Anuja Agrawal (Editor) - Family Studies (Oxford Studies in Contemporary Indian Society) - Oxford University Press (2025)
Anuja Agrawal (Editor) - Family Studies (Oxford Studies in Contemporary Indian Society) - Oxford University Press (2025)
O X F O R D ST U D I E S I N C O N T E M P O R A R Y
I N D I A N S O C I ET Y
List of Figures ix
List of Tables xi
Brief Biographies of Contributors xiii
Introduction 1
Anuja Agrawal
PA RT I . C R I T I C A L R E O R I EN TAT I O NS
1. Misconceiving the ‘Indian Family’: The Politics of
Family-Based Discourse 47
Penny Vera-Sanso
2. The Insides and Outsides of Families: Social Reproduction
in Neoliberal Times 73
Kumkum Sangari
PA RT I I . BE Y O N D T H E ‘ N O R M AT I V E’ FA M I LY
3. ‘ To Restore the Comforts and Bliss of Married
Life’: Restitution of Conjugal Rights in Indian Law
and Practice 113
Sylvia Vatuk
4. Making Families without Wives: Kinship in the
Men’s Rights Movement 137
Srimati Basu
5. Marital Status Discrimination in India: Prospects and
Possibilities 159
Arijeet Ghosh and Diksha Sanyal
6. Familial Crisis and Marriage: The ‘Navigational Capacity
for Aspiration’ 187
Rama Srinivasan
viii Contents
PA RT I I I . T RUST, BET R AYA L , A N D
SH I F T I N G R EL AT I O NS
7. L
ocating Friendship in Family: A Study of Indian Elites 211
Parul Bhandari
8.
Spilt Blood: Kinship and Friendship in a Regime
of Violence 231
Soibam Haripriya
9.
Household Formation of Indian Migrant Parents
in Australia 251
Supriya Singh
PA RT I V. N EW PR A C T I C E S: FA M I LI A L A N D
M ET H O D O L O GI C A L
10.
Digital Mothering in Middle-Class Families 275
Shriram Venkatraman
11.
Displaying the ‘Family’ Online: Reflections on Syrian
Christian Visual Life 297
Nidhin Donald
12.
‘Seeing’ Family through Wedding Albums 327
Suryanandini Narain
Index 351
Figures
Anuja Agrawal is Professor and Head at the Department of Sociology, Delhi School
of Economics, University of Delhi where she has been teaching since 2005. She has
previously taught at the Lady Shri College for Women and was a Commonwealth
Scholar in 2000–01. Apart from many research papers and articles, she is the author
of Chaste Wives and Prostitute Sisters: Patriarchy and Prostitution among the Bedias of
India (Routledge, 2008) and editor of Migrant Women and Work (Sage Publications,
2006). She has written on a wide range of issues in the fields of family, kinship, mar-
riage, and gender studies. Her research interests also include Denotified communi-
ties, sex work, and migration.
Srimati Basu is Professor of Gender and Women’s Studies and Anthropology at the
University of Kentucky. She has widely written on gender, marriage, law, property
rights, and many other issues. She is the author of the monographs The Trouble with
Marriage: Feminists Confront Law and Violence in India (University of California
Press, 2015) and She Comes to Take Her Rights: Indian Women, Property and Propriety
(SUNY Press, 1999), editor of Dowry and Inheritance (Women Unlimited, 2005), and
co-editor (with Lucinda Ramberg) of Conjugality Unbound: Sexual Economy and the
Marital Form in India (Women Unlimited, 2014).
Parul Bhandari is Director of Studies for Human, Social, and Political Sciences
(HSPS), Associate Tutor, and Bye-Fellow at St Edmund’s College, University of
Cambridge. Prior to this, she was Associate Professor of Sociology at the O P Jindal
Global University, and Post-Doctoral Fellow at the Centre de Sciences Humaines
(Centre for Social Sciences and Humanities), New Delhi. She was also Book Reviews
Editor, Contributions to Indian Sociology. She completed her PhD from the University
of Cambridge and is the author/editor of four books: Dissent with Love: Ambiguity,
Affect and Transformation in South Asia (ed.) (Routledge, 2024); Matchmaking in
Middle Class India: Beyond Arranged and Love Marriage (Springer, 2020); Money,
Culture, Class: Elite Women as Modern Subjects (Routledge, 2019); and Exploring
Indian Modernities: Ideas and Practices (co-edited) (Springer, 2018).
Arijeet Ghosh is currently Associate Professor at Jindal Global Law School (JGLS),
O.P. Jindal Global University, India. He is a graduate of the Gujarat National Law
University (GNLU) and University College London (UCL). Prior to joining JGLS,
Arijeet worked with the Law Commission of India, policy think tanks such as Vidhi
Centre for Legal Policy and NGOs like Commonwealth Human Rights Initiative.
Arijeet has persistently worked in the area of human rights (with a focus on prison
conditions, rights of prisoners, gender and sexuality) and teaches courses on
Constitutional Law, International Human Rights Law, and Carcerality and Abolition.
Suryanandini Narain is Assistant Professor of Visual Studies at the School of Arts and
Aesthetics, Jawaharlal Nehru University, New Delhi. Her doctoral thesis addressed
the feminine figure in family photographs from Delhi. She has written on photog-
raphy in India, especially around themes of women, family, home, and studio photog-
raphy. She has recently co-edited a book on family photographs in India for Zubaan
books (2024). At the School of Arts and Aesthetics, Jawaharlal Nehru University, she
teaches courses on Indian visual culture, photography, aesthetic theory, and critical
writing.
Kumkum Sangari is the William F. Vilas Research Professor of English and the
Humanities at the University of Wisconsin-Milwaukee. She has been a Professorial
Fellow at the Centre for Contemporary Studies, New Delhi; a Visiting Fellow at Yale
University, Delhi University and Jadavpur University; and a Visiting Professor at
University of Chicago, Central European University, University of London (SOAS),
University of Erfurt, and Ambedkar University. She has published extensively on
British, American, and Indian literature, the gendering of South Asian medieval de-
votional traditions, nationalist figures, Bombay cinema, televisual memory, feminist
art practice, and several contemporary gender issues such as personal law, widow
immolation, domestic labour, the beauty industry, son selection, commercial sur-
rogacy, and gendered violence. She is the author of Solid Liquid: A (Trans)national
Reproductive Formation (2015) and Politics of the Possible: Essays on Gender, History,
Narratives, Colonial English (1999). She has co-edited several books including
Brief Biographies of Contributors xv
Recasting Women, From Myths to Markets and, most recently, has edited Arc Silt
Dive: The Works of Sheba Chhachhi (2016) and Trace Retrace: Paintings, Nilima
Sheikh (2013). Her writing has been translated into French, Hungarian, Turkish,
Hindi, and other Indian languages.
Supriya Singh is a writer and a sociologist of money and migration. She is Adjunct
Professor with the Department of Social Inquiry at La Trobe University, Melbourne.
Her research has focused on money, family, gender, and migration connecting with
social issues around marriage and banking, migration, remittances and the trans-
national family, gender, and economic abuse. Her recent book Domestic Economic
Abuse: The Violence of Money (Routledge, 2021) examines how money used without
morality leads to domestic economic abuse among Anglo-Celtic and Indian women
in Australia. She is also author of Money, Migration and Family: India to Australia
(Palgrave Macmillan, 2016) and Globalization and Money: A Global South Perspective
(Rowman & Littlefield, 2013). Marriage Money: The Social Shaping of Money in
Marriage & Banking (Allen & Unwin, 1997) draws on her PhD thesis at La Trobe
University, and was awarded the Jean Martin Prize for the best Sociology thesis in
Australia, 1993–95.
Family/Families?
Anuja Agrawal, Introduction In: Family Studies. Edited by: Anuja Agrawal, Oxford University Press.
© Oxford University Press 2024. DOI: 10.1093/9780198930723.003.0001
2 Anuja Agrawal
manner of their imbrication in larger social structures invariable across
times. While families continue to prevail in their multiple manifestations,
fears about the demise of family can be seen as a reflection of anxieties
about waning of family forms that are dominant and socially and pol-
itically idealized. Such fears are indeed another indication of the lack of
permanence of specific family constellations and the mutability of their
boundaries and meanings.
As the primary site of social reproduction, family, in its normative as
well as non-normative forms, is a source of care, nurturance, and affec-
tion as well as considerable violence and inequity. Its centrality to social
reproduction as well as economic and political entitlements is also the
reason why family life and family formation are contested locations of
relations subject to multiple forms of constraints and control, material,
and non-material. There are different stakes that shape the degrees of
valuation and legitimacy that varied family configurations enjoy. The
overriding significance that the normative family often comes to have in
society also derives from its being the most fundamental category of so-
cial belonging which mediates inclusion in (and exclusion from) a host
of larger social entities and identities, such as caste, class, religion, ethnic
groups, and even the nation. Family as an ideal is regenerated, reinvig-
orated, and regulated, not just in service of such groupings but also for
myriad other political and economic purposes. ‘Families’ are thus a site of
complex, dense ties and deep emotions, while ‘family’ is a part and parcel
of political projects, ideological currents, and imagined realities.1
How should we go about understanding such a significant aspect of
our lives? Indeed, what should ‘Family Studies’ look like as we enter the
second quarter of the twenty-first century? What follows is a consider-
ation of these questions from the point of view of an Indian social sci-
entist located within Indian academia making a case for strengthening
Family Studies in India.2
It is almost a cliché to say that family is one of the major pillars of Indian
society alongside religion, caste, as also the village. In being treated as
having a ‘collectivist’ as opposed to ‘individualist’ orientation, Indians,
even those away from India, are treated as being especially ‘family-
oriented’. It is not at all unusual for ordinary Indians to express pride in
the resilience of ‘Indian family’ and treat this as a cultural marker. This
centrality of family in the construction of an ‘Indian’ identity should be
sufficient as the raison d’être for a volume devoted to family studies. But
this is not the only reason for strengthening Family Studies in India, as
should be obvious by now.
The question then is, how do we go about revitalizing ‘Family Studies’
in order to meet the challenges of grasping the significance of this key in-
stitution in contemporary Indian society? The above discussion makes
it obvious that the gaps in the study of family/families in India, with
all their complexity, cannot be filled without, both, the attention of di-
verse social sciences with their varied disciplinary and methodological
strengths as well as dialogues across these diversities. Given the multiple
sites, impetus, and trajectories that have shaped the study of family in
India, the present volume is a collection of chapters which are products
of these very diverse trajectories but also seek to move beyond them. The
volume brings together twelve chapters by scholars from different dis-
ciplinary backgrounds. The chapters are divided into four parts which
reflect the main argument of this volume that a critically reoriented study
of family should move forward by challenging the normative definitions
of family and marriage at the same time as it continuously engages with
the hold these have in the lives of people. The volume also suggests that
family studies need to further stretch their boundaries analytically, em-
pirically, and methodologically by bringing into their ambit a wider set
of intimate relations, as well as more actively engaging with new political,
economic, social, and technological dynamics that ‘family’ is implicated
in and in which ‘families’ find themselves immersed.
Part I of the volume is titled ‘Critical Reorientations’ and includes two
chapters that provide an analysis of the problems with how family and
households in India have been conceptualized as well as how we need
to move forward. Both chapters challenge bounded notions of family
Introduction 21
and engage, in very different ways, with how family relationships and
household forms experience new crises which are negotiated in the con-
text of economic, political, and technological shifts in society. The first in
this part, Penny Vera-Sanso’s chapter titled ‘Misconceiving “The Indian
Family”: The Politics of Family-Based Discourse’, engages with the pre-
occupation of public discourse as well as family scholarship with ideal-
ized and de-contextualized notions of family. As discussed previously
in this Introduction, the construal of the Indian family as one which has
quintessentially been ‘joint’ or extended, and the lamentations regarding
its ongoing demise, is one such preoccupation which not only has a so-
cial purchase but also finds significant resonances in academic and policy
debates. Vera-Sanso demonstrates how culturalist definitions of Indian
family obscure the socio-economic foundations of family structures and
instead treat families which depart from an idealized norm as undesir-
able and dysfunctional. Such discourses, which often underpin public
policy-making, allow the state to take on the role of ‘family norm en-
forcer’ instead of being an ‘upholder of rights’, she argues. Drawing upon
three decades of research in both urban and rural Tamil Nadu, Vera-
Sanso shows how self-definitions of households are extremely variable
and that household boundaries are quite fluid and shift in response to
the need for interdependence as well as that for separation of household
budgets under conditions of precarity. Vera-Sanso argues that the heavy
reliance upon unfounded definitions of family should be seen as part of
the ‘structural violence toolkit’.
In the second chapter, ‘The Insides and Outsides of Families: Social
Reproduction in Neoliberal Times’, Kumkum Sangari provides a much-
needed critical framework that challenges the idea that family is an au-
tonomous entity having clearly demarcated boundaries. She shows how,
as a highly gendered as well as caste differentiated locus of ‘extended so-
cial reproduction’, family/families in India are deeply implicated with the
patriarchal logics of the market and the state. While remaining particu-
larly attentive to the diverse forms families take, this chapter allows us to
see how, as a form of regulation of labour, family is a node manifesting the
convergence of multiple caste and class-structured hierarchies that create
familial dispositions and crisis, which acquire specific inflections in the
neoliberal context. Sangari provides a nuanced analysis of how some
of the recent legislative moves, such as the Maintenance and Welfare of
22 Anuja Agrawal
Parents and Senior Citizens Act of 2007 and the Surrogacy Regulation
Bills (2016, 2019),42 are redefining the ‘contracts’ that structure relations
of marriage and procreation and how this instantiates the declining cap-
acity of family to absorb risk. Vera Sanso’s specific attention to household
dynamics and Sangari’s analysis of the neoliberal forces that are at work
in shaping family in India thus together provide very valuable frame-
works that should orient future critical analysis of family and should be
read as most important contributions to this volume.
Following on from the first part, the second part of this volume, titled
‘Beyond the “Normative” Family’, directs our critical attention to the in-
stitution of marriage, the other significant pillar which is as idealized as
the joint family/household and on which the ‘Indian family’ is seen as
resting. While retaining the overall focus on the economic and political
aspects of family which this volume seeks to place special emphasis upon,
the chapters in Part II turn our focus towards how, contrary to its ideal-
ised positioning, the normative discourse on marriage remains overpow-
ering while also being subject to challenge at several levels. Here we also
direct our attention to the shifts in legal and property regimes, that are
both very significant arenas in which contestations around family, and es-
pecially marriage, take place. As a crucial site for securing women’s rights
within the family in the existing regime of personal laws and the ongoing
attempts to bring about a uniform civil code, and as a continued source
of significant exclusions of the socially non-conforming relationships,
the legal domain is a very crucial context for a discussion of family re-
lationships in contemporary contexts. Similarly, shifts in distribution of
resources, particularly the increasing lack of employment opportunities,
the changing agrarian landscape, as well as growing social insecurities,
are important contexts for examining the response of social actors in dif-
ferent familial settings. Significantly, focusing upon these contexts brings
back the spotlight on family as a significant arena in which individual
claims to valued resources are established, challenged, and renegotiated.
