inheritance and succession. Thus marriage is not only a means of sexual gratification but also a set of cultural mechanisms to ensure the continuation of the family. It is more or less a universal social institution in India.

Rise in the Age at Marriage

Female age at marriage rose from 16.1 years in 1961 to 19.3 in 1991. The rural urban gap in female age at marriage for 1991 is 2 years and this indicates that in spite of rise in age at marriage a wide gap persists between the rural and urban areas of the country (Das and Dey 1998: 109). It is important to point out on the basis of growing evidence that age at marriage has not been low for all communities in India. For instance, among many of the hill tribes in India the average age at

marriage has been above 15 years for girls. Also among the Christians, Parsis and some educated sections living in urban areas, the age at marriage has been above the minimum age prescribed by law.

You may ask what have been some of the factors that have helped in raising the age at marriage among certain sections of the population. Research (CSWI 1974: 82) suggests that in urban areas and for the well to do in rural areas education and the need for employment of boys have raised the age of marriage. In states where the literacy rate is high, age at marriage is also much higher than in those states where literacy level is low.

While, it is encouraging to note that education has helped in raising the age at marriage, it has however led to some unintended consequences. Education combined with increasing demands for dowry have led to a rise in the age at marriage. Educated girls seek educated boys and the price (dowry) of an educated groom in the ‘marriage market’ is high. Since most marriages in India are arranged, parents arrange a marriage only when they meet the dowry demands. Thus, necessarily the marriages of the girls are postponed and age at marriage increases.

Forms of Marriage

Monogamy, Polygyny, Polyandry

i) Monogamy: Among the Hindus, until the passing of the Hindu Marriage Act of 1955, a Hindu man was permitted to marry more than one woman at a time. Although permitted, polygyny has not been common among the Hindus. Only limited sections of the population like kings, chieftains, headmen of villages, members of the landed aristocracy actually practised polygyny. We may say that those who had the means and the power to acquire more than one wife at a time were polygynous. The other important reasons for polygyny were the barrenness of the wife and or her prolonged sickness. Among some occupational groups like the agriculturists and artisans, polygyny

prevailed because of an economic gain involved in it. Where women are selfsupporting and contribute substantially to the productive activity a man can gain by having more than one wife.

Concerted efforts to remove this practice were made in the nineteenth century and early twentieth century by social reformers like Raja Rammohun Roy,

ii) Polygyny: Islam, on the other hand, has allowed polygyny. A Muslim man can have as many as four wives at a time, provided all are treated as equals. However, it seems that polygynous unions have been restricted to a small percentage of Muslims, namely the rich and the powerful. With regard to the tribal population, we find that the customary law of the tribals in general (except a few) has not forbidden polygyny. Polygyny is more widespread among the tribes of north and central India.

iii) Polyandry: Polyandry is even less common than polygyny. A few Kerala castes practised polyandry until recently. The Toda of the Nilgiris in Tamilnadu, the Khasa of Jaunsar Bawar in Dehradun district of Uttaranchal and some North Indian castes practise polyandry. In the fraternal form of polyandry, the husbands are brothers. In 1958, C.M. Abraham (1958: 107-8) has reported that in Central Travancore fraternal polyandry was practised by large number of groups like the Irava, Kaniyan, the Vellan and the Asari.

The factors that are related to the prevalence of polyandry are

a) desire to prevent division of property within a family (especially in fraternal polyandry)

b) desire to preserve the unity and solidarity of the sibling group (in fraternal polyandry)

c) the need for more than one husband in a society where men are away on a commercial or military journey

d) a difficult economy, especially an unfertile soil, which does not favour division of land and belongings (Peter 1968).

