Skip to main content Accessibility help
×
Hostname: page-component-76fb5796d-vfjqv Total loading time: 0 Render date: 2024-04-27T04:43:44.144Z Has data issue: false hasContentIssue false

2 - Committees, Codes, and Customs: Renegotiating Personal Law, 1957–69

Published online by Cambridge University Press:  20 May 2022

Saumya Saxena
Affiliation:
University of Cambridge
Get access

Summary

Marriage is the basis of the family and family is the basic unit of a society. We should not by legislation do anything which may shake the foundations of our society to their very root. The path to promiscuity should not be opened out.

—Central government to Madras government, 1967

Throughout its history, the pushback against the state's imagination of marriage (often shared with ways of the elite) has come from multiple stakeholders—individuals, activists, the women's movement, anti-caste movements, or even provincial/state governments. Yet the theorization of personal law regimes has tended to focus on particular legislations and cases such as the Hindu Code Bill debates in the 1950s or the Shah Bano case and the subsequent Muslim Women (Protection of Rights on Divorce) Act of 1986 as watershed moments. The excessive focus on legislative changes or landmark judgments in personal law produces an incomplete narrative of debates on family law, as it ignores the various unsuccessful attempts towards creating new legislation, which nonetheless contributed significantly to the political and social discourse. This chapter explores the role of various state-led initiatives in recognizing, validating, reforming, or modifying customary law and ritual practices in Hindu, Muslim, and Christian family law in the 1960s, in the aftermath of the Hindu Family Law Acts.

The various commissions, committees, and bills which attempted to amend Muslim and Christian family laws highlight the consistency of the state's concern and interest in codification. Law Commission reports on Christian marriage law and Muslim personal law illustrate also that these seemingly ‘unsuccessful’ attempts to spark legislative change were in fact transformative. The chapter probes the question, when and how is law reform deemed a success or a failure? The latter half of the chapter analyses how the state also confronted the diversity within Hinduism, as regional customs and practices were incorporated through amendments in different provinces. These parallel narratives of Christian, Muslim, and Hindu personal laws reveal the looming shadow of the Hindu Code Bill on family law debates.

As early as 1960–62, the Law Commission considered amendments to Christian marriage laws, and to the Indian Divorce Act of 1869. Despite multiple attempts by the national government, the bill for amending Christian marriage laws lapsed by the third Lok Sabha (1962–67).

Type
Chapter
Information
Divorce and Democracy
A History of Personal Law in Post-Independence India
, pp. 93 - 138
Publisher: Cambridge University Press
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×