In Part II, the first chapter by Sylvia Vatuk, Chapter 3, titled ‘ “To
Restore the Comforts and Bliss of Married Life”: Restitution of Conjugal
Rights in Indian Law and Practice’, engages with a prevalent form of
marital litigation, which is more than a century old and persists despite
its original source in British laws that have since been repealed. It is not
a surprise that the law around ‘restitution of conjugal rights’, one that is
Introduction 23
largely used by men to reinforce their marital privileges, should have
such staying power despite the numerous legal challenges it has faced.
Interestingly, even though there is no provision of restitution of conjugal
rights in the Muslim personal law, cases involving Muslim couples are
brought to the courts, again with disproportionate frequency, by men
and not women. Vatuk takes us through the vicissitudes of such cases and
how they are largely adjudicated within a framework which privileges the
sanctity of marriage over the rights of women. Significantly, she points
out that neither the broader Indian women’s movement nor Muslim
women’s movements, both of which have significantly invested in legal
reform otherwise, have taken an issue with the use of this provision in
courts, often to the detriment of women. That such provisions which de-
rive their efficacy from extant and questionable notions of marriage can
continue to operate both from within and from outside the provisions
of a personal law regime is something towards which we need to be very
alert in light of the recent moves which favour promulgation of a uniform
civil code. That such issues have also escaped the Indian women’s move-
ment is a pointer to the need for sustained academic attention to a wider
array of issues instead of just being led by the politically exigent issues in
the public eye.
As noted above, the Indian women’s movement has seen legal reform
as a major tool for addressing issues of gender inequality. Yet, the varied
consequences of legal interventions, intended or unintended, made in
the name of women’s rights often go unexamined.43 Indeed, examining
how relations within the family shift in light of new legal provisions,
whether they relate to inheritance, dowry, or to domestic violence, re-
mains a task for both family as well as feminist scholarship to continue to
engage with. As a move forward in this direction, Srimati Basu’s chapter
(Chapter 4), titled ‘Making Families without Wives: Kinship in the Men’s
Rights Movement’, deals with a significant challenge to women-centric
laws enacted by the post-colonial Indian legislature and the ways in
which the latter have been mobilized in Indian courts. Basu draws atten-
tion to the emergence of ‘Men’s Rights Movements’ in India which are
precisely galvanized by the resentment against provisions such as Section
498A of the Indian Penal Code and the provisions of the Protection of
Women from Domestic Violence Act, 2005 which are perceived as dis-
criminatory towards men and destructive of the ‘Indian family’, a highly
24 Anuja Agrawal
gendered construct. Her chapter provides a nuanced analysis of the dif-
ferent ways in which men, who see themselves as victims of the new legal
instruments in the hands of women, construe their victimization and
craft their post-divorce lives. Such research which focuses upon the spill-
out of legislative moves that realign the power equations in the family is
thus a direction in research that needs to be taken much further in future
research.
A third chapter in this part deals with how the privileging of hetero-
sexual, monogamous, marriage in the Indian legal system and policy
frameworks creates systematic exclusions of those who do not conform to
this hegemonic norm. In their chapter (Chapter 5) titled ‘Marital Status
Discrimination in India: Prospects and Possibilities’, Arijeet Ghosh and
Diksha Sanyal provide an extensive overview of provisions cutting across
different family laws, provisions in policies related to labour and welfare,
health, housing, and citizenship to show how these are based on a narrow
understanding of family, once again highlighting the power of idealized
notions to disrupt lives of those who are single, in a same-sex or other
non-normative relationship. Since the anti-discrimination provisions of
Indian constitution and statutory law so far do not include provisions re-
garding discrimination based on ‘marital-status’, these laws and policies
can defy legal challenges. Ghosh and Sanyal, therefore, try to analyse
whether a case for legal recognition of marital status discrimination can
be made in the Indian context. This is also being advocated by civil so-
ciety groups in India in recent times and is also already accepted in some
other parts of the world. This chapter thus provides palpable evidence of
how idealization of a particular form of heterosexual marital norm has
real life consequences for people, a discussion that is particularly signifi-
cant in the context of ongoing debates regarding legal recognition for
same-sex marriage in India.
In Part II’s final chapter (Chapter 6), titled ‘Familial Crisis and
Marriage: The “Navigational Capacity for Aspiration” ’, Rama Srinivasan
provides an ethnographically grounded analysis of how the long-
standing gendered patterns of rural North Indian families are giving
way in the context of changing property relations within the agricul-
tural context. In Haryana and Punjab, the prime locations of the ‘Green
Revolution’, land ownership which was once a source of family pride
and prosperity for male members is decreasingly a source of steady
Introduction 25
income and local dominance. The stresses within such contexts be-
came quite palpable during the farmers’ agitation in response to Central
Government’s attempt to promulgate new farm laws in 2020–21. Building
upon her previous work (2020) in one such rural context where she has
traced the effects of the loss of land on masculinity and the aspirations
of millennials, particularly women, Srinivasan focuses upon the aspir-
ations of young married women who she finds dwelling in ‘disjointed
ethnoscapes’ in such a ‘post-agrarian’ scenario that does not mandate
women’s unrecognized labour in family-held land for the enrichment
of their male relatives. These aspirations are also reflected in shifting
priorities as far as marriage and marital partners are concerned. Non-
normative and even inter-caste marriages, as well as women’s pursuit of
educational and career aspirations after marriage, have become a possi-
bility in recent times in contexts of declining size of land-holdings in such
contexts. This chapter thus highlights how post-agrarian India creates
new crisis as well as opportunities. Family relationships in such a context
have remained largely uncharted.
Part III, titled ‘Trust, Betrayal, and Shifting Relations’, focuses upon
some of the less explored aspects and contexts of family relationships. It
includes three chapters, each from very different contexts, one ridden with
political violence, a second from a privileged elite setting, and a third from
a transnational context. Each of the chapters focuses upon how relation-
ships of trust and dependence, which are treated as characteristic of family,
shift in response to internal as well as external pressures. Parul Bhandari’s
chapter (Chapter 7), titled ‘Locating Friendship in Family: A Study of
Indian Elites’, focuses upon how relationships couched in the idiom of
friendship are forged by young married women in families of Delhi’s busi-
ness elite. Even though these relations are modelled on friendship, it is
interesting that who can be a friend in this context is closely tied with the
conflicting interests within a property holding group and conversely such
relationships also suffer when the conflicting interests become overpow-
ering. The prevalence of the idiom of friendship in some of the relation-
ships within the extended family and the oft-experienced betrayal of trust
in such relationships yet again brings forth the contradictory sentiments
which structure relationships among family members. Much work needs
to be done to understand the minutiae of the changing forms of relation-
ships within the family, which go beyond the ones between husband and
26 Anuja Agrawal
wife or parent and child. Bhandari’s ethnographic account provides us a
window into one such instance, which also highlights the importance of
bringing relationships of friendship within the ambit of family studies.
The chapter also gives us a good insight into how the overarching prop-
erty relationships that structure families shape the possibility of relation-
ships of trust and intimacy among family members.
Soibam Haripriya’s chapter (Chapter 8), ‘Spilt Blood: Kinship and
Friendship in a Regime of Violence’, focuses upon another context that
brings the basic premises of family relationships under stress, now a pol-
itically fraught one. Soibam looks at how prolonged political violence in
North Eastern States like Manipur that have been subject to tyrannical
laws such as the Armed Forces Special Powers Act (AFSPA), 1958, im-
pair relationships of family and friendship. Using fiction and anecdotes
in order to grasp at this disturbing reality, she shows how intimate rela-
tions based on trust and loyalty come under duress owing to the constant
surveillance and scrutiny by both state and non-state militarized groups
given the dire repercussions of being identified as a collaborator or sym-
pathizer by virtue of such relationships. This chapter may be seen as an
addition to research in a largely uncharted territory, that is, family rela-
tionships in contexts of political turmoil and violence.44
Supriya Singh’s chapter (Chapter 9), titled ‘Household Formation of
Indian Migrant Parents in Australia’, which can also be read along with
Vera-Sanso’s chapter in Part I, provides us with a discussion of the pres-
sures that shape household formation, now under conditions of inter-
national migration. As discussed above, the implications of long-distance
migration on family relations remain under-researched in Indian context
and we need a lot more empirical research to appreciate the impact that
both migration itself as well as the policies of the host and sending soci-
eties have on family formation in host societies as well as on maintenance
of relations with family members back home. On the basis of her long-
term research with Indian migrants in Australia, Singh is able to show
how household formation ideals among Indian migrants who have aged
in Australia are different from that of parent-migrants who have migrated
following their children. The varied kinds of households which these dif-
ferent sets of migrants aspire towards or are able to achieve are an out-
come of how migration policies, which increasingly entail a significant
economic payout in the form of Visa-Fees, turn around the direction of
Introduction 27
intergenerational economic dependence generating fears about abuse
and neglect. Thus, as already discussed above, studying family in rela-
tion to migration is a very important context to re-examine our under-
standing of family life.
The final part of this volume, Part IV, titled ‘New Practices: Familial
and Methodological’, deals with the significance that visual as well as
digital technologies have acquired in shaping and representing family
lives, which were discussed at the end of the previous section of this
introduction. It consists of a set of three methodologically innovative
chapters. In the first chapter (Chapter 10), we turn to an ethnographic
foray into a conundrum being experienced by many: the entry of digital
technologies and social media into our family lives, the impact of which
we have very little understanding. In his chapter titled ‘Digital Mothering
in Middle-Class Families’, Shriram Venkatraman, offers us a composite
ethnographic account from Chennai that shows how digital technology
has become integral to middle-class parenting practices, especially when
it comes to mothers in full-time paid employment. Parenting, it seems, is
still primarily a woman’s responsibility and in middle-class families this
now also entails regulating children’s usage of technology in a context
where it is becoming ubiquitous. Venkatraman brings forth how digital
technologies raise new questions about work and play. For the resolution
and reassurance regarding new conundrums that thus arise, women
increasingly turn to their own peers, again using digitally mediated so-
cial media platforms. Interestingly, this account of digital parenting/
mothering spans across the period prior to the Covid-19 pandemic in-
duced lockdown period to the phase, during which families were con-
fined to their homes and were subjected to ‘work (and study) from home’
regimens. This chapter thus not only provides us an intimate peep into
how digital technologies are both, used as a means to parent as well as a
source of anxiety and doubt among mothers of school-going children,
but it also provides a foray into what work-from-home looks like from
the point of view of both parents and children. Yet again, this chapter can
be seen as opening up a whole new area of research into how digital tech-
nologies bring new issues into the familial domain, which are not only
confined to parenting but also relate to new forms of digitally mediated
intimacies and interfaces that are a source of many new familial anxieties
and unresolved conflicts.
28 Anuja Agrawal
The two remaining chapters in Part IV engage with the use of new
digital and visual technologies in the idealized constructions of family.
Nidhin Donald’s chapter (Chapter 11) titled ‘Displaying the “Family”
Online: Reflections on Syrian Christian Visual Life’, focuses upon how
the websites of the Syrian Christian family associations document and
represent the activities and images of their family lives and association
activities. The visual displays on these websites act as pedagogic tools,
argues Donald, in representing idealized versions of Syrian Christian
family and its embeddedness in extended kin and community networks.
This chapter also brings into focus the activities of extended family net-
works as distinct from caste and religion-based networks and the dis-
tinctive role they play in people’s lives. This also remains an exceedingly
under-explored dimension of family life in India. Donald’s chapter is also
very innovative in using his own artistic renditions of the visual repre-
sentation on these websites and opens new possibilities of engaging with
and showcasing visual data. Suryanandini Narain’s chapter (Chapter 12),
titled ‘ “Seeing” Family through Wedding Albums’, is the final one in the
book and deals with a genre of visual representations which has a some-
what longer trajectory but has not been sufficiently engaged with in the
study of family. Narain looks at the changing forms that wedding pho-
tography has taken in north Indian context and examines the potential
of reading the particularities of family life and its representations into
this widespread practice. All three chapter in Part IV provide us with
instances of innovative methods of eliciting practices that engage in the
construction of family life and dealing with new challenges that families
face with increasing frequency.
The volume therefore provides a collection of chapters which should
be seen as forging new links across disciplinary boundaries to provide
a new critically oriented field of Family Studies. The collection makes
no claim to comprehensiveness in its coverage of all issues, nor does it
pretend to be equally representative of families located in different social
positions. Not only would such comprehensiveness be beyond the scope
of this, or indeed, any single volume on family/families, one also needs
to acknowledge the limitations posed by the gaps in the existing state of
the field on the composition of this volume itself. In this context, the need
for extensive research on families on the margins of the social, economic,
and political order cannot be overemphasized. That even this volume
Introduction 29
does not do justice to such a need is a testimony to this gaping hole in
family studies in India. On the other hand, this volume should also be
read as making a case for treating family as not merely a unit subsumed
within larger (caste, class, ethnic, religious, or national) entities but as
one which lies at the intersection of a multiplicity of forces with which its
members engage and negotiate and by which they are constrained and
controlled in varying degrees. In so arguing, we cannot overstress the
limitations of perspectives which idealize any one form or structure of
family. It is hoped that this volume has been successful in making a case
for dismantling such extant notions about Indian families in particular
and family in general.
Notes
1. In the rest of this Introduction, I use the term ‘family’ in both these senses.
2. The discussion of prior research in the following sections of this Introduction, al-
though extensive, is by no means exhaustive and should only be read as indicative
of the broad trends in this vast field.
3. Please note: all multiple citations in this book are listed in chronological order by
year of publication.
4. See Devi Prasad (2020) for a discussion of development of family studies in
Western as well as Indian contexts.
5. Dube (1969) and Ahmed (1976) are early exceptions to the trend. Research on
Muslim family law (see Vatuk, 2017) and demographically oriented research
have also partly compensated for this gap (see Jeffery and Jeffery, 1997). But such
studies are revealing of the narrow though significant contexts that have brought
attention to family among religious minorities.
6. Kolenda (1987) is among the earlier few who provided important insights on mar-
riage among the ‘untouchable’ communities. Also see Agrawal (2008); Chakravarti
(2006); Chowdhry (2007); Grover (2011); Hinchy (2020); Still (2014).
7. See Mayer (1960); Parry (1979) as examples of this focus. That this framework still
retains its significance is attested by an essay on ‘Caste and Kinship’ (Abraham,
2023), in a recently edited volume. Notably, the volume has no separate discussion
on caste and family. A significant older essay which had, however, focused atten-
tion on family in relation with caste is Béteille (1991).
8. Madan (1966) and Ahmed (1976) are just a few examples of this widespread trend.
9. Palriwala (2020), for instance, reiterates the desirability of a close connection be-
tween family and kinship studies.