7.4.2 Prevailing Patterns

What is the position today regarding these forms of marriage? Monogamy is the most prevalent form of marriage in India. However, bigamous (having two spouses at a time) marriages have been reported among the Hindus in many parts of India. It is the man who very often commits bigamy and escapes punishment by turning the loopholes of the law to his advantage. It is the wife who is often unaware of his second marriage, and even if she is aware of it, is unaware of her legal rights

and accepts her fate. Social and economic dependence on husband and inadequate social condemnation of the man’s actions are some of the reasons for the wife’s acceptance of the husband’s second marriage. Among the Muslims it is the man who is allowed to have four wives. Among them men enjoy greater privileges than women. A Muslim woman cannot marry a second

time when her first husband is alive or if she has not been divorced by him.

PATTERNS OF SELECTION OF SPOUSE

Endogamy including the Rule of Hypergamy

ii) Hypergamy: According to the rule of hypergamy, the status of the husband is always higher than that of the wife. Those who follow this rule always seek for their daughters those men who have social status higher than their own. It is a rule whereby marriage takes place or is generally arranged within a sub caste between a girl of a lower social status and a boy of a higher social

status. This practice has occurred mainly among different subsections of a caste or sub caste rather than between castes. It is found that the tendency towards hypergamous stratification is available among all castes. Each caste is divided into several sub-castes, which are again divided into hierarchically ordered groups. It is quite clear that the rule of hypergamy operates within the confines of each endogamous group.

In ancient scriptures, it is given that anuloma marriages, based on the rule of hypergamy whereby a girl is married to a boy from upper caste sub-caste, were permitted. It is also given that pratiloma marriages, based on the rule of hypogamy, whereby a girl is married to a boy from a lower caste sub-caste, were not permitted. It would seem that in ancient times hypergamy (anuloma) across the four fold varna order was acceptable while hypogamy (pratiloma) was not permitted. Practice of hypergamy has been found among such groups as the Rajput and the Jat of North India, Anavil Brahmin and Patidar of Gujarat, Maithil Brahmin of Bihar, Rarhi Brahmin of Bengal and among the Kanyakubja and Saryupari Brahmin of Uttar Pradesh to some extent. It has also been found among the Nayar, Kshatriya and Ambalavasi of Kerala.

Exogamy

Exogamous rules are complementary to endogamous rules. These rules prohibit marriage between members of certain groups. The prohibition may be so narrow as to include those members within the elementary family (i.e. marriage between a brother and sister or parent and child) or so wide to include all those with whom genealogical kinship can be traced. The prohibition placed, on sexual intercourse between persons related in certain prohibited degrees of kinship is called incest,

e.g., sexual relations or marriage between a brother and sister are defined as incestuous in most groups. The definitions of these groups, however, show variations mainly by region and religion. In North India, a girl born within a village is considered the daughter of the village and hence cannot marry a boy from her own village. Thus, the village becomes the exogamous unit here. In South India, the exogamous unit in one’s own generation is defined by one’s own sisters/brothers and real and classificatory parallel cousins.

Two other kinds of exogamy, which have been prevalent among several Hindu communities in North and South India, are sagotra and sapinda exogamy.

i) Sagotra exogamy: In the context of the ‘twice born’ castes (belonging to the Brahmin, Kshatriya and Vaishya varna across) India sagotra exogamy applies to those who trace descent from a common ancestor, usually a rishi or a sage. All these people cannot intermarry. The term gotra is commonly

used to mean an exogamous category within a jati. One of its principal uses is to regulate marriage alliance. All members of a gotra are supposed to be descendants of or associated with the same ancestral figure. A four-clan rule or four gotra exogamous rule prevails among Hindu castes

in North India. In accordance with this four clan (gotra) rule, a man cannot marry a girl from (i) his father’s gotra or clan, (ii) his mother’s gotra or clan, (iii) his dadi’s, i.e. his father’s mother’s gotra or clan, and (iv) his nani’s, i.e., his mother’s mother’s gotra or clan. In almost all castes in the northern

zone, according to Karve (1953), the marriage between cousins is prohibited. We can show the four-clan rule in a diagram in the following manner. The 1st cross in figure 7.1 indicates the marriage of ego to a person of ego’s father’s gotra. The 2nd cross indicates the marriage of ego to a person of

ego’s mother’s gotra. The 3rd cross indicates the marriage of ego to a person of ego’s paternal grandmother’s (dadi’s) gotra. The 4th cross indicates the marriages of ego to a person of ego’s maternal grandmother’s (nani’s) gotra. All the four categories of marriage are prohibited among the Hindu castes in North India.

