Skip to main content Accessibility help
×
Hostname: page-component-69cd664f8f-trbww Total loading time: 0 Render date: 2025-03-12T10:56:39.039Z Has data issue: false hasContentIssue false

7 - Family Forms, Sexualities and Reconstituted Patriarchies

Published online by Cambridge University Press:  28 February 2025

Janaki Nair
Affiliation:
Jawaharlal Nehru University
HTML view is not available for this content. However, as you have access to this content, a full PDF is available via the 'Save PDF' action button.

Summary

How were family forms transformed by the intense focus on the child/woman, the widow and her sexuality? What links did these shifts have to dramatic changes in property ownership, and contests over inheritance of ancestral and self-earned property? How were exceptions to patriarchal/patrilineal descent within families reconstructed? What does case law tell us about whether women stood to gain or lose from changes in family forms?

In August 1936, Muthulakshmi Reddy, member of the AIWC and of the Madras legislature, said in an article entitled ‘A Plea for Marriage Reform’: ‘Marriage at any cost, under any circumstances and at any age has proved a bane to our Hindu community and has produced many undesirable results.’

Reddy's critique of the institution of marriage was important in its timing, coming at the end of a long phase of activity aimed at reforming the structure of the Indian family. Ashwini Tambe usefully tabulates ‘laws affecting the form of the family 1800–1947’ to include both those related to marriage (such as sati abolition, widow remarriage, women's right to property and succession acts) and those not related to marriage (ranging from the criminalization of homosexuality and the abolition of infanticide and the devadasi system, to protectionist measures in factory laws and the Maternity Benefit Acts). In crucial ways, the reforms of the previous century challenged a plurality of conventional kinship networks which were no longer adequate in meeting the demands of an urbanizing, modernizing society under the twin pressures of nascent capitalism and colonialism.

The transformations that affected the family form were not striving towards a preconceived homogeneous ideal. The extraordinary changes effected by colonial rule throughout the 19th century made the material and heteronormative (that is, relations between men and women) foundations of conventional familial relationships more visible but also more unstable, necessitating the recasting of the family. Some of this recasting occurred within the legal-juridical space, making obligations and rights of members of the emerging forms of family enforceable in a court of law, bringing to the foreground one of the principal functions of the family, as a means of transferring property.

Type
Chapter
Information
Women and Colonial Law
A Feminist Social History
, pp. 155 - 186
Publisher: Cambridge University Press
Print publication year: 2025
Creative Commons
Creative Common License - CCCreative Common License - BYCreative Common License - NC
This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC 4.0 https://creativecommons.org/cclicenses/

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] 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
×