30 Anuja Agrawal
10. The title of the volume Family, Kinship and Marriage in India (Uberoi, 1993a)
begins with ‘Family’ although the writings specifically focusing on family are the
fewest in number and relegated to the last section of the volume titled ‘Family,
Household and Social Change’.
11. In the Encyclopaedia of Sociology and Social Anthropology edited by Das
(2003) essays on kinship, marriage, and family were grouped as ‘The personal
sphere and its articulation’. A volume brought out as part of the celebration of
Contributions to Indian Sociology’s fiftieth anniversary (Srivastava et al., 2019)
only had one article on intimacy (Mody, 2019) and another on marital dissol-
ution (Grover, 2019).
12. The Centre is named after the British family sociologist David H. J. Morgan. See
https://www.socialsciences.manchester.ac.uk/morgan-centre/about-us/ (last ac-
cessed on 18 February 2024).
13. See Agnes (2011, 2012); Menski (2001); Parashar and Dhanda (2008); Uberoi
(2009) for more recent exegesis.
14. See Chandra (1998); John (2005); Pande (2020); Sangari and Vaid (1989); Sarkar
and Sarkar (2007); Sinha (2006).
15. See Agarwal (1994); Basu (2001, 2005); Bhattacharya (2004); Chowdhry (2007);
Deshmukh-Ranadive (2008); Gangoli and Rew (2011); Oldenburg (2002); Rao
(2018); Welchman and Hossain (2005).
16. A testimony to this trend is the five volumes brought out in the late 1980s and
early 1990s in the series Women and Household in Asia (see Agarwal, 1988; Dube
and Palriwala, 1990; Krishnaraj and Chanana, 1989; Saradamoni, 1992; Singh
and Kelles-Viitanen, 1987). Also see Derne (1995); Dube (1997); Jeffery (1979);
Jeffery and Jeffery (1996); Kapadia (1995); Nishimura (1998); Nongbri (1988);
Palriwala (1994); Palriwala and Risseeuw (1996); Raheja and Gold (1994).
17. See Bhan and Narrain (2005); Kumar (2020); Menon (2007); Narrain and Gupta
(2011); Rinchin (2005).
18. See Pattanaik (2014); Vanita (2005). Also see Agrawal (2008); Ghosh (2008);
Hinchy (2019); Kumar (2020); Ramberg (2014); Ranade et al. (2020); Reddy
(2006); Rinchin (2005); Shah (2005).
19. The relevance of studying conceptualizations of family and marriage within con-
temporary social and political movements also needs to be emphasized here. See
Roy (2006) and Samant (2016).
20. See Agnes (2001); Basu (2015); Grover (2019); Holden (2008); Lemons (2019);
Lobo and Bharati (2019); Newbigin (2013); Sinha (2012); Solanki (2011);
Sturman (2017); Subramanian (2014); Vatuk (2017).
21. The Uniform Civil Code of Uttarakhand was passed in February 2024. See
https://www.livelaw.in/pdf_upload/civil-code-bill-english0001-520761.pdf (last
accessed on 22 February 2024).
22. See Bhandari (2020); Fruzzetti (2013); Fuller and Narsimhan (2008); Grover
(2011); Mody (2008); Parry (2001); Srinivasan (2020).
Introduction 31
23. See Basu and Ramberg (2015); Kaur and Palriwala (2014); Lobo and Bharati
(2019); Sen et al. (2011); also see Economic and Political Weekly, 2005, 40 (8);
2012, 47 (43); Modern Asian Studies, 2016, 50 (4).
24. As part of the Sociological Bulletin series Themes in Indian Sociology, two vol-
umes were brought out. While Rege (2003) included essays on family informed
by gender, Patel (2005) excluded such essays.
25. The Six Cultures study by Whiting (1963) had one whole section and Minturn
and Hitchcock (1966) also dealt with child-rearing practices in India. Also see
Minturn and Lambert (1964) and Seymour (1990).
26. See Behera (2007); Khalakdina (2017); Pathak-Shelet and Bhatia (2021);
Saraswathi et al. (2018); Tuli (2012).
27. See, for example, Carstairs (1957); Kakar (1978); Kumar et al. (2018); Kurtz
(1992); Sharma (2003).
28. But see Marks and Rathbone (1983) and Sooryamoorthy and Chetty (2015) for
overviews of discussion on family in Africa and Esteve et al. (2022) for an over-
view of research on Family in Latin America.
29. Interestingly, attempts to consider South Asian family alongside the broader
Asian or South-East Asian contexts have already been undertaken (see Ochiai
and Uberoi, 2021; Yeung et al., 2018).
30. The series titled The Intimate and the Public in Asian and Global Perspectives is
a product of the work done by this centre. See https://brill.com/display/serial/
IPAP?language =en (last accessed on 18 February 2024).
31. This cluster closed in December 2021. See https://ari.nus.edu.sg/clusters/previ
ous-clusters/ (last accessed on 18 February 2024).
32. Also see Breton (2019).
33. See Croll (2002); Das Gupta (1987); Larsen and Kaur (2013); Miller (1997);
Patel (2007); Sen (1990).
34. See Devika (2008); Pinto (2012); Saavala (2001); Unnithan-Kumar (2004); Van
Hollen (2003).
35. See Deomampo (2016); Majumdar (2017); Pande (2014); Rudrappa (2015);
Sangari (2015).
36. See Lamb (2009); Brosius and Mandoki (2020). Even in the later decades of the
twentieth century, there were a lot of scholarly discussions on aging. See Vatuk
(1990) for instance.
37. See Addlakha (2008, 2020); Brijnath (2014); Chakravarti (2008); Cohen (1998);
Mehrotra (2006); Sen (2018); Vaidya (2016).
38. See, for instance, Dickey (2000); Grover (2017, 2018); Grover et al. (2018); Ray
and Qayum (2010).
39. See Chaudhry (2021); Kaur (2010, 2012, 2014); Mishra (2013).
40. The literature on migration and transnationalism in relation to family and mar-
riage is too vast to be mentioned here. But see Baldassar and Merla, 2014 and
Bryceson and Vuorela (2002).
32 Anuja Agrawal
41. See Aguiar (2018); Ballard (2004); Nayar (2004); Palriwala and Uberoi (2008);
Shaw (2000); Singh (2016); Sooryamoorthy (2012).
42. The text of these Bills can be found at https://prsindia.org/billtrack/the-surrog
acy-regulation-bill-2016 and https://prsindia.org/billtrack/the-surrogacy-reg
ulation-bill-2019 (last accessed on 1 July 2024).
43. However, see Basu (2001); Chowdhry (1997).
44. Das (1995) is one of the few studies that have engaged with such a question. The
context of India–Pakistan partition explored in her work was, however, very dif-
ferent from the one that characterizes conditions of prolonged militarization
that is the subject matter of this chapter. There are some more studies looking
at the implications of cross-border intimacies as well as family in conflict zones.
See Smith (2020) and essays by Faheem (2020) and Sen (2020) on Kashmir and
Central Indian conflict zone. Other new and contested sites where family is being
used as a means to secure belonging are the National Register of Citizens and the
Citizenship Amendment Act of 2019 (see Roy, 2022).
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PART I
CR ITIC A L R EOR I EN TATIONS
1
Misconceiving the ‘Indian Family’
The Politics of Family-Based Discourse
Penny Vera-Sanso*
The idea of ‘the family’ or ‘the household’ as having fixed, clear bound-
aries and functions is a figment of the imagination. After over a century
of family research in India the central sociological question that needs
addressing is not what are the trends in family and household forma-
tion but what functions do definitions of family and household serve?
Whose interests are advanced by particular definitions? What erasures
are required to set a definition and what are their effects on public dis-
course, public policy and individual rights to and within households
and families? Most importantly, do household definitions stigmatize and
constrain lives while pulling the determinants of family and household
relations out of the frame of analysis? If the answer is yes, then should
definitions of family and household be seen as a key tool in the structural
violence toolkit? At the heart of the issue raised here is the failure to ac-
knowledge that definitions are cultural and cultures are political. Rather
than being long-established ways of being and thinking, cultures are a
contingent negotiation, navigation, and manufacturing of ideas under-
pinned by unequal power relations.
This chapter makes an innovative contribution to family studies by
examining the consequences of family definitions found in public and
private discourse in India. This may be of interest to people studying
family relations in societies that are thought to be transitioning from
* Many thanks are due to the numerous people who have supported my research over the
years with their time, thoughts, encouragement, and patience. In relation to this chapter, I would
like to thank Anuja Agrawal, Patricia Uberoi, and Srimati Basu.
Penny Vera-Sanso, Misconceiving the ‘Indian Family’ In: Family Studies. Edited by: Anuja Agrawal,
Oxford University Press. © Oxford University Press 2024. DOI: 10.1093/9780198930723.003.0002
48 Penny Vera-Sanso
‘traditional’ to ‘modern’. It will point to the way public discourse, which
circulates in the fields of academia, politics, and old and new media, mar-
shals decontextualized definitions of family values to explain away social
ills as family failings. This not only sets socio-economic determinants
outside the explanatory framework but allocates to government the role
of family norm enforcer, rather than rights upholder and social protec-
tion floor provider. The chapter draws on three decades of research in
urban and rural Tamil Nadu, India, to demonstrate how an analysis that
centres on socio-economic context can explain shifting family patterns
without resorting to ‘dysfunctional families’, ‘changing values’, or ‘cultural
erosion’. It will demonstrate that family definitions are deployed to shape
relations and resource access at the micro level, as they are at the macro.
Family form and values are frequently invoked as the explanatory variable
when considering later life support and care. Rapid population ageing in
Low and Middle Income Countries (hereafter LMICs), where over 70
per cent of the world’s over-sixty-five population lives (United Nations,
2019b), has led to a resurgence of discourse on family and household re-
lations. Public, political, and scholarly discourses on intergenerational
relations in LMICs overwhelmingly lament a decline in family values,
a decline of joint and extended families, and a rise in nuclear families.
These are erroneously attributed to modernization and industrialization.
Far from reflecting an empirical reality, discourses on changing family
values are the product of wider political agendas.
Although declining joint family numbers are posited as recent in
public, political, and scholarly discourse, this is erroneous. Rather the
Censuses of 1820–30 (Shah, 1968) and 1867–1951 (Orenstein, 1961)
show no decline in the average family size of 4–5 people, which remains
the family average in India’s contemporary censuses and is the standard
used in government policies. Despite the lack of evidence in Census
data for the disintegration argument, joint family decline was being la-
mented in India for at least the past century (Chatterji, 1921; Hill, 1933).
Not everyone, however, saw it as a loss. The 1911 Census identification
of the similarity of family size in India and in European nuclear families
Misconceiving the ‘Indian Family ’ 49
(4.9 persons) was claimed as the colonial government’s achievement. At
that time it was supported by social reformers in India as joint families
were thought to be a hindrance to productivity, progress, and women’s
rights (Denault, 2009).
Rather than being the dominant family form, historical research finds
that the ‘Hindu joint family’ as a property-holding social category came
into existence in the late eighteenth and early nineteenth century as the
colonial state constructed its relationship with its landowning subjects
through codification and juridical practices that enabled the develop-
ment of land markets (Denault, 2009). Through this process the joint
family was established as a property-holding group with defined statuses
and relations: family consisted of sons, brothers, and grandsons, and
their female relatives who had conditional rights to support but not to
property, all under the control of the senior male.
While the joint family model held juridical sway, spawning a great
deal of research into how disparate interests could be subsumed within
a patriarchal order that disadvantaged younger men and all women, it
distracted attention from other co-existing family forms (Patel, 2005).
Not only did this generate a discourse trumpeting joint family values of
keeping property and family together, it denigrated its other on which
the joint family is predicated: family separation. Joint families can only
exist within cycles of family growth and dispersal that include a range
of family types. Were it not so, families would be five generations deep.
It is worth taking some time to think the model through. Taking a gen-
erational cohort as lasting twenty years and counting each generation as
starting from eighty year olds through to new-borns, families would con-
tain all the surviving male descendants of a patriarch located five gener-
ations above the youngest male: potentially hundreds of people with at
least three generations not at peak working age (two older and one young
generation). This degree of jointness is not envisioned in the model and is
rarely found. Instead, the model assumes (1) that a joint family will break
up and (2) that joint households comprise three generations. In prac-
tice, families process through a variety of arrangements in response to
demographic and economic circumstances (Shah, 1988). Far from being
numerically dominant, joint families can only be one stage in a diverse
pattern of family forms. This raises a question: why do public, political
and scholarly discourses persist with what Shah (1996, 537) described
50 Penny Vera-Sanso
as a ‘cliché repeated ad nauseum in newspapers and popular maga-
zines and on the radio, television and on public platforms’ of a supposed
disintegrating joint family system being replaced by the nuclear family.
The fundamental issue with the changing cultural values thesis is a mis-
understanding of what culture is. Culture is not a thing, it is a contingent
negotiation, an endless unfinished becoming. Values, or principles, give
guidance for practice. They do not determine practice. This is partly be-
cause context varies and because individual cultural values are not iso-
lates but must be accommodated with an eye on other values. Hence,
practice can vary while values and beliefs are retained; often practice
must vary in order to uphold the culture (values and beliefs). For ex-
ample, in the Indian context sons should ‘look after’ their parents, mar-
ried daughters belong to their husband’s household, daughters-in-law do
their parents-in-law’s care-work, adult masculinity requires that men set
up their own household and fathers should give their children a good
start in life. What does that mean in practice if there are no surviving
sons, if sons are impoverished with young and unmarried children, if
parents are better off than sons, if there is no daughter-in-law, if parents
can care for themselves, if either parent is widowed? The permutations of
what would be considered culturally appropriate practice widens when
local labour markets, infrastructural services, and parental preferences
are added to the equation. This contingent negotiation of cultural prin-
ciples and culturally appropriate practice engages everyone because, at
every moment, each family must decide what they should do in their
circumstances. These circumstances are shaped by the means available
to them, most significantly by their socio-economic position and demo-
graphic context. With competing cultural demands and widely varying
contexts, the action or behaviour chosen is also interpreted, justified,
and legitimated, or not, by those directly involved and by commentators
stretching from the wider kin group and community through to scholars,
policy-makers, journalists, and politicians. Some will read the behaviour
as conforming to ‘the culture’ given the circumstances, others will be in-
tolerant, considering the behaviour an affront to culture, or as signifying
changing values.
Misconceiving the ‘Indian Family ’ 57
In terms of family research, the variance in interpretation is partly def-
initional; people operate with different understandings of ‘looking after’,
‘living with’, ‘family’, ‘household’, ‘nuclear’, and ‘joint’. The obsession with
the nuclear/joint binary has blinded researchers to the way families ac-
commodate women’s relatives in households as ‘paying guests’. This is a
means of following the cultural norm that households are formed around
a man and his blood relatives while also providing long-term shelter to
in-laws whose access to a more culturally appropriate household is not
realizable (Vera-Sanso, 1997). The nuclear/joint binary and tight defin-
ition of what constitutes a household has obscured the fluidity of house-
hold and kin relations among spatially proximate families (Vatuk, 1989;
Vera-Sanso, 1997). Central to the reading off of intergenerational rela-
tions from household structure is an ageist dualism that equates young
and prime age adults with capacity and older adults with frailty and
dependence. Again, this is a decontextualized approach, one that gives
priority to chronological age over socio-economic conditions. A closer
inspection of intergenerational relations reveals that it is often younger
people who rely on older people for housing, providing or helping out
with livelihoods, contributing to the household budget, sourcing credit,
and providing childcare and chaperonage for young women.