ii) Sapinda: Sapinda exogamy indicates the prohibition placed on the intermarriage between certain sets of relatives. Sapinda represents the relationship between the living member and their dead ancestors. The term sapinda means (i) those who share the particles of the same body (ii) people who are united by offering ‘pinda’ or balls of cooked rice to the same dead ancestor. Hindu lawgivers do not give a uniform definition regarding the kinship groups within which marriage cannot take place. Some prohibit marriage of members within seven generations on the father’s side and five generations of members from the mother’s side. Some others have restricted the prohibited generations to five on the father’s and three on the mother’s side. Several others have

permitted the marriage of cross-cousins (marriage of a person with his father’s sister’s children or mother’s brother’s children).

The Hindu Marriage Act of 1955 does not allow marriage within five generations on the father’s side and three on the mother’s side. However, it permits the marriage of cross- cousins where this is customary. The patrilineal joint family is an important exogamous unit among Hindus. This much is quite clear from the fact that marriage is prohibited within five generations on the father’s side.

Among Christians and Muslims, the elementary or nuclear family is the exogamous unit. Moplah Muslims of North Malabar in Kerala live in matrilineal units and among them matrilineage is the exogamous unit. Lineage exogamy also exists among the Muslim Gujjars of Jammu and Kashmir (Srinivas 1969: 56). Among the Nayars, who are a matrilineal group, a girl can never marry her mother’s brother.

Arranged Marriages

Majority of the marriages in India are fixed or arranged by parents or elders on behalf of and/or with the consent of the boy or the girl involved in marriage. When marriage is fixed by parents or elders it is called an arranged marriage. This is in contrast to marriage by self choice (popular example of marriage by self choice is the so called “love marriage”). In some instances both these types of selection of one’s spouse can be found together.

The prevalence of arranged marriages in India can be traced in relation to what has been said before, that is (i) existence of the rules of endogamy which limit marriage alliance within certain groups, (ii) the rules of exogamy which disallow marriage within gotra, (iii) regulations about prescriptive (allowing) and proscriptive (prohibiting) rules about marriage with parallel and cross-cousins and (iv) customs which indicate a specific preference for marriage between certain types of relatives or groups. All these factors make arranged marriages the most desirable form of selection of spouse. Choice of spouse cannot be left to the decision of the young if these restrictions and preferences are to be effectively carried out. The restrictions placed on free interaction between a boy and a girl in India is yet another factor which does not allow marriage by self choice.

Recent Trends

To what extent are the rules of endogamy, hypergamy, exogamy and arranged marriages operative today? Intercaste marriages are now recognised by law and take place on a larger scale than before. These intercaste marriages constitute only a very small proportion of the total number of marriages taking place. They are increasing at a slow rate. Caste endogamy is still highly relevant in the context

of the patterns of selection of spouse. Many caste organisations devise all kinds of strategies to confine marriages within their castes and subcastes. There are even marriage “melas” (fairs) to ensure that the choice of the spouse is made within the particular subcaste.

Though majority of marriages continue to be arranged by parents/elders/wali, the pattern of choosing one’s spouse has undergone some modifications today. We find the following patterns i) marriage by parents’/elders’ choice without consulting either the boy or girl, ii) marriage by self-choice, iii) marriage by self-choice but with parents’ consent, iv) marriage by parents’ choice but with the consent of both the boy and the girl involved in the marriage, v) marriage by parents’ choice but with the consent of only one of the two partners involved. Very often, the boy is consulted and his consent is taken. Parents/elders do not think it is important to ask the girl whether she approves the match. Among urban educated classes arranged marriage with the consent of the boy and the girl is often the most preferred pattern (Blumberg and Dwarki 1980: 139). Marriages are even arranged through newspaper advertisement for both the boy and the girl.

