Family, Marriage and Kinship II: Emergent Forms of Family, Changing Marriage and Care, Family Laws, Domestic Violence and Honour Killing
2. Changing marriage practices; changing care and support systems
Age at marriage has risen, though child marriage persists despite the Prohibition of Child Marriage Act, 2006 (minimum ages 21 for men and 18 for women). Arranged marriage remains the norm, but increasingly with the couple's consent and courtship before the wedding — often called 'arranged love' — and with matrimonial websites widening the search while still sorting by caste, religion and class. Inter-caste marriage remains a small minority of marriages. Dowry has spread rather than declined despite the Dowry Prohibition Act, 1961: M.N. Srinivas ('Some Reflections on Dowry', 1984) traced its spread to groups that once practised bride-price, linked to hypergamy, Sanskritisation and the growing value of educated, salaried grooms in a marriage market. Divorce, though rising, remains low and socially costly, especially for women. The Special Marriage Act, 1954 provides a civil route for inter-religious marriage, though its notice requirement has exposed couples to harassment.
Care for children, the sick and the elderly has rested on the family, and within it on women. That arrangement is under strain from smaller households, migration, women's paid work and population ageing. Arlie Hochschild's 'global care chains' (2000) describe how women from poorer places migrate to care for families in richer ones — Kerala nurses and domestic workers in the Gulf are examples — while their own children are cared for by other relatives. State and market provision is growing but uneven: anganwadis under the Integrated Child Development Services (1975), crèche requirements under the Maternity Benefit (Amendment) Act, 2017 (which extended paid maternity leave to 26 weeks), old-age pensions under the National Social Assistance Programme, and a private market of old-age homes and paid carers. The sociological question is whether these supplement or replace the family's moral obligations.
3. Family laws
| Law or judgment | Significance |
|---|---|
| Hindu Code (1955–56): Hindu Marriage Act, Hindu Succession Act, Hindu Minority and Guardianship Act, Hindu Adoptions and Maintenance Act | Made monogamy compulsory, allowed divorce and gave women property rights; Ambedkar resigned as Law Minister in 1951 over the delay of the Hindu Code Bill |
| Muslim Personal Law (Shariat) Application Act (1937); Dissolution of Muslim Marriages Act (1939) | Applied Shariat to Muslims in personal matters; gave Muslim women grounds to seek divorce through courts |
| Shah Bano (1985) and the Muslim Women (Protection of Rights on Divorce) Act (1986) | The Supreme Court upheld maintenance for a divorced Muslim woman under the general criminal procedure law; Parliament's 1986 Act, passed after protests, was later read (Danial Latifi, 2001) to require a fair provision |
| Shayara Bano (2017) and the Muslim Women (Protection of Rights on Marriage) Act (2019) | Instant triple talaq held unconstitutional, then made a criminal offence |
| Other personal laws; Article 44 | Christian (Indian Christian Marriage Act, 1872; Divorce Act, 1869) and Parsi (1936) laws; Article 44 directs the state to endeavour to secure a uniform civil code; Goa has long had a common civil code, and Uttarakhand enacted one in 2024 |
4. Domestic violence and crime against women; honour killing
Feminist sociology treats violence against women not as individual pathology but as an instrument that maintains patriarchal control. The Indian women's movement's campaigns in the late 1970s and 1980s produced Section 498A of the Indian Penal Code (1983), penalising cruelty by a husband or his relatives, and the offence of dowry death (1986). The Protection of Women from Domestic Violence Act, 2005 added civil remedies — protection orders, the right to reside in the shared household, and maintenance — and covers physical, sexual, verbal, emotional and economic abuse, including in relationships in the nature of marriage. Workplace harassment was addressed by the Vishaka guidelines (1997) and the Sexual Harassment of Women at Workplace Act (2013), and the Criminal Law (Amendment) Act, 2013, following the Justice Verma Committee after the December 2012 Delhi gang rape, widened definitions of sexual offences. These offences were carried into the Bharatiya Nyaya Sanhita, 2023, which replaced the Indian Penal Code from July 2024.
Honour killing is the murder, usually of a woman or a couple, by family or community members for a marriage or relationship that violates norms of caste, gotra or religion, justified as restoring family or community honour. Sociologists link it directly to the control of women's sexuality that preserves caste endogamy — Ambedkar's point that caste depends on policing marriage, and Uma Chakravarti's 'Brahmanical patriarchy'. Prem Chowdhry's Contentious Marriages, Eloping Couples (2007) studied northern India, where khap panchayats — caste-clan councils — have issued diktats against same-gotra and inter-caste marriages; the Manoj-Babli case (a couple killed in Haryana in 2007 for a same-gotra marriage) became a landmark prosecution. The Supreme Court held in Lata Singh (2006) that adults are free to marry whom they choose, and in Shakti Vahini (2018) declared khap interference in consenting adults' marriages illegal and laid down preventive, remedial and punitive guidelines.