The remainder of the chapter will examine these negotiations and ac-
commodations of cultural values in order to demonstrate how family-
based discourse is operationalized at the local level to define rights to and
within households. It will draw on mixed methods research I have under-
taken across three decades to set out how people mobilize family-based
discourses to define relations across generations. These discourses are
used to control access to resources: not solely to restrict access but also
to open up access to people who would normally, according to cultural
norms, not have access. The analysis is based on research undertaken
with 110 households in two of Chennai’s informal settlements between
November 1990 and March 1992; nine months of research in 2000
involving caste Hindus and older Dalits and their families in two villages
in western Tamil Nadu; and research into 800 households located in five
58 Penny Vera-Sanso
informal settlements in Chennai between 2007 and 2013, including up-
dating the two studied in 1990–92. The main theme discussed will be
definitional politics and its relation to rights in families, including intra-
household disagreements regarding household boundaries and the mar-
shalling of boundaries to constrain demands on household resources
while also embracing people without viable households. Far from being
a failure of family or cultural values, it is wider economic conditions that
shape a household’s social and economic capacity to meet their com-
peting familial responsibilities.
Nuclear 105 47
Joint 16 15
Extended 15 14
Compound - 26
Couple 9 4
Single person 11 4
Total households 156 110
Source: Created by author.
Conclusion
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2
The Insides and Outsides of Families
Social Reproduction in Neoliberal Times
Kumkum Sangari
For several decades now, feminism has uncovered the complexity and
contradictions of families in capitalist formations. In my understanding,
families exist within gendered familial, state, and market regimes, and so-
cial reproduction in India is governed by these patriarchal regimes. This
chapter is organized around waged and non-waged social reproduction
which can make the borders between the insides and outsides of families
somewhat illusory.
I begin with defining these regimes and the inescapabilty of social re-
production, which is global and has a specific character in India. The
relation between waged and non-waged labour is especially significant
since the labour market regime and what I term extended social repro-
duction winds through the family. This creates segregated caste and
gender-specific labour markets, which interlock with the labour of so-
cial reproduction inside families. The neoliberal economy has aggravated
the class distance between points of survival and points of accumula-
tion and has jeopardized social reproduction in a number of ways. The
economies of survival and economies of accumulation are connected
by extended social reproduction. The concrete and customary tasks of
gender-and caste-identified labour have to some extent reassembled in
the low-waged service sector in the form of extended social reproduc-
tion in staggered and region-specific ways. Older caste hierarchies can
appear in new forms and sites of paid work even as capitalism becomes
the dominant form. As I will discuss, this is a labour issue that cuts across
the market and families. The resulting interlocking of points of survival
Kumkum Sangari, The Insides and Outsides of Families In: Family Studies. Edited by: Anuja Agrawal,
Oxford University Press. © Oxford University Press 2024. DOI: 10.1093/9780198930723.003.0003
74 Kumkum Sangari
and points of accumulation blurs or blends the insides and outsides of
families.
The state regime is pockmarked with a neoliberal form of
retraditionalization. Some recent retraditionalizing laws, which alter the
terms or ‘contracts’ of social reproduction in relation to marriage, pro-
creation, and intergenerational care, reveal the neoliberal character of
the state. The laws on old age care and commercial surrogacy push the
responsibility for social reproduction onto families. As it supervises the
transition to neoliberal capitalism, the state too can cling to familial re-
gimes and reconfigure the links between the family/household and non-
waged labour.
Heteropatriarchal families too are invested in maintaining the unpaid
tasks of social reproduction, as is evident in the increasing investment in
practices such as son selection and regulatory marriage. Finally, as the
neoliberal milieu determines the social circulation of risk, violence, and
misogyny, it erodes the very idea of the bordered family.
Families in India are complex and contradictory entities that vary on oc-
cupational, regional, class, caste, rural, and urban lines. They are always
socially located and responsive to wider changes. ‘The family’ can be a
misleading term because of the diversity in family forms, class locations
that range from mere subsistence to the propertied, as well as differing
residential modes of (dis)aggregation between those tied to land/place
and those dispersed through migration. There is no tidy match among
families as living social entities, familial ideologies, and the organization
of households.
I use the plural ‘families’ to point to such concrete diversity and ‘the
family’ to indicate a degree of structuration across differences. At every
class and caste level, the family form is a node between the social, eco-
nomic, legal, political, and patriarchal. These multiple determinations
are of course absorbed and enacted situationally in class and location
specific ways. Broadly speaking, the family coheres around the essential
labour of social reproduction. The family has been a labour form in every
phase of capitalism and the neoliberal is not an exception.
The Insides and Outsides of Families 75
Given the coexistence of residual, dominant, and emergent family
forms—for example, tribal, matrilineal, and patrilineal systems, mul-
tiple personal laws, stranger and affinal marriage, customary practices
that can be prescribed by caste or community—it would be artificial to
propose a single familial regime. Rather, as I have shown elsewhere, the
term multiple patriarchies can help to understand differences, as well as
the abstract unity of core distributive structures which may not all exist
simultaneously—the sexual division of labour, regulation of sexuality and
procreation, unequal access to social and economic resources, property
and public space, gendered violence, and ideological rationales. These
are not static and they change by overlap and reformulation (Sangari,
2015a, 268–70; 2015b, 12; Sangari and Vaid, 1989, 5).
The familial regime I describe here is dominant, spreading, and
coevolved at many levels with other systemic inequalities. Indeed, it de-
pends on other forms of inequality, especially those anchored in social
divisions of labour. I hesitate to single out either religions or `the Dalit’
family which are differentiated by rural–urban, regional, occupational,
and class locations and the degree of their implication in the dominant
familial regime. Yet it is crucial to reflect on the forms of manual and
menial labour that remain ‘caste-identified’ and have not been general-
ized across castes. Differentiated on lines of caste and class, within this
familial regime, the patriarchal institution of regulatory marriage is seen
as foundational for control of mobility, sexuality, and procreation; it has a
disposition for practices of dowry, son preference, gendered hierarchies,
patrilineal transmission, as well as control over both, the distribution of
resources and non-waged domestic labour. For the affluent, the family is
also an institution for the accumulation and transfer of private property.
In sum, this familial regime tends to be regulatory and controls the redis-
tribution of assets.
State-led gender regimes define matrimonial, parental, and filial status
and obligation. They persist through control of legal descent (birth, adop-
tion, inheritance), citizenship, marriage and divorce, normative family
forms and functions (including old-age care), sexuality (privileging
heterosexuality), size (demographic policy), and domestic economy
(budgets, taxes), as well as the conditionality attached to benefits, wel-
fare schemes, subsidies, and so on. Thus, family formation falls within
the purview of the state; its economic policies and legal instruments
76 Kumkum Sangari
shape the familial domain, and hence the sphere of social reproduction
whether through constructive intervention or malign neglect.1
At present familial, state and market regimes are not outside capit-
alism, but with the deregulation underway from the 1990s they interact
at a more accelerated pace than they did in earlier phases of capitalism in
which this interaction depended on the degree of penetration by capital,
its inherent unevenness, staggered transitions in modes of production,
and the nature of state policies. In a contemporary market-led patriarchal
regime, there is a greater market absorption of the services, work, and
relationships hitherto supervised in the family; the family is more deeply
and explicitly contractualized, while the market facilitates, determines or
even governs the exchanges that create or sustain marriage, procreation,
parenthood, care of old and young, and domestic labour. The market–
media complex competes with or can exceed family authority.2 It can
erode as well as recompose the material basis of existing gender and caste
regimes. The labour market governs the informal low-waged service
sector that provides extended social reproduction; the relays of gender-
and caste-appropriate jobs are mediated by the nature (polluted or clean)
and customary lineage of particular types of labour. Caste-based divi-
sions have not disappeared in paid work in the service sector. For many
Dalits and lower castes, the transfer of some tasks of social reproduction
to the market signals both, a carryover of caste-based occupations and
labour segmentation. This, as I will discuss, sharpens the contradictions
and parallels between waged and unwaged labour.
There are confluences and disjunctures between state and market.
Neoliberal capitalism mutates the character of the state and its institu-
tions. Together they expand the necessity and power of competitive cal-
culation which individuals and families are compelled to internalize.3
This reshapes the strategies and rationales for escaping or negotiating
economic and legal risks. The relationship between state, market, and
family becomes volatile.
Feminist scholarship has shown that the relation between so-called un-
productive work and productive work is structured not only by sexism
but also racism, ageism, class, and other forms of social oppression and
exploitation. In India, this tends to draw on sedimented inequalities
in social relations structured by casteism. Both caste and gender hier-
archies create the historical and contemporary terrain of the most ne-
cessary and most devalued work. Low-waged domestic work and other
gender-identified tasks of social reproduction usually follow class, caste,
and regional hierarchies. The labour of impoverished or dispossessed
Dalit, Adivasi, and rural men and women who migrate to the cities for
domestic and other feminized jobs, does not necessarily release them
from the clutch of patriarchal devaluation. Intra-familial relations in turn
can be market mediated. The distinct connection of women’s non-waged
labour to their personal vulnerability and subordination in regulatory
marriage—as well as the gender segmentation and disadvantage in la-
bour markets that contribute to inequality within the family—is widely
established.7 The repositioning of customary labour as waged work can
continue to devalue gender-identified and caste-ascribed work. Dalits
and some lower castes already carry the historical burden of appropriated
and beholden labour, humiliation, privation, servitude, and complex cul-
tivations of control and interdependence, which secure only higher caste
privileges. Waste removal, lifting human and animal excrement, animal
carcasses, and cremation ground tasks are usually confined to Dalits.
There is a high concentration of rural Dalit women in manual labour,
subsistence work, cleaning, waste-related jobs, garbage collecting, and
shoe cleaning (Khan and Thorat, 2020, 197). Many tasks largely remain
caste-identified: birthing, midwifery, wet nursing, childcare, semi-skilled
nursing, in care homes, nurseries, crèches, schools, hospitals; sanitation
work in these as well as other sites such as beauty parlours, malls, hotels,
restaurants, canteens, hostels, offices, railway stations, crematoriums,
and public places have been folded into the service sector in combin-
ations of market, state, municipal, and other institutional employment
which can often be subcontracted. Placement agencies for domestic work
can be controlling and corrupt (Sen, 2019).
The Insides and Outsides of Families 83
The growth of the low-waged service sector, a part of the huge informal
sector, signals market entry into familial social reproduction. This sector
is crucial to the purchase, delegation, and supervision of many intimate
tasks especially domestic labour, childcare, elder-care, and health care.
The necessity of two wages in the middle-class sections has gone hand
in hand with the dramatic expansion of the market for domestic serv-
ices in the past three decades.8 Regardless of generous, affectionate em-
ployers and variations in wages, loans, and gifts, the absence of contract
for paid domestic workers is an ‘informality’ that positions them at a cusp
between the market and flexible customary labour.
Households serviced by live-in or part-time domestic workers are
often internally reshaped by surveillance, distrust, and casteist discrim-
inations about food and utensils. Despite a shared dependency families
perform boundary work within their households—divide space, put
utilities out of bounds, reproduces class-caste divisions. The higher the
class–caste status, the more tasks can be delegated. On the other hand,
those who cannot hire others or have no family members to help—at least
half the women/families in India—are caught in the double crisis of sub-
sistence and social reproduction. In lower income groups with working
women who cannot purchase labour, the tasks devolve on young girls
and aged women. If they are hired as domestic workers, the daily oscilla-
tion between performing the same work twice, one on market terms and
the other for free at home creates tension, friction, and contradictions
(Sangari, 1999, 282–5). Live-out workers, especially, must also attend to
the demands of husbands, sons, in-laws, and the safety and educational
needs of their children.
This low-waged service sector which performs extended social repro-
duction and non-waged social reproductive labour inside families cannot
be thought of separately. The family as a labour form, whether serviced
or servicing, is predicated on labour forms aligned to social hierarchies.
The monetization of social-reproductive tasks creates a class-specific
continuum between non-waged work within the family and hired or pur-
chased labour. Social reproduction within relatively affluent households
depends on nonfamilial others—caste aliens, migrants, and refugees, to
perform essential labour. In an inverted mirroring of domesticity, do-
mestic workers undertake familial reproduction in their own homes and
extended social reproduction for employers. The low-waged feminized
84 Kumkum Sangari
area of the informal service sector is the indispensable outside, which me-
diates or determines the inside of a serviced family. It loosens the border
between the familial to and the nonfamilial, while the relations of inter-
dependence interlock points of survival and points of accumulation.
Both familial and extended social reproduction are often mired in dom-
ination and resistance.9
Extended social reproduction is thus not merely about its purchase by
those who can pay for it, but about how the labour pool is assembled,
those who provide the services absorb its cost to themselves and struggle
to survive, and how unwaged labour inside families governs some of the
nature and conditions of waged work. David Harvey argues that ‘so-
cial reproduction is for capital a large and convenient sphere in which
real costs are externalized to households and other communal entities’
(2014, 189–90). I would add that there is another level of externalization
at work in jobs perceived as low status or degraded; the incorporation of
workers into segregated market systems, rests in part on the social div-
ision of labourers (in Ambedkar’s famous formulation) by caste, gender,
and community. Yet the cost of their social reproduction remains invis-
ible, unremunerated, and subsidizes the social reproduction of relatively
affluent classes. Extended social reproduction is, paradoxically, at once
necessary and indispensable, while those who provide it are usually de-
valued, underpaid, fungible, and socially marginalized.
Neoliberalism is seen to accelerate the production of forms of un-
freedom (Mezzadri, 2017, 193). Unfree labour is generated through pro-
cesses of proletarianization, dispossession from the means of production,
and the domain of social reproduction where social inequalities are re-
produced. Despite women in labour markets being at differing levels,
social-reproductive work has not been subject to redundancy but re-
mains essential labour whether part purchased or non-waged. Familial
social-reproductive labour is the bridge between family life and paid la-
bour, while extended social reproduction relies on existing social divi-
sions of labour in urban and rural areas. Non-migrant Dalit women are
still forced to perform unpaid labour in upper-caste homes and fields in
rural Uttar Pradesh and Karnataka or take on tied/unfree labour and the
most stigmatized jobs when men migrate or take up non-agricultural
jobs (Kapadia, 2017, 9, 29; Mehrotra, 2017, 246–51). Ishita Mehrotra
shows that these unfree labour relations are built on rural survival cum
The Insides and Outsides of Families 85
dependency relations and the burden is disproportionately borne by
women workers. The ideology of the male breadwinner legitimizes
inserting Dalit women as main tied labour while many of their tasks
are ‘women’s’ tasks—washing and drying grain, tending to livestock,
cleaning courtyards, and so on (2017, 260).