MARRIAGE RITES

Basic Rites of Marriage in Different Communities

For the Hindus, marriage is a sacrament. This means that a Hindu marriage cannot be dissolved. It is a union for life. This is also reflected in the marital rites. Some of the essential rites are kanyadan (the giving off of the bride to the groom by the father), panigrahana (the clasping of the bride’s hand by the groom), agniparinaya (going around the sacred fire by the bride and the groom), lajahoma

(offering of the parched grain to the sacrificial fire) and saptapadi (walking seven steps by the bride and the groom). These basic rituals are not confined to the twice born castes (the Brahmin, Kshatriya and Vaishya) only, but these are also performed with some variations among other castes too. Some invite a Brahmin priest to recite the mantra which are religious invocations. The ritual of kanyadan

is the most popular of all the basic rituals.

If we analyse the significance of the rituals of Hindu marriage we find that they stress male primacy and superiority (CSWI 1974: 64) and reflect the notion of transfer of the bride from her father’s side to her husband’s side. While emphasising life partnership for the two people involved in marriage, the basic rituals exhort the bride to follow the husband, to act according to his wishes and to remain steadfast in loyalty and love. In fact, marriage is the first major samskara (life cycle ritual)

for a Hindu woman.

In some regions, among certain castes, the pre-marriage ritual is more elaborate than the actual wedding ceremony. For instance, among certain sections of the Nayar castes in Kerala, the actual marriage constitutes only the exchange of cloth between the bride and the groom, mutual garlanding and going around the lighted lamps. The pre-marital ritual of “talikettu kalyanam” is more elaborate than the actual marriage ceremony (Gazetteer of India 1965: 548).

Certain sections of the Jain community (like the Digambara and Svetambara) and the Sikh community have marriage customs and rituals which are similar to those of the Hindus. The core ceremony of the Sikhs however is different. It is called “anand karaj” and is solemnised in the presence of the Guru Granth Sahib, the holy book of the Sikhs. The main ceremony consists of the bridal couple going four times around the holy book. Appropriate verses, known as ‘shabad’ are

recited by the officiating priest. Unlike Hindus, Sikhs do not have any particular period or season for marriages.

Muslim marriage is not a sacrament. Rather, it is a contract, which can be terminated. Among the Muslims, the marriage rituals show variation by sect and region. Some rites of the Shia sect of the Muslims differ from the Sunni, a sect among the Muslims. However, the essential ceremony of Muslim marriage is known as the nikah. The ceremony is performed by the priest or the kazi. The nikah is considered to be complete only when the consent of both the groom and the bride has been obtained. A formal document known as nikahnama bears the signatures of the couple. Among certain sections, the signatures of two witnesses are also included in the document and the document may also contain details of the payment to be made to the bride by the groom. This payment is called the mehr which is a stipulated sum of money or other assets paid to the wife either immediately after the wedding or postponed till some future date. Many of the marriage customs and rituals of the Muslims are similar to those of the Hindus. Thus, customs like smearing of turmeric (Haldi), applying mehndi, mock testing of the bride’s proficiency at domestic work are as much a part of the Muslim marriage as Hindu marriage. In fact, among the Moplah Muslims of Kerala, the nikah ceremony is performed as laid down by Islam but their marriage is not regarded complete without the Hindu function ‘kalyanam’. What is most significant to note in the rituals of Muslim marriage is that the custom of paying a mehr to the wife provides some sort of guarantee of security to the woman.