Key takeaways
- A.M. Shah separated household from family and showed that households pass through a developmental cycle, so small households do not mean the end of joint family obligations; I.P. Desai measured degrees of jointness.
- Emergent forms include female-headed, single-person, live-in, same-sex and transnational families, each with a distinct legal position.
- Marriage is changing through later age at marriage, 'arranged love' and matrimonial websites, while dowry has spread (Srinivas) and inter-caste marriage remains rare; care is shifting to global care chains, anganwadis and markets.
- Family law runs from the Hindu Code and Shariat Act through Shah Bano and Shayara Bano to the Article 44 debate on a uniform civil code.
- Section 498A, the Domestic Violence Act (2005) and the 2013 amendments address violence against women; honour killing, tied to caste endogamy and khap authority, is addressed by Lata Singh (2006) and Shakti Vahini (2018).
Practice questions (10)
Attempt each one before opening the answer. Every explanation names the tempting wrong option as well as the right one, because that is where marks are lost.
A.M. Shah's contribution to the debate on the Indian joint family was to:
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Answer: D — Distinguish the household from the family and show households pass through a developmental cycle
In The Household Dimension of the Family in India (1973) Shah argued that confusing co-resident households with the wider family produced false claims of joint-family breakdown. Four kinship zones are Karve's; dominant caste is Srinivas's.In which case did the Supreme Court declare interference by caste councils in the marriages of consenting adults illegal and issue guidelines to prevent honour crimes?
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Answer: C — Shakti Vahini v. Union of India
Shakti Vahini (2018) held khap diktats against consenting adults' marriages illegal and laid down preventive, remedial and punitive measures. Vishaka dealt with workplace sexual harassment; Shah Bano with maintenance; Navtej with Section 377.Which of the following remedies are provided by the Protection of Women from Domestic Violence Act, 2005? Select all that apply.
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Answer: B — Monetary relief and maintenance; C — The right to reside in the shared household; D — Protection orders
The Act provides civil remedies — protection, residence, monetary, custody and compensation orders. It does not itself dissolve a marriage; divorce is governed by the relevant personal or civil marriage law.Arlie Hochschild's concept of 'global care chains' describes:
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Answer: D — Women migrating from poorer to richer places to provide care, while their own families are cared for by others
Hochschild (2000) described a series of links in which care flows from poorer to richer families across borders, with each link transferring care labour, typically from one woman to another.Assertion (A): Honour killings are closely linked to the maintenance of caste endogamy. Reason (R): Control over women's sexuality and marriage choices is the means by which caste boundaries are preserved. Choose the correct option.
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Answer: A — Both A and R are true, and R is the correct explanation of A
From Ambedkar's analysis of endogamy to Chakravarti's Brahmanical patriarchy, the policing of women's marriages is identified as the mechanism that reproduces caste — which is why transgressive marriages provoke such violence.M.N. Srinivas, in 'Some Reflections on Dowry', argued that dowry in modern India has:
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Answer: A — Spread to groups that previously practised bride-price
Srinivas (1984) linked the spread of 'modern dowry' to Sanskritisation, hypergamy and the high market value of educated, salaried grooms, which drew lower castes that once paid bride-price into dowry-giving.Which Section of the Indian Penal Code, added in 1983, made cruelty by a husband or his relatives towards a married woman a criminal offence? (Enter the section number)
Numerical answer — type the value.
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Answer: 498A
Section 498A (1983) was a product of the women's movement's anti-dowry campaigns; the offence has since been carried into the Bharatiya Nyaya Sanhita, 2023.Which pairing of judgment and its outcome is correct?
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Answer: D — Shayara Bano (2017) — instant triple talaq held unconstitutional
Shayara Bano struck down instant triple talaq. Lata Singh upheld adults' freedom to marry across caste; Supriyo Chakraborty declined to recognise same-sex marriage; Velusamy concerned relationships in the nature of marriage under the domestic violence law.Which book studied contentious marriages, eloping couples and caste councils in northern India?
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Answer: C — Prem Chowdhry, Contentious Marriages, Eloping Couples
Prem Chowdhry's Contentious Marriages, Eloping Couples: Gender, Caste, and Patriarchy in Northern India (2007) examined runaway marriages and the violent response of families and caste councils.Why do sociologists caution against treating the high proportion of nuclear households in census data as proof that the joint family has collapsed?
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Answer: B — Because households move through a developmental cycle and joint-family obligations persist across separate households
A snapshot catches many households at the nuclear phase of their cycle, and residence is only one dimension of jointness; property, ritual and mutual support often continue to bind separately living kin.