The family as a labour form is contradictory or more accurately, the
site of contradictions. It can be instrumental in producing cheap la-
bour, itself exploit multiple forms of labour (child, female, Dalit, tribal)
or be exploited, depending on class–caste location. The dispensable or
disembedded daughter can shade into the low-waged female worker
or resemble the domestic worker who remains an outsider within the
household. The general devaluation of feminized tasks along with the
paradoxes of extended social reproduction can blend the ‘insides’ and
‘outsides’ of both serviced and servicing families.
Nirmala Banerjee has noted that the tasks, content, and boundaries of
social reproduction are left to the household, the Indian state does not
intervene, and the lives of women are thus subject to ‘private control’ of
‘household authority’; consequently, the state obtains the social security
it cannot provide through the family (2011). This remains broadly ap-
plicable. Even though the state can at times mediate between capital ac-
cumulation and social reproduction, it continues to rely on conventional
domestic affects, ideologies, and tasks (Sangari, 2015b, 67). Customary
practices or ‘traditions’ still compose a useful and solid bedrock, and the
state can also intervene to ensure these.
For instance, the state maintains such practices through many
meagrely remunerated in government Anganwadi, midday meal, and
health-related schemes which are linked to domestic care work (Hemlata,
2020). Though these essential tasks of extended social reproduction are
reclassified as ‘volunteer’ work, they are institutionalized, carry over fa-
milial tasks and like them are devalued, and always held on the brink of
privatization.
The character of the state is changing with the dominance of global
finance capital, the promotion of conditions that enable concentration
86 Kumkum Sangari
of wealth, growth of monopolies, and deregulation. A neoliberal state
minimizing social welfare now returns the entitlement of the elderly
to maintenance and care to their children and in the process at once
contractualizes and selectively retraditionalizes family relations (Sangari,
2015b, 55). It no longer sees the care of elders by sons and daughters-in-
law as guaranteed.
The Maintenance and Welfare of Parents and Senior Citizens Act of
2007 (hereinafter 2007 Act)10 expanded some earlier laws in CrPC 125
and the Hindu Adoption and Maintenance Act. This made it a legal
obligation for adult sons, daughters, daughters- in-
law, sons-in-law,
grandsons, granddaughters, and relatives (any de facto or prospective
heir of childless senior citizens) to provide maintenance for needy eld-
erly parents (biological, adoptive, step) or relatives unable to maintain
themselves from their own income or through property owned by them.
This tacitly includes senior citizens who own petty property with insuf-
ficient incomes or liquid assets. The obligation in the Act extends to all
citizens irrespective of religion or residence and includes Indian citizens
who reside abroad. The Amendments proposed in 2019 (still pending
Bill, hereinafter referred to as 2019 Amendment Bill)11 expand the def-
inition of senior citizens to include grandparents and parents-in-law, as
well as the definition of children to include step-and adoptive children,
children-in-law, and legal guardians of minors. They cast a wider net over
natal, marital, and affinal families.
The 2007 Act asks state governments to ensure better medical care in
government hospitals and provide residential facilities or old-age homes
for indigent senior citizens. However, it does not mandate or provide
funds for these. The 2019 Amendment Bill asks all hospitals to provide
facilities but expects the states to finance old age homes, implement the
Bill, and ensure medical care.
The main reason given for the 2007 Act was the decline of the joint
family. This repeated the cross-class discourse, more common among
rural landed and urban middle-class families, of decreasing filiality in
which sons become unsupportive, uncaring, aggressive, and extractive
after marriage. The 2019 Amendment Bill addresses the visible reality
of extractive children/relatives who abuse or abandon elderly parents
and relatives and is more ameliorative. It outlines rights to free legal aid,
healthcare, dignity, equality, and individual autonomy for senior citizens,
The Insides and Outsides of Families 87
and promises central government funds for providing free and life-saving
medicines, financial security for widows, and minimal interest loans for
repair and purchase of homes. The 2019 Amendment Bill seems to have
been catalysed by government and nongovernment surveys and reports
which found that two-thirds of the elderly were going through financial
crises, four-fifths or 65 per cent were dependent on the family or others
for daily maintenance; and over 40 per cent reported elder abuse by the
family (Issac et al., 2021). According to the National Crime Records
Bureau, there was a 48 per cent increase in reported crimes against senior
citizens between 2014 and 2019.
It is significant that in 2007 Act, the state sought to make its own re-
sponsibility to the elderly optional even as it returned this obligation to
the family in the same Act. This enlargement of citizen responsibility
seems to be an attempt to compensate for the state’s own existing and
impending deficits. The 2007 Act has provisions for setting up fast-paced
tribunals that have the powers of a civil court, at sub-divisional levels in
each district, to settle the grievances of the elderly against their children/
heirs; they are given the power to take suo moto action against children
who do not take proper care of their elderly parents, and punish them
with imprisonment or fines if they fail to maintain or abandon their
parents. It also allows elderly parents and childless senior citizens to re-
voke a transfer of property (as gift or otherwise) to their children or heirs
if it was made under the condition of maintenance and the condition was
not met. Property is defined as moveable, immoveable, ancestral, self-
acquired, tangible, intangible, and includes rights and interests in such
property. The 2019 Amendment Bill increases punishment of children
for abandonment and abuse.
In legalizing the obligation of children and other inheriting relatives,
the 2007 Act and the 2019 Amendment Bill move the family out of a ‘nat-
ural’ and ‘traditional’ locus of customary expectation/obligation or a
naturalized site of affective care work, to one where obligations cannot
be taken for granted and have to be enforced; even gift deeds have to be
conditional. In this law, an unwritten familial practice is legalized by the
state. By turning tacit (albeit unreliable) intergenerational familial com-
pacts into legal and enforceable contracts, it contractualizes, even mon-
etizes, familial relations. It makes a correlation between inheritance by
children and relatives and the duty to maintain old parents/relatives,
88 Kumkum Sangari
makes maintenance proportionate to the means and/or property to be
inherited, and makes inheritance of property conditional to such main-
tenance. It does not consider the routine social and legal obstacles to
daughters’ inheritance who are forced to renounce their rights to natal
property or cannot go through the fraught process of claiming them, or
the means possessed by de facto disinherited daughters.12
The option for senior citizens to evict undutiful children and relatives
is available in some states. This does not take note of the other remedial
laws which seek to ensure the right of married women and daughters-in-
law to residence in the marital home.13 In the 2007 Act, the state calculates
its own risk-benefit and tries to configure the family in a way that is con-
sonant with neoliberal privatization. Citizens must take responsibility
for conditions that they may not have created and an unpredictable fu-
ture. It iterates a familiar neoconservative position: families should look
after their own and state policies should ensure that they do so since the
(unprotected?) family is the building block of the new economic order.
As is now commonly understood, neoliberal capitalism is interested in
maintaining or reestablishing the private family as the foundation of its
own security and an alternative to the welfare state not only in India but
in many countries. The state is not averse to the commodification of care
and the already proliferating for-profit elder-care organizations. In fact,
the 2019 Amendment Bill asks for the regulation of private care homes
and home care services.
Paradoxically, legal and punitive enforcement seems to become
the underbelly of the supposedly tradition/culture-embedded Indian
family—even sons have to be reminded of their obligation. It seeks to re-
store the caring family by asking women to be like men in obeying the
legality of elder-care without asking them to return to the home or even
to older familial ideologies which govern the affective labour of social re-
production. However, the pre-emptive off-loading of what could be per-
ceived and claimed as the state’s obligation to the elderly can accelerate
familial control of daughters-in-law and regulatory marriage as a ‘private’
resource for service and care.
Evidently, as the material base of familial patriarchal regimes is
patchily eroded or recomposed by state or market interventions, there
are concurrent moves to defamilialize and refamilialize, and power oscil-
lates between familial, state, and market gender regimes.14
The Insides and Outsides of Families 89
An Imaginary of Noncontractual Families
Familial violence too asks for a rethinking of the inside and outside of
families.
Is neoliberal capitalism the sole engine or are pre-existing gender
and caste relations being reconfigured within broader power relations?
Family disputes and violence cut across class, caste, and religion, and are
usually connected to gendered household labour, sexuality, generational,
property, and political issues. Partitions of family property, sibling con-
flict, asset stripping of siblings, parents, elderly relatives, etc. are not new
but are arguably accelerated by the aspirational and insecuritizing drive of
neoliberal capitalism even as this relies on the social-reproductive func-
tions of the family. Given that the family is the legal form of private wealth
accumulation and inheritance, the patriarchal propertied family is by
virtue of this function bound to be fractious, fissiparous, and withhold in-
heritance from daughters through a variety of fictions and testamentary
The Insides and Outsides of Families 101
devices. Coercive claims can be made for premortem inheritance of par-
ental property and assets. Yet premortem distribution does not always
prevent abuse or abandonment of dependent elderly parents. In the dis-
tribution of power inside families, the decisive moments of birth, mar-
riage, and death are entangled with inheritance and disinheritance.
In the context of contemporary democracies including the United
States, Wendy Brown notes that
In Conclusion
Notes
1. For details see Sangari (2015b, 140–1).
2. For details see Sangari (2015b, 136–41).
3. Gago describes such calculation in Venezuela as ‘a way of conquering space-time
in conditions where the popular fabric is confronted with increasing fast-paced
and violent dispossessive, extractive and expulsive logics’ (2017, 235).
4. Meg Luxton (2006) writes that ‘By developing a class analysis that shows how
the production of goods and services and the production of life are part of an
integrated process, social reproduction does more than identify the activities
The Insides and Outsides of Families 105
involved in the daily and generational reproduction of daily life. It allows for an
explanation of the structures, relationships and dynamics that produce those ac-
tivities’ (pp. 36–7, cited from Gimenez, 2019, 281).
5. For a detailed discussion of class differentiation, dowry, and the marriage de-
mand, as well as the reasons for women’s implication in son selection which
range from consent to coercion, see Sangari (2015b, 16–19, 21–5, 29–34).
6. For a detailed discussion of risk, see Sangari (2015b, 37, 41–8).
7. For example, Krishnan demonstrates the mutuality of familial patriarchal regime
and the neoliberal labour regime. Working women in mills and factories face
similar patriarchal, abusive, punitive behaviour to restrict them from unionizing
(2018).
8. See Ghosh (2014, 129–30). Also see the estimates in essays on different cities in
Neetha (2019). Figures vary, yet over half of domestic workers are SCs, STs, and
OBCs. The material conditions and constraints of domestic workers are fairly
similar. Migrants are drawn into domestic work by personal, familial, social, and
caste networks, or private recruiting agencies as well as local networks in urban
and peri-urban areas. They live in urban slums where spousal violence and alco-
holism are common.
9. The cohort of domestic, sanitation, manual scavenging, and Anganwadi workers
are now organizing, contesting their denigration, and demanding rights. There
is a long history of colonial labour extraction, Dalit resistance, and withdrawal
from or refusal of the tasks of extended social reproduction since the late nine-
teenth century. There have been strikes of Dalit sanitation workers throughout
the twentieth century.
10. Available at https://www.indiacode.nic.in/bitstream/123456789/6831/1/main-
tenance_and_welfare_of_parents_and_senior_citizens_act.pdf (last accessed
on 29 June 2024).
11. Available at https://prsindia.org/billtrack/the-maintenance-and-welfare-of-pare
nts-and-senior-citizens-amendment-bill-2019 (last accessed on 29 June 2024).
12. Some daughters may not marry to care for elderly parents and siblings or from
the necessity of supporting impoverished families with their income—though
they can be ‘discarded’ later and can become insecure, neglected, or homeless in
their own old age (Lamb, 2022, 82–9).
13. The 2019 Amendment Bill has been critiqued for leaving the eviction clause up
to the states, for the varied implementation of the Act in different states, and the
decisions of tribunals as often being inconsistent with or conflicting with High
Court judgements (for instance, Upadhyay, 2022).
14. See Sangari (2015b, 151–2) for a detailed discussion of this process. In a study
of welfare state restructuring, Bezanson usefully defines refamilialization as
pushing social reproduction onto families/households and defamilialization
as elevating the individual citizen worker and making women more like men
(2006, 174).
106 Kumkum Sangari
15. Available at https://prsindia.org/billtrack/the-surrogacy-regulation-bill-2016
(last accessed on 8 February 2024).
16. Available at https://prsindia.org/billtrack/the-surrogacy-regulation-bill-2019
(last accessed on 8 February 2024). This was enacted in 2021 (available at https://
www.indiacode.nic.in/bitstream/123456789/17046/1/A2021-47.pdf, last ac-
cessed on 29 June 2021).
17. External Affairs and Overseas Indian Affairs Minister, Sushma Swaraj, cited in
Dhar (2016); BJP leader, Vani Tikoo, cited in The Hindu (2016).
18. Both feminist opponents and supporters of the ban on commercial surrogacy
have critiqued the language, discriminatory exclusions, and heteronormativity of
the 2016 Bill. The opposition to the ban is mostly on the same lines as earlier fem-
inist support for the practice: commercial surrogacy as an arena of choice and
reproductive autonomy, as an agential practice and a form of labour preferable to
waged domestic work or sex work that only needs better regulation. Medical lob-
bies present similar rationales for what they claim is just a paid service. I have dis-
cussed these rationales extensively in Sangari (2015b, 7–8, 79–80, 90–2, 98–103,
108–9).
19. J. P. Nadda, cited in Ghosh (2016).
20. External Affairs and Overseas Indian Affairs Minister, cited in Express News
Service (2016).
21. For instance, a study of working-class households in Mumbai shows how ex-
tended family, neighbours, and non-kin networks of fictive/designated kin main-
tained by women are helpful in managing economic crises (Gandhi, 2008).
22. Love marriage can liberate women from the family and create a more equitable
division of labour between couples. They break with the natal family/kin circle,
yet as they form a new family can they escape the tasks of social reproduction?
23. This is not peculiar to India which of course has its own specificity. Ferguson
points out that sexism and racism produce a socially differentiated paid and un-
paid workforce that reinforces and sustains capitalist accumulation—lowers the
cost of social reproduction by ensuring that some people undertake that labour
for low or no wages; and ensures a steady supply of marginalized and precarious
workers. The processes of social oppression, more than the private household,
are wider processes of dispossession, economic destruction of means of sub-
sistence, systems of migrant and forced labour (2020, 116). Kapadia describes
the male control of wives, especially working wives, and violence against them
among Dalit families because of male unemployment and alcoholism even
though women are often primary breadwinners and ensure family survival
(2017, 12–14).
24. On the complex relationship between familial, cross-class, casteist, communal,
political violence, whether fused or circulating separately, and on the perception
of sons as agents of male patriarchal power and physical violence who can protect
family interests, see Sangari (2007, 2008, and 2015b, 35–7).