Among the Christians, the wedding takes place in a church. The exchange of the ring is an important ritual among them. Some sections of the Christians, like the Syrian Christians of Kerala, have the Hindu rite of the groom tying a ‘tali’ on the bride’s neck. Tali is a symbol of the married state of Hindu women in South India. Among Christians, the following pronouncement, which forms a part of the marriage rites, reflects the importance assigned to the relationship of the husband and wife,

rather than the relationship between the families of the husband and the wife. “Man shall leave his father and mother and shall cleave to his wife and they shall be one flesh.” This outlook emphasises the fact that marriage is a bond between two individuals and not between two families. It does not focus on the transfer of the girl from one family to another (CSWI 1974: 45). As a part of marriage celebrations all communities hold wedding processions and feasts. Their scale may vary according to the socio-economic status of the bride and bridegroom’s families.

Customary Marriages

While rites constitute an important component of marriage among many communities, there are sections or groups of people who do not have religious rites in marriage. Marriages with no rites are referred as customary marriages. These marriages are based on simple practices. For instance, in some groups living in the Himalayan tract, putting a ring in the bride’s nose is a customary form

of marriage. Customary forms of marriage are generally found among those groups where divorce and secondary marriages are permitted and practised. Secondary marriage of a widow or a separated or divorced woman is usually celebrated in a simple way, which indicates essentially the renewal of her married state (CSWI 1974: 83).

Today marriage rites have been condensed to a great extent. The Special Marriage Act of 1954 provides for secular and civil marriage before a registrar. This Act applies to all Indian citizens who chose to make use of its provisions, irrespective of religious affiliations. Civil marriage enables persons to avoid the expense of traditional weddings. However, weddings continue to be an expensive affair for a large majority of people. Large sums of money, gifts of jewellery, furniture, vessels, clothes have to be bought and generally the expenses are more for the bride’s

side than the groom’s side. This discussion takes us to the next topic of the transfer of goods and prestige that accompany marriage in India.

THE TRANSFER OF WEALTH AND PRESTIGE THAT ACCOMPANY MARRIAGE

Bride-Price

The tradition of bride-price is found among certain patrilineal tribes and some castes in the middle and lower rung of the caste ladder. The form and amount of bride-price vary from region to region, from tribe to tribe and within a tribe from time to time. Some pay only cash, some others only in kind while some pay both in kind and cash. Payment in kind includes a wide variety of things like clothes, ornaments, tools and implements, liquor, grain, cattle, goats and other forms of

livestock. For instance, among the Uraon tribe of Chotanagpur a man takes sets of clothes for the bride’s relatives. Bhumias of Orissa give cash, five or six sarees and three goats as bride-price (CSWI 1974: 69). Bargaining for bride-price is also common. In some tribes, the groom offers his services to the bride’s father as a form of bride-price.

Practice of Dowry

Broadly speaking, dowry refers to a specific category of gifts given by the bride’s side to the groom’s side. This set of gifts symbolises the transfer of wealth from the bride’s side to the groom’s side. This act confers prestige and honour to both the sides. The bride-giver gains prestige within his community by giving dowry while the bride-taker receives both wealth and prestige in his own and other communities. Of late it has become groom-price.

Today, in legal terms, dowry constitutes what is given to the son-in-law and or to his parents on demand either in cash or in kind by the bride’s side. There are, of course, regional variations in the practice and people’s understanding of the term ‘dowry’. Some view it mainly as ‘groom-price’ and often the price paid to the groom depends on the groom’s qualifications, job, social status regardless of the bride’s parents’ ability to pay the price demanded by the groom’s side. Some include in the custom of dowry i) what is given to the bride during and after the wedding, during occasions like festivals, child birth, initiation etc. in the first few years of marriage ii) what is given to the bridegroom before or after marriage and iii) what is presented to the in-laws of the girl.