The Insides and Outsides of Families 107
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PART II
BE Y ON D TH E ‘ NOR M ATI V E’
FA MI LY
3
‘To Restore the Comforts and
Bliss of Married Life’
Restitution of Conjugal Rights in
Indian Law and Practice
Sylvia Vatuk*
Introduction
* I thank Anuja Agrawal, as well as Patricia Uberoi and other participants in the December
2022 online workshop on Family Studies, for their helpful comments on an earlier draft of this
chapter. I have also benefitted from suggestions by members of the audiences at presentations
on the same subject in 2008 at the 14th Berkshire Conference on the History of Women in
Minneapolis, and in 2010 at both the Law and Society Association Annual Meeting in Chicago
and the second LASSNET Conference in Pune, India.
Sylvia Vatuk, ‘To Restore the Comforts and Bliss of Married Life’ In: Family Studies.
Edited by: Anuja Agrawal, Oxford University Press. © Oxford University Press 2024.
DOI: 10.1093/9780198930723.003.0004
114 Sylvia Vatuk
Muslim cases from those I examined in 1998–99 in the record room of the
Madras High Court. Many of those files include, in addition to the par-
ties’ full petitions and responses, documents of various kinds submitted
as evidence, which are usually only summarized in the High and Supreme
Court records. Finally, I will address what I see as a paradox: namely that,
notwithstanding the thousands of women of all religions harassed each
year by restitution suits, the Indian feminist movement, in its long history
of working to bring about gender justice through legal reform, has never
explicitly targeted these laws for either abolition or modification.
The British began to introduce British law, British legal concepts, and
British judicial institutions and procedures into India in the late eight-
eenth century. Regarding it as both inconvenient and unwise to interfere
unduly in the religious practices of the local population, they determined
that, in matters related to marriage, divorce, inheritance, and the like,
Hindus and Muslims would continue to be governed by their respective
sacred texts. However, disputes over these matters would be heard by
British judges in newly established British-style courts, not by the reli-
gious authorities to whom their followers had previously turned for guid-
ance in such cases. Many of those Hindu pandits and Muslim mullās were
instead attached to the courts as ‘native law officers’, to explicate and in-
terpret their respective Sanskrit or Arabic holy books, whenever cases
involving issues of a religious nature came up, and to help translate them
into English (see Derrett, 1968, 321–7; Galanter, 1997; Sturman, 2012).
By the 1860s a considerable body of Hindu and Muslim case law had
accumulated, English translations of important religio-legal texts were
available, and there had been some codification of personal laws. So, in
conjunction with a restructuring of other aspects of the British-Indian
judiciary, the positions of these religious legal experts were eliminated.
Laws were later enacted to govern family affairs among Indians of reli-
gious communities other than the Hindu and Muslim.
The Indian legal remedy of restitution of conjugal rights (RCR) had its
origin in British church law. It was one of four types of matrimonial suits
‘To Restore the Comforts and Bliss of Married Life’ 115
heard in the eighteenth-century ecclesiastical courts, allowing a husband
or wife to obtain an order requiring a spouse who had left the matrimo-
nial home to return and resume cohabitation with him or her. Most appli-
cants for the remedy were women: deserted wives seeking maintenance
from their husbands. If the man refused an order to go back to his wife,
she would be given a legal separation and he would be required to pay
alimony until she remarried. Should he then fail to support her, forcing
her to apply for poor relief, he could be prosecuted for his negligence in a
criminal court (Stone, 1990, 191–6).
In pre-British India, no similar legal remedy existed. Although hus-
bands of all religions enjoyed considerable authority over their wives
and suffered few consequences if they abandoned or treated them with
cruelty, none of the relevant religio-legal texts gave to either sex the right
to force a deserting spouse to return home. Nor was such a right recog-
nized by any of the systems of so-called ‘customary law’ followed by the
various tribal and lower-caste communities in the subcontinent (see, e.g.,
Chambard, 1961; Holden, 2008, 125–60 et passim; Moore, 1993, 2001;
Solanki, 2011, 178–236).
The first laws pertaining specifically to orders for restitution were not
put into effect in India until the late nineteenth century, first with the 1869
Indian Divorce Act (IDA), covering matrimonial affairs among Indian
Christians, and later with the Special Marriage Act (SMA), enacted in
1872 to meet the needs of couples in religiously mixed marriages.1 The
1882 Code of Criminal Procedure (CrPC) made anyone disobeying an
RCR order subject to imprisonment or attachment of property or both.2
Claims for RCR had begun to be brought to the British Indian courts
long before this, however, usually by lawyers familiar with British ecclesi-
astical law. The early petitioners were of both sexes and most were either
Parsi or Muslim. The first such suit, filed in 1800 in the Recorder’s Court
of Bombay by a Parsi woman, won her an award of alimony (Anagol,
2005, 185; 2010). This and other early decisions established the prece-
dent that British-Indian courts would admit such suits when brought by
non-Christian Indians. An 1865 Parsi case3 and an 1867 Muslim case4 are
still often cited in this connection. Neither resulted in a decree for resti-
tution, however: both appellants were sent back by the Privy Council to
have their suits re-heard on the basis of their respective personal laws.
116 Sylvia Vatuk
The Rakhmabai Case
In the early 1980s there arose several cases in which a female appellant
tried to undermine the key premise underlying RCR laws, namely that a
woman should be forced to cohabit with a man from whom she has, for
whatever reason, become estranged. A precedent-setting 1983 case17 in-
volved a Hindu couple who had married some six years before, when the
wife was only sixteen years of age, but had lived apart since shortly after
their wedding. During that time, she had become one of South India’s
most renowned film stars. He, a well-to-do landowner, eventually filed
for and was granted a restitution decree from the local District Court. She
appealed the decision to the Andhra Pradesh High Court and the court
ruled in her favour, the presiding Justice Choudary declaring Section 9
of the HMA violative of Articles 14 and 21 of the Indian Constitution.18
He reasoned that to force an unwilling woman to return to her husband’s
home is equivalent to compelling her to submit to sexual relations with
him: ‘a serious breach of her constitutional right to privacy, the starkest
form of government invasion of personal identity and an individual’s
zone of intimate decisions’.
A few months later, however, the High Court of Delhi, deciding on
a similar appeal from a Sikh woman, came to the opposite conclusion.
Harvinder Kaur, the wife in this case, had left the marital home after two
and a half years of marriage and refused to return.19 She testified that her
departure was necessitated by her mother-in-law’s mistreatment, from
which her husband had failed to protect her. Her advocates sought to per-
suade the justice to follow the recent Andhra High Court decision, but
their arguments were vehemently rejected and her appeal was denied.
That single-bench decision, written by Justice Rohatgi, is very lengthy,
diffuse, and repetitive, its reasoning often difficult to follow, sometimes
self-contradictory, and internally inconsistent. However, it raises a var-
iety of interesting issues, shedding considerable light on the nature of
judicial thinking and the ambivalence that often characterizes it, con-
cerning the meaning of Indian (read ‘Hindu’) marriage, the pros and
120 Sylvia Vatuk
cons of divorce in the modern world, and the role and purpose of restitu-
tion of conjugal rights in Indian matrimonial law.
Justice Rohatgi refutes at length Justice Choudary’s assertion that
Section 9 violates the constitutional guarantees of equality before the
law and the right to privacy. He particularly objects to the equation of
‘cohabitation’ and ‘sexual relations’, going so far as to impute to ‘learned
judge’ Choudary, ‘a disproportional emphasis on sex, almost bordering
on obsession’! He asserts that, while ‘sexual intercourse is one of the
elements that goes to make up the marriage . . . it is not the summum
bonum’ thereof:
Whereas for Muslims there is no codified law with respect to RCR, the
right of Muslim men to file such suits has been recognized at least as far
back as the precedent-setting 1867 case of Moonshee Buzloor Ruheem
v. Shumsoonissa Begum.21 It has also found its way into Mulla’s 1929
Principles of Mahomedan Law, a textbook regularly cited in High and
Supreme Court decisions on Muslim personal law cases.22 The number
of reported restitution cases involving Muslim litigants is, of course,
far fewer than the number involving Hindus. This is mainly for demo-
graphic reasons,23 though the fact that Muslim women—unlike those
of other religions—are not permitted to file such petitions is a contrib-
uting factor.24 I am aware of three women who have tried to do so, none
122 Sylvia Vatuk
successfully. In 2003 the Karnataka High Court heard an appeal by a
Muslim man against a maintenance award granted to his wife by a lower
court,25 which had declined to consider the suit for restitution of conjugal
rights that she had filed at the same time. The High Court upheld the
maintenance award, but refused to rule on the question of whether her
RCR suit was maintainable under MPL. It instead advised the plaintiff ’s
advocate to raise the question again before the trial court. In a similar
2010 case the Bombay High Court is reported to have directed the
Mumbai Family Court to re-hear a Muslim woman’s RCR petition that
it had earlier denied (Deshpande, 2010).26 A third such suit for restitu-
tion by a Muslim wife was denied in September 2023 by the Kerala High
Court. Its reasoning was that there are ‘no provisions . . . in the Muslim
Law that wife [sic] is entitled to restitution of conjugal rights because the
[Muslim] marriage . . . is a contract’.27
A brief review of the reported case law on RCR suggests that High Courts
have been more willing to deny Muslim men’s pleas for restitution than
to deny those filed by men of other religions. Since MPL lacks any codi-
fied law on the matter, justices faced with a Muslim RCR case habitually
begin with the Privy Council’s 1867 declaration—in the Buzloor Raheem
judgement—that whether to force a woman to go back to her possibly
abusive husband is a question to be ‘carefully considered and considered
with some reference to Mohammedan Law’. Then, searching for clues as
to the rights and duties of husband and wife in a Muslim marriage that
can be applied to the case, they typically go on to cite English translations
of the Qur’an, Hadith, and commentaries thereon, or English-language
treatises on the subject.
Early on, a question that frequently arose before the courts concerned
the mahr (‘dower’), the monetary gift that a man is obliged to present to
his bride on their wedding day. Wives threatened with a restitution order
would often claim that the husband’s suit could not go forward because
he had not paid their mahr. The courts sometimes agreed, but in an 1886
ruling the Allahabad High Court declared, definitively, that non-payment
of mahr is not a ground on which to reject a suit for restitution.28 That
‘To Restore the Comforts and Bliss of Married Life’ 123
decision did not end the controversy, however. In 1933, before the same
court, the appellant wife made a similar argument, that, having not paid
her dower, her husband was ‘not competent to maintain the suit’.29 But,
instead of deciding that question, the court proposed a settlement: she
would return to him, if he paid what he owed, set up a separate residence
for her and employed two live-in servants for her protection. The same
issue continued for decades to be raised in appeals of restitution orders
decreed by lower courts, but men’s pleas on that ground were seldom
denied. They were usually allowed to come up with the money before a
judgement was rendered, the case ultimately being decided according to
the justices’ understanding of MPL, ‘taking into account the surrounding
circumstances’ and considering that ‘notions of law today have to be al-
tered in line with modern social conditions’.30
In an early critique of RCR as it applies to Muslims, a writer known
only as J. L. S. wrote in the Journal of the Indian Law Institute that, ‘the
defence most commonly resorted to by the wife’, in response to suits for
restitution, is cruelty by the husband (1961, 244). He then notes that the
DMMA provides six examples of the kinds of conduct that deserve the
label of cruelty and are grounds for granting the woman a divorce decree
He cites the Buzloor Raheem case and a number of those that followed,
and ends by referring with satisfaction to the recent ‘landmark’ decision
by the Allahabad High Court in Itwari v. Smt. Asghari:31
This remains the leading case on the matter: in order to use cruelty as
the basis for an appeal against a restitution order, a woman no longer has
to prove that she experienced actual physical violence or has a valid fear
of experiencing it if she returns home. The very act of taking a second
wife ‘will give rise to a presumption of cruelty on [the husband’s] part’.
Charges of a husband’s cruelty continue to dominate the appellate case
law on RCR among Muslims and, in a significant portion of these, the
cruelty took the form of his marrying another woman.32
124 Sylvia Vatuk
Restitution Cases in the Madras Family Court
While a study of High and Supreme Court cases provides valuable infor-
mation about past and current trends in the law, it is in the lower courts
where, in Agnes’ words, ‘rights are constantly negotiated, interpreted and
evolved’ (2008, 257). Very few of the cases they hear every day ever reach
the appellate courts, however, and even fewer of those are reported in law
journals. Accessing detailed data about cases heard in the trial or family
courts of original jurisdiction is, however, a daunting task, requiring
rifling through stacks of files in a court’s record room, searching for the
particular type of case in which one is interested. If one is not a profes-
sional lawyer, even getting permission to do so can be a major challenge.33
In 1998–90, as part of a larger research project on Muslim Personal
Law in India’s courts and its impact upon Muslim women (Vatuk, 2001,
2003, 2005, 2008, 2013, 2015, 2017, 2019), I was permitted to examine
five-years-worth of case files in the Record Room of the Madras Family
Court in Chennai.34 As expected, only a very small proportion of the
cases involved Muslim litigants. In 1996, for example, out of a total of
1855 suits heard in that court, approximately 96 per cent were filed by
Hindus (under the HMA), the rest by persons of other religions under
their respective codes of personal law or—in cases of mixed marriage—
under the SMA. Almost 75 per cent of all suits were for divorce—most
of them filed by men. Men also predominated among the approximately
20 per cent of petitioners filing for RCR. Agnes found an even greater
gender disparity in RCR suits in other Family Courts: 90 per cent were
filed by men in Kolkata and 75 per cent in Karnataka and Maharashtra
(2004, 31; 2008, 243; 2011a, 26).
Between 1988 and 1997 only about three per cent of the cases filed in the
Madras Family Court involved Muslim litigants, a total of 167, of which
sixty-three were for restitution. I will discuss here twelve such cases from
the years 1993 and 1996, as examples of the kinds of marital disputes
leading up to such suits and their varied outcomes.35 The socio-economic
status of these twelve pairs of litigants ranged widely. Few wives were
‘To Restore the Comforts and Bliss of Married Life’ 125
employed outside of the home, though one ran a large family business in
another city, requiring frequent travel, and another had previously held
a well-paying job in the Gulf, from which her husband had forced her to
resign. The husbands ranged from the driver of a three-wheeled scooter,
a self-employed shoemaker, and a tailor in a garment factory, to a suc-
cessful business entrepreneur and a top executive in a Government of
India enterprise.
The circumstances that had brought these couples to court also varied
widely.36 One was in a religiously mixed ‘love-marriage’: the Hindu wife
had converted to Islam in order to marry her Muslim husband. Included
in the casefile was her ‘Conversion Declaration Certificate’, signed by a
local religious authority and by her mother—giving her permission for
the conversion. According to the plaintiff husband, the two had ‘lived
happily’ in his family home for the first five months of marriage, during
which she often visited her parental home ‘without any rhyme or reason’
and later began insisting that he set up a separate residence for the two
of them. This he was unwilling to do, as his ‘meagre income’ was needed
to support his aged parents and two younger sisters. After six months his
wife had allegedly left without warning or explanation and had refused,
despite his pleas, to return. Friends and mediators also failed in their at-
tempts to persuade her to come back to him. After two months in court,
having received the usual mandatory in-court counselling,37 she agreed
to return home and he withdrew his suit.
Another case involved an ‘exchange’ (adal badal) marriage between
two brother-sister pairs. One brother, the plaintiff, began by charging that
his wife’s parents had ‘fraudulently and culpably [sic] switched brides’ on
him: when he had gone to their home to negotiate the marriage, the younger
of their two daughters was ‘shown’ to him and identified as the pro-
spective bride. However, at the wedding, following the signing of the
nikāhnāma (marriage contract), when the bride lifted her veil (dupattā)
to show him her face for the first time, he realized that he had married the
elder daughter—a woman twelve years his senior! His situation was com-
plicated by the fact that, should his marriage end, his sister would almost
certainly be sent by her husband (the plaintiff ’s wife’s brother) back to
their parents’ home. After several court sessions, none of which the wife
attended, the husband—for unknown reasons—ceased attending the
hearings and the case was eventually dismissed ‘for default of plaintiff ’.
126 Sylvia Vatuk
The remaining ten couples had had more traditionally arranged mar-
riages. While their narratives differed in detail, certain themes recurred.
In the men’s petitions the most prevalent theme was an allegedly ‘exces-
sively close’ relationship between the wife and her parents, and her ‘too
frequent’ visits to her natal home, sometimes ‘without asking permission’.
Several accused their wife’s parents of interfering in the couple’s rela-
tionship, thus causing discord between them. Three charged that their
in-laws had pressured them to abandon their elderly parents and reside
in their homes as ‘live-in sons-in-law’ (khāna dāmād). As one man ex-
plained, ‘no self-respecting, hard-working, religious Muslim’ would con-
sider doing this.
Women’s most frequent charge against their husbands was domestic
abuse—verbal and/or physical—inflicted by the husband and/or his
parents. During the proceedings, three who had accused their in-laws
of mistreatment agreed to resume married life, but only if their husband
would separate from his parents and set up an independent household
for the two of them—something to which none of the men would agree.
Others accused their husbands of failing to provide them adequate fi-
nancial support, neglecting their children’s needs or—in the case of the
two employed women—hindering them from carrying out their work re-
sponsibilities and/or pressuring them to quit their jobs and devote them-
selves full-time to domestic chores and childcare.
Of these twelve RCR suits, only one resulted in an order for restitu-
tion, against the woman, mentioned above, who ran a family business
in Lucknow, a city to which she had been regularly commuting from
Chennai. One woman agreed to return to her husband, and another was
divorced (by talāq) in the office of the Chief Qazi of Tamilnadu by the
husband who had been insisting for months that he wanted her back!
Two were able to persuade their husbands to abandon their suits and
agree to a khulc divorce.38 In one file was an affidavit from the Chief Qazi,
testifying that the marriage had been dissolved in this way. Three of the
remaining cases were withdrawn by the plaintiff and the rest were dis-
missed by the judge ‘for default’, usually because the plaintiff husband had
missed several hearings in a row and had eventually ceased appearing
at all.
As for the respondent wives, none had appeared in court more than
once or twice and most had never appeared at all, though most had
‘To Restore the Comforts and Bliss of Married Life’ 127
submitted, through an advocate, a written rejoinder to their husbands’
charges, sometimes accompanied by other documents, such as marriage
certificates, medical records, and lists of dowry (jahej) items presented to
the groom by their parents at the time of the marriage.
Conclusion
Notes
1. This act was later amended to give couples of the same religion the option of mar-
rying in a civil, rather than in a religious, ceremony.
2. The penalty of imprisonment, abolished in Britain in 1884, remained on the
books in India until 1908, when the CrPC gave the courts discretion on its en-
forcement (Sturman, 2012, 141 n. 119).
3. Ardaseer Cursetjee v. Perozboye, (1856) MIA 348.
4. Moonshee Buzloor Ruheem v. Shumsoonissa Begum, (1867) 2 MIA 551.
5. A more correct transliteration of the wife’s name is ‘Rakhmabai’ but most of the
secondary literature uses the spelling used by the British at the time.
6. A later case in which a petition for RCR played a role, is that of the Muslim Mir
Anwaruddin and his British Christian wife, Ruby Hudd, initially heard in the
Madras City Court in 1913 (Savage, 2008, 358–60).
7. It reads: ‘When either the husband or the wife has without reasonable excuse
[italics mine] withdrawn from the society of the other’, the aggrieved party may
apply for a decree for restitution of conjugal rights.
8. Tirath Kaur v. Kirpal Singh, AIR 1964 Punj 28.
9. Gaya Prasad v. Mst. Bhagwati, AIR 1966 MP 212.
10. The husband in the above case was a self-employed cobbler earning between Rs.
600 and 700 a month, while she earned twice that from her job as gram sevika
(village council secretary) in a village some distance away.
11. Jinnat Fatima Vajirbhai Ami w/o Nishat Alimabhai Polra v. Nishat Alimadbhai
Polra, on 20 December 2021, Gujarat High Court, https://indiankanoon.org/
doc/85764720 (last accessed on 11 June 2022).
12. In such cases, the court ‘is required to ascertain the share of the wife in the prop-
erty of her husband’. It is unclear how her share would be determined or how the
amount would be collected, once its value was established (Swarup n.d., 5).
13. In Part I, Section 20, of the Matrimonial Proceedings and Property Act 1970.
14. Under this section, a destitute wife or divorced wife can ask the court to order
her husband or ex-husband to pay her a monthly stipend until she remarries
130 Sylvia Vatuk
or obtains a regular income from some other source. While currently married
women of all religions may avail themselves of this remedy, as can divorced
women of all religions but Islam, a divorced Muslim woman must instead—under
the 1986 Muslim Women (Protection of Rights on Divorce) Act—seek assistance
from her natal family or, in their absence, from the Wakf Board (the Board of
Muslim Endowments) of her home state.
15. The punishment for this is imprisonment for up to three years, plus a possible fine.
16. Under this section a divorce can be granted if there has been ‘no restitution of
conjugal rights as between parties to the marriage for a period of one year or up-
wards after the passing of a decree’.
17. T. Sareetha v. T. Venkata Subbaiah, AIR 1983 AP 356.
18. These articles read, respectively, ‘The state shall not deny to any person equality
before the law or the equal protection of laws within the territory of India’ and
‘No person shall be deprived of his life or personal liberty except according to the
procedure established by law.’
19. Harvinder Kaur v. Harmander Singh Choudhry, AIR 1984 Delhi 66.
20. Smt. Saroj Rani v. Sudarshan Kumar Chadha, 1984 AIR 1562.
21. (1867) 2 MIA 551.This case did not result in a restitution order but was sent back
to the high court for re-trial. See Edmund Moore, 1858.
22. Section 281 in Mulla’s Principles is the one most often cited in this connection,
often in the same way that one would cite a particular section of the HMA or
the IDA!
23. In the most recent Census of India, conducted in 2011, Muslims constituted 14.2
per cent of the Indian population, as against Hindus’ 79.8 per cent, though ac-
cording to projections by the Pew Research Center, the Muslim share of the popu-
lation would by 2020 have reached somewhat over 15 per cent (Kramer, 2021).
24. Up until the late nineteenth century Muslim women are known to have been per-
mitted to sue their husbands for restitution (see, for example, note 5), but some
time thereafter they became ineligible to apply for such relief. I have not been
able to discover when or why this change took place; an in-depth study of the
intervening case law could perhaps provide an answer.
25. H. Sirajuddin v. Shaziya Alias Afsana and Another, 2003 INDLAW Kar 4409.
26. My only information on this case is from a newspaper report that provides nei-
ther its title nor the full names of the parties. I have not discovered whether either
case was ever re-heard and, if so, what their outcomes were.
27. Aneesha w/o Navas v. Navas, s/o Hassan Koya, Mat. Appeal Nos. 962 of 2018,
18 of 2021 and 170 of 2021, on 15 September 2023, High Court of Kerala at
Ernakulam, https://www.kltonline.in/legalnews/details/2308(last accessed on
15 June 2024).
28. Abdul Kadir v. Salima and Another, (1886) ILR 8 All 149.
29. Mt. Anis Begam and Others v. Malik Muhammad Istafa Wali Khan, AIR 1933
All 634.
‘To Restore the Comforts and Bliss of Married Life’ 131
30. Saleha Julekha w/o Mohammed Bismilla v. Mohammed Bismilla s/o Late Abdul
Raheem, on 24 March 2017, Karnataka High Court, https://indiankanoon.org/
doc/95754701 (last accessed on 11 June 2022).
31. AIR 1960 All 684.
32. See, for example, Raj Mohammad v. Saeeda Amina Begum, ILR 1976 KAR 1008;
Nasiruddin v. H. No. F121 on 31 October 2011, Delhi District Court; Kothar
Beevi Alias Badrunnisha v. K. Aminudeen on 8 June 2017, Madras High Court,
https://indiankanoon.org/doc/106035719 (last accessed on 11 June 2022);
Saleha Julekha w/o Mohammed Bismilla v. Mohammed Bismilla s/o Late Abdul
Raheem on 24 March 2017, Karnataka High Court, https://indiankanoon.org/
doc/95754701 (last accessed on 11 June 2022).
33. Two of the few non-lawyers who have successfully carried out research in such
sites are Solanki (2011) in Mumbai, and Basu (2012, 2015) in Kolkata.
34. I am grateful to G. Meenalochani, the then Acting Chief Judge of the Madras
Family Court (now the Family Court of Chennai) for allowing me access to those
files and to the employees of the Court’s Record Room, who patiently retrieved
the Muslim cases I wished to study from among their massive collection of tied
and bundled materials. I also thank Ms [now Dr] R. Saraswathy for her compe-
tent and cheerful assistance with this and other aspects of my research.
35. I am unable to provide citations for these cases in a manner similar to that trad-
itionally used in the literature for citing reported High and Supreme Court cases.
This is because, in order to receive US government funding for my research and
obtain permission from my university’s Institutional Review Board to carry it
out, I am required to protect the confidentiality of any persons mentioned or re-
ferred to in print or in other publicly accessible media.
36. For this, one can only rely on the parties’ petitions and responses. There is, of
course, no way to judge their ‘truth value’, both parties having been advised by
their lawyers to make their narratives as persuasive as possible. Family Courts
were originally conceived as spaces where litigants could dispense with special-
ized legal terminology and talk to the judge, face-to-face, in their own language,
without having to engage a legal expert to represent them. Thus, Section 13 of the
1984 Family Courts Act (FCA) reads ‘no party . . . before a Family Court shall be
entitled, as of right, to be represented by a legal practitioner’. In practice, it is vir-
tually impossible, even for a well-educated English-speaking litigant, to pursue a
case without legal assistance. Therefore, clients’ advocates routinely petition the
judge for permission to waive this regulation and are rarely denied.
37. In Family Courts both parties to a marital dispute are required to attend a series
of counseling sessions with a ‘social worker’ of some kind, before their case is pre-
sented to the judge for a decision. The explicit aim of these sessions (as laid down
in the FCA) is to reconcile the couple.
38. A khulc is a divorce initiated by the wife, whereby she offers her husband a finan-
cial consideration to release her from the marriage by pronouncing talāq. In most
132 Sylvia Vatuk
cases no actual cash changes hands—she simply waives her right to the mahr that
he promised when they wed but never paid.
39. Shayara Bano v. Union of India and Others (2017) 9 SCC 1. The case is discussed
at length by Herklotz, 2017.
40. In a 3-2 decision the Court denied the petition and referred the matter to
Parliament, which, under the 2019 Muslim Women (Protection of Rights on
Marriage) Act, made this mode of pronouncing an irrevocable divorce a criminal
offense.
41. In T. Sareetha v. T. Venkata Subbaiah, AIR 1983 AP 356.
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Judgment, pp. 226–38. Bloomington: Indiana University Press.
Vatuk, Sylvia. 2003. ‘Muslim Women in the Indian Family Courts: A Report from
Chennai’, in Imtiaz Ahmad (ed), Divorce and Remarriage among Muslims in India,
pp. 137–60. New Delhi: Manohar.
Vatuk, Sylvia. 2005. ‘Muslim Women and Personal Law’, in Zoya Hasan and Ritu
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Delhi: Oxford University Press.
‘To Restore the Comforts and Bliss of Married Life’ 135
Vatuk, Sylvia. 2008. ‘Divorce at the Wife’s Initiative in Muslim Personal Law: What Are
the Options and What Are Their Implications for Women’s Welfare?’, in Archana
Parashar and Amita Dhanda (eds), Redefining Family Law in India: Essays in
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Body for Women in Distress’, The Journal of Legal Pluralism and Unofficial Law 45
(1): 76–103.
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4
Making Families without Wives
Kinship in the Men’s Rights Movement
Srimati Basu
What you are doing is, by bringing all these kinds of laws, you’re
creating single woman, single man. You’ve done it already. You’ve
done it in US. You got totally screwed up. And suicide among
elders is more. After sixty [they] don’t know what to do. . . .
People die alone. They don’t know they have died or not.
Suraj, Senior Chennai MRM leader1
Single people are alien to Indian culture, Suraj’s comment would suggest;
the ‘joint’/extended lineage-based family is the only possibility of health
and well-being. He has plenty of support for this belief: the archetypal
‘joint family’, that is, the multigenerational patrilineal family, looms large
in scholarship and popular culture as a simultaneous site of community,
attachment, tension and violence (Gopal, 2012; Kolenda, 1984; Trawick,
1992; Wadley, 2002). Conjugality may be necessary for legal heterosex to
ensure reproduction of the lineage, but marriage is primarily a suturing
mechanism that brings gendered beings into this web of relationships
and resources (Strathern, 1988). Per this argument, members sublimate
themselves to the greater benefit of the household unit, and everyone’s
safety and comfort is thereby ensured.
This chapter examines the putative breakdown of the family from
a perspective that we might imagine does not contest patriarchal
ideology: it highlights the perspectives of men, typically husbands
and the family members who support them, who are (temporarily or
Srimati Basu, Making Families without Wives In: Family Studies. Edited by: Anuja Agrawal, Oxford
University Press. © Oxford University Press 2024. DOI: 10.1093/9780198930723.003.0005
138 Srimati Basu
permanently) cast out of kinship in the process of getting a divorce and
dealing with associated criminal allegations such as domestic violence.
They constitute the heart of the avowedly antifeminist Indian Men’s
Rights Movement (MRM). I draw here upon my fieldwork on the Indian
MRM in eight cities of India primarily between 2013 and 2015, including
participant observation at weekly meetings and public events, content
analysis of media discourses, and semi-structured interviews with move-
ment leaders, other members, representatives of feminist organizations
dealing with gendered violence, and profeminist men’s organizations.