Here, we need to note that (a) dowry constitutes an array of gifts given to the groom’s side over time and (b) what is given at the time of the wedding is substantial and conspicuous. Goods that constitute dowry are i) movable property like sarees, jewels, silver vessels, cash, vehicles like car, tractor and ii) immovable property such as land, house, factories, jobs etc. The form and amount of dowry and purpose to which dowry is put have shown variations based on caste, class, region and socio-economic status. Among the landowning castes of Andhra Pradesh (like Reddy, Kamma) a father may give to his daughter land and jewellery. The cash may be handed over to the groom or

his parents but the land is registered in the name of the daughter. Money also is deposited in the name of the bride or put in trust for her. In North India, where there has been a tradition of giving large utensils to the girl, the utensils generally come under the use and control of the in-laws. The amount of cash involved in dowry varies mainly according to the socio-economic status and expectations of the groom’s community as well as the socio-economic status of the bride’s family.

Again, the gift in cash or in kind involved in dowry may be put to productive purposes or just hoarded as wealth by the bride, the groom and/or his family (CSWI 1974: 70-72).

The practice of giving gift to the girl at the time of and after the wedding has been viewed as streedhana. This means that the gifts given to the daughter are a kind of property given to the daughter of the house who has to leave her natal home to join her husband. Streedhana reflects the notion of female right to property (CSWI 1974: 70 72). It is looked as a source of wealth for the married daughter to fall back in times of crisis and need. In many regions of South India, the gifts (ornaments, vessels) given to the daughter belong to her exclusively and she has the right to

use them the way she wants. Her in-laws generally do not claim possession over them.

Today, the practice of dowry has taken a very ugly turn. As mentioned in section 7.3.2, in many instances, the practice of dowry has worsened. Educated girls look out for boys who are more qualified than them. Highly qualified boys demand a high dowry. As a result of increase in dowry demand, parents often are unable to get their daughters married. If they do, they get them married beyond their means and are subject to different kinds of continuing pressures in the form of

dowry demands from the groom’s side. We often hear of dowry deaths or the girl being sent back to her parents’ home for not fulfilling the dowry demands. Today, we even hear cases of unmarried girls committing suicide in order to ease the burden of their anxious, guilt-ridden parents, who have not been able to settle a marriage for them.

In 1961, the Government of India passed the Dowry Prohibition Act. In 1984 and again in 1986, the Act was amended to make the law more stringent and effective. For instance, today, the husband and his family can be penalised for demanding dowry if his bride dies within seven years of the marriage in other than normal circumstance. We even have a Dowry Prohibition Cell to look into complaints about dowry.

All this does not mean that there are no marriages taking place without dowry. There are progressive young people who voice their strong opinion against dowry and marry without it. There are at the same time, young, educated people who accept this practice and say they see no harm in it. Some get away by saying that it is their parents (whose wishes they never want to disobey) who perpetuate this practice. Even among other communities, like the Muslim and Christian, some

people demand dowry. Often, discord in family is caused because of the continuous demand for dowry even after marriage. This may lead to divorce. Let us look at the issues of divorce and remarriage in India.

DIVORCE AND WIDOW REMARRIAGE

a) Divorce

The possibilities and mechanisms of dissolving a marital union have varied through time, between and within communities. Hindu marriage is in theory a sacrament and irrevocable. However, among many non-dwija (or non-twice born) castes, divorce is customarily allowed. When we say non-twice born castes, we mean those castes, which do not observe the practice of performing the life-cycle rituals or Hindu Samskara. Their performance symbolises the second birth or social birth of a biological person and hence the term twice-born for the first three categories of Hindu castes—the Brahmin, Kshatriya and Vaishya, which must and do perform these rituals. The notion that marriage is indissoluble has gradually been eroded and through legislation, the right of divorce has been introduced in all legal systems in India.

The grounds for divorce have been spelt out both by custom and by law in different communities. During 1940-48, several provinces and states passed laws permitting divorce for Hindus. The Special Marriage Act of 1954 introduced and ‘clarified the grounds for divorce’. It has been available to all Indians who have chosen to register their marriages under this Act. The Hindu Marriage Act of 1955 was amended several times since 1955 (the next one being in 1976) to incorporate a wide range of grounds for divorce available to both men and women coming under the purview of this Act. Some of the important grounds for divorce outlined by law are i) impotency, ii) lunacy (for a specified time period), iii) disappearance for seven years, iv) contagious disease, v) rape, vi) homo-sexuality, and vii) bestiality (sexual relationship between a human being and a lower animal). Now adultery and cruelty have also become the grounds on which divorce may be sought. The condition that one can apply for divorce after three years of marriage has been reduced to one year. The waiting period of divorce by mutual consent is now only 6 months.

Among the Muslims, marriage is a contract and divorce is allowed. Muslim law provides for different types of divorce of which talaq and khol need special mention. Talaq is an exjudicial divorce. It becomes effective if pronounced thrice unilaterally by the husband. It signifies the power the husband has to divorce his wife at will. The other form of divorce khol takes place by mutual consent.

Public attitude to divorce in a Hindu dominated culture is not yet very liberal in spite of the legal permission for divorce. In many communities of the Indian population, divorce even when it is required is not sought, despite legal provisions. Even in cases where women have turned to the legal system for help, law is not very clear about the rights of a woman in her marriage. For instance, the respective judgments of Andhra Pradesh High Court and Punjab High Court in two cases relating to the Hindu woman’s right in the matter of being a wife or a mother reflect the ambiguity. In one case in Andhra Pradesh the judgment favoured the woman. Her right to decide whether she wanted to bear the child of the husband whom she did not find compatible was upheld. In the other case in Punjab, the wife was held guilty for refusing to bear a child by her spouse whom she did not

find compatible. Women activists point out that though our constitution supports the notion of equality between sexes, the laws passed to promote such a notion have not been able to end the discrimination shown toward women. Even among the Muslims, where divorce has been permitted for a long time, laws favour men more than the women (Ghosh 1984).

b) Widow Remarriage

Certain sections of the Indian population have a tradition of widow remarriage. Levirate alliances have been reported among the Ahirs of Haryana, some Jats and Girjans and several castes in U.P. and among the Kodagu of Mysore (Gazetteer of India 1965: 541). In a levirate marriage, a man is obliged to marry the widow of a brother.

In many castes of the Hindu fold, widow remarriage has been customarily sanctioned and practised. Only those castes which imitate the life-style and values of the high castes adopt the practice of banning widow remarriage. Widow remarriage is permitted among the Muslims, Christians and Parsis. Among the Jains local and caste customs determine the issue. Generally, everywhere the widower has the right to remarry. The 1971 census of India showed that there were 8 million widowers as against 23 million widows (CSWI 1974: 77). In the year 1991, among the elderly (60+ age group) the percentage of widows was 60.7 and that of widowers was 19 (Census of India 1991). It is often said that the problem of widow remarriage is the problem only of a section of society because only the high castes put a strict ban on widow remarriage. Not only this, in the past, widows of some priestly castes, royal families were also expected to commit the practice of sati or widow burning. The practice of widow burning comprises self-immolation of the widow on the funeral pyre of her husband. Respect is paid to such women who end their lives as a mark of devotion to their husbands.

As early as in the nineteenth century, reformers like Vidyasagar, fought against the practice of sati and exploitation of widows. In 1856, the Hindu Widows Remarriage Act legalised the marriage of widows of all castes. Traditional notions about widow remarriage and the treatment of widows still seem to be prevalent. Widows are still regarded as inauspicious; they are not expected or permitted to participate in certain religious and social functions. It is shocking to hear that widows are still

burnt alive on their husband’s pyre and there is a section of the population, which glorifies such act. The most recent case of law being enacted to protect the woman victim is the law against the practice of widow burning or sati. This was passed by the Parliament in response to a national demand and reaction following the burning of a young educated woman, Roop Kanwar, on the funeral pyre of her husband in Deorala, a village in Rajasthan. The Act is called Commission of Sati (Prevention) Act, 1987.

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