Facing scrutiny and suspicion from neighbours or family circles, and
unable to date or marry for an extended period, these men are often con-
sumed by their legal problems, and express strong negative feelings for
‘governance feminism’2 and the State. It is their social and legal limin-
ality, they claim, that give them a ‘double consciousness’ or ‘standpoint’,
in the sense that Collins (1986) or Ardener (2005) would use the term,
as a double vision from a position of oppression, on the fraught future
of the extended family, and the fragility of joint family property as a se-
curity fund.
Modern marriage laws, the epigraph from Suraj accuses, create single
people and hence destabilize the family, the thing one cannot afford to
abandon. In this chapter, I explore how the alleged destabilization is at-
tributed to a gendered discourse of care and labour, linked to fears of
financial precarity.3 This discourse of family breakdown—from those be-
moaning its decline or celebrating its demise—helps shore up gendered
privileges and generational resources. The chapter examines the dis-
course of family to look beyond it, for kinship as ‘something that people
make, and with which they do something’ (Bourdieu, 1990, 168). The
family situations explored in the following sections, thus, reveal the cal-
culus of kinship as well as attempts to create new forms of associational
and strategic kinship.
In claims such as Suraj’s, the gendered, age-based interests of the figures
in power are viewed as neutral and benevolent, whereas women’s inter-
ests are characterized as fracturing and disruptive. Research often indi-
cates the opposite, that new wives do not feel themselves to be included
in forms of belonging (Gupta et al., 2021). Scholars of gender have dem-
onstrated that wives entering these spaces push against the ideal contract
in various ways: by overtly or creatively resisting such discourses, making
Making Families without Wives 139
their own claims to their husbands and natal families, or highlighting sex
and desire beyond the reproductive mandate (Basu, 1999; Govindrajan,
2018, 146–72; Puri, 1999; Raheja and Gold, 1994; Trawick, 1992).
Is the extended family falling apart because of litigious wives, as Suraj’s
indictment would claim? Demographers would deem changes in family
structure, size and economic interdependence to be a much more com-
plex phenomenon.4 The historical scope is also relevant here: the domin-
ance of the extended family form in India has been in peril since colonial
interventions. As market capitalism became important to British colo-
nial governance, the unbreakable joint family property fund was viewed
as an impediment to debt collection and fresh private investment; new
aspirations of marriage and nuclear family were promoted as good for
capital (Sreenivas, 2004). Obligations to women were used to justify sons’
claims to separate property (Sturman, 2005). The aspirational discourse
of ‘modern’ marriage, that men want to express their love by sharing the
benefits of their earnings with their wives and children, that is, the colo-
nial imagination of a ‘real family’, also radically transformed matrilineal
systems (Arunima, 2003; Nongbri, 2010).
MRM Background
The Indian MRM typically dates itself to the early 1990s. From faint
beginnings in scattered solitary actions, it has gained visibility since
the mid- 2000s under the banner organization ‘Save Indian Family
Foundation’ (SIFF), which holds weekly public meetings across Indian
cities as well as a large annual conference. Many of the local organiza-
tions emphasize men’s place at the centre of human rights and gender eq-
uity discourses (Society for Prevention of Cruelty to Men, Delhi; Purush
Hakka Sanrakshan Samiti [Organization to Conserve Men’s Rights],
Nasik; AADMI [Man], Lucknow; Pirito Purush Pati Parishad [Harassed
Men and Husbands’ Forum], Kolkata), while others foreground children
without custodial fathers (Child Rights Initiative for Shared Parenting
[CRISP], Bengaluru). But the Indian ‘family’ is at the heart of their col-
lective identity, signalled not only in the name of the umbrella organiza-
tion ‘Save Indian Family Foundation’ (SIFF) but also in the evocation of
kinship terms in the names of other branches, especially their women’s
140 Srimati Basu
auxiliaries: All India Mothers-in-law Forum; MASI (Mothers and Sisters
Initiative, Mumbai). Group leaders tend to be urban middle-to-upper
class, upper caste, with attendant privileges of education and jobs in busi-
ness or the IT sector, resolutely non-religious and religiously diverse.
However, meetings bring diverse class and rural populations in as well.
Like men’s rights groups in several other countries, the Indian MRM
arises from dissatisfaction with laws of divorce, alimony/maintenance
and gender-based violence. It has its genesis in resistance against legal
reform campaigned for by feminists in the 1980s (influenced by and exe-
cuted during the UN Decade for Women, 1975–85), which eventually
led to laws criminalizing the giving and taking of dowry, naming family
violence against daughters-in-law (often associated with dowry), the
retooling of rape law, and the establishment of Family Courts designed
to give easier access to women. Feminist scholars have had much to say
about the gaps between these aspirational laws and their everyday ap-
plication (Agnes, 2005; Baxi, 2014; Roychowdhury, 2020), but it would
be fair to acknowledge that the laws have changed the terrain of marital
dissolution in several ways: judges may pay more attention to providing
support for separating or divorcing women; people may simultaneously
file for divorce in a civil setting and try to initiate criminal proceedings
related to dowry and domestic violence; and since the passage of the
Protection of Women from Domestic Violence Act, 2005 (PWDVA),
women may pursue civil-criminal cases seeking maintenance and resi-
dence in the family home. These strategies, while complicated and
often fraught, with few major rewards, have nonetheless become a very
popular way of navigating marital trouble. The hope is that filings in mul-
tiple venues may provide women with the leverage to negotiate a decent
one-time settlement, as opposed to the constant recidivism of alimony
payments over years (Basu, 2015b).
The Indian MRM focuses on the legal burden of men being charged
simultaneously in criminal cases and civil filings: the former poten-
tially leading to jail or job loss, not to mention the loss of social standing,
and the hassle of running to multiple cities to attend to different cases.
They anoint the process with metaphors of bargain shopping: sarcastic
metaphors of ‘gift hampers’ or ‘four for the price of one’ abound. They
allege being harassed and extorted by corrupt police and lawyers in
these processes. Men’s Rights Activists (MRAs) challenge imputations of
Making Families without Wives 141
violence, complaining (like MRM groups elsewhere) that women’s vio-
lence matches men’s; and asserting that men face difficulties reporting
domestic violence (Boyd, 2004; Crowley, 2008; Dragiewicz, 2011; Flood,
2010; Jordan, 2009). They believe husbands’ liability to pay alimony is a
double standard, and complain that custodial decisions are biased against
fathers. Their cynical view is that the State garners political popularity by
supporting feminist arguments.
In counterpoint, feminist scholars and activists in India have pointed
to women’s social and economic vulnerabilities as a group, including
the low conviction rates for gender-based violence (Agnes, 2005; Singh,
2013). Their statistics show that even if a few individual women may have
succeeded in satisfactory negotiations, divorce is socially and econom-
ically devastating, and excludes wives’ long-term access to affinal and
matrimonial resources. They are typically excluded from natal family re-
sources as well (Basu, 1999). While some feminist groups acknowledge
that police corruption and class privilege can result in distressing legal
burdens, others emphasize that the ability to simultaneously use crim-
inal and civil law in good faith can be a critical advantage to women given
their typically weak negotiating power. They have argued for greater
vigilance on women’s behalf and against superficial notions of neutrality
which ignore structural inequalities (Chitkara, 2014).
These dramas of marital tension involve not just the couple in ques-
tion but the extended family. Given the documentation of domestic vio-
lence and neglect within the patrilineal extended family (Committee on
Status of Women in India, 1974), it should come as no surprise that a
patrilineal household’s behaviours and attitudes are on trial when adju-
dication of cruelty, neglect, or desertion are at issue. Wives’ allegations of
verbal, economic, and physical abuse as the manifest reason for leaving
the common home, and husbands’ allegations of the poor behaviour and
inexpert labour of their spouses, loom large as well-worn scripts. But two
relatively new legal provisions have drawn these family members directly
into legal jeopardy: Section 498A of the Indian Penal Code, enormously
popular (and reviled) for lodging domestic violence claims, which allows
for affines to be charged and jailed alongside husbands with minimal in-
vestigation; and the ‘right to residence’ provision in the newer PWDVA,
used by a few judges to grant women sole or joint access to the extended
family home. As explored later, the prospect of paying out alimony or
142 Srimati Basu
matrimonial property to women has inflamed the anxieties of these fam-
ilies, who see it as a way for women to contract brief marriages to deprive
men’s families of their intergenerational resources.
Ye log to, bahut log, bibion ko ulta seedha suna rahe hain. Meri
biwi se achhi duniya mein kahin bhi bahu nahin ho sakti [These
people, many people, berate their wives. But there could not
have been a better daughter-in-law than my wife in the whole
world]. Sentence pe gour kariyega. Meri biwi se achhi duniya mein
bahu nahin ho sakti [Pay attention to my sentence: no better
daughter-in-law than my wife]. There may be [better] wives [out
there]: wives in the sense that they want their husband and child,
they can do everything for them. But when you ask them to do
something for their mother-in-law or brother-in-law or sister-in-
law, they run off. But I had a biwi [wife] who brought the whole
ghar/household, parivaar/family, khaandaan/lineage along.
Very few such biwis in the world these days. So I had a better life
than the best life you can imagine. It was a hundred times better
than my in-laws could have imagined, a life that thrived within
the ghar/household, parivaar/family, khaandaan/lineage.
Amar, Leader of a Lucknow MRM group
This section looks at the discourse of wives’ roles and responsibilities in the
familial context. The optimal wife in an extended family, MRAs proclaim,
embodies a sublimation of self and the art of caregiving. Housework, in
contrast, is depicted as a set of mechanical skills, meriting no substantial
compensation. Managers of the extended family (male by implication) use
household resources to shelter everyone, making individual ambition un-
necessary and divisive. These ideologies, I would argue, echo a common
performative genre of complaint in courts (and are not just part of rad-
ical MRA perspectives): for example, in my ethnographic work in Family
Courts, such allegations were readily attached to the legal categories of
neglect, cruelty and insanity. As Dhanda’s enumeration of gender role
Making Families without Wives 143
‘deviations’ cited as ‘manifestations of mental disorder’ in a survey of ap-
pellate cases from 1933 to 1992 indicates (1995, 362), to be appropriately
‘sane’ is to have internalized the habitus of the affinal household: its tastes,
its appropriate frugality, its purities and pollutions, and crucially, the emo-
tional labour that is the currency of it all.
In contrast to MRAs who readily break out into diatribes against their
wives’ behaviour, Amar’s5 account is deeply elegiac. He mourned his late
wife even as he mourned the passing of a nurturance he saw her as having
excelled at. In the linguistic provocation at the beginning of the epilogue,
he revelled in how widely beloved she had been, and how happy they
had been together. In appraising excellence, Amar explicitly valued kin-
ship over conjugality, and expansive well-being over the narrow prior-
ities of a nuclear unit. I could do no better to convey the affective register
of the terms than the stilted slashes of my translation: to gloss both bahu
and biwi as ‘wife’, or ghar parivaar and khaandaan as ‘family’ is to miss
the resonance of the terms. Amar’s rhetorical juxtaposition draws atten-
tion to the ways these are contiguous yet distinct categories. Notably, his
tribute to the familial over the conjugal is also tied into the difficulties
of his marriage, revolving around their struggles to conceive a child, the
birth of a stillborn infant and his wife’s depressive spiral to suicide.6
A very different genre of mourning the loss of the extended family
is the conspiracy theory, one version being that global reforms are de-
signed to destroy the strength and uniqueness of India. Consider Suraj
in the chapter epigraph: he correlates the extended family system with
lesser suicide and better physical and mental health, as a superior system
of holding humans aloft. Our long interview in his house in Chennai
was interspersed by his lively new daughter-in-law, obviously very fond
of him, bringing us coffee and snacks and bits of information about
Chennai, and he often included her popping in as an example of the care
and protection fostered in extended households, exactly what he believed
to be under threat. In his elaborately worked out conspiracy theory which
involved the US government and corporations funding the UN, then
helping shape treaties like CEDAW (Convention on the Elimination of
All Forms of Discrimination against Women) in order to give money to
feminist lawyers to then push these troubling laws, the devious motive
was diagnosed as the West’s envy of India and China’s economic power,
‘peacefulness’ and family systems:
144 Srimati Basu
If you know our NGO’s name, we’re calling ourselves ‘Save Indian
Family’. When we floated the name, [we thought] these kind of things
are going to destroy our family system and family values, and elder
women are going to be affected. Women in the family, members of the
family are going to be affected by these kind of laws . . . what happens,
the social cost [in India] is being taken care by the family. . . . Now US
wants family system because they are unable to spend. They have got
trillions of dollars being spent on citizen’s health, citizen’s education,
even citizen’s food.
Suraj, senior Chennai leader
Conclusion
Notes
1. All names from my fieldwork interviews are anonymized.
2. The term ‘governance feminism’ implies that the State is shaped by feminist prin-
ciples, as MRAs claim. More realistically, certain claims of the women’s move-
ment have been enacted in some laws and policies.
3. For discussion of the methodological complexities of being a feminist ethnog-
rapher studying anti-feminists, see Basu (2018).
4. Factors affecting change include the reliance on income from agrarian sources
versus wage labour, the sources of eldercare and childcare, race and ethnicity,
occupational and geographic mobility, housing options, or the role of class and
social capital (Mason, 1992; Morgan and Hirosima, 1983; Rambo, 2017; Reyes,
2020; Vatuk, 1971).
5. My chosen pseudonym of Amar refers to Amarpakshi—a kind of Pheonix, as a
reborn and eternal spirit—as homage to the new name ‘Amar’ had given himself
after jail.
6. The criminal case against him was initiated by his grieving in-laws, using a pro-
vision that the burden of proof that women’s suicides within the first seven years
of marriage is not murder is on husbands and affines; he was incarcerated for two
years before being exonerated by a judge.
7. The proposal to add ‘Irretrievable Breakdown of Marriage’ (the equivalent of the
more globally popular term ‘no fault’ divorce) was first recommended by the 71st
Law Commission of India Report (The Hindu Marriage Act 1955—Irretrievable
Breakdown of Marriage as a Ground of Divorce) in April 1978, as a provision
which would simplify procedures and reduce conflict. The recommendation re-
surfaced in the Marriage Laws Amendment Bill (2010), which hovered on the
docket without being actively debated, though the very prospect of change gener-
ated anticipation and consternation in bitterly opposed groups.
8. For an analysis of these theories, see Basu (2015a).
9. Chitkara (2014) provides a detailed timeline and discussion of the legislation.
10. He likely meant Personal Law, where laws pertaining to marriage reside, but here
‘Constitution’ serves as a metonym for ‘Indian law’.
11. We might, alternatively, interpret the differences between the groups as being re-
lated to household structure or profession or cosmopolitan identities.
12. See Herring (2021) for one recent example.
156 Srimati Basu
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Discourse’, Iowa Law Review 90: 1513–52.
Strathern, Marilyn. 1988. The Gender of the Gift. Oakland: University of
California Press.
Sturman, Rachel. 2005. ‘Property and Attachments: Defining Autonomy and the
Claims of Family in Nineteenth-Century Western India’, Comparative Studies in
Society and History 47: 611–37.
Trawick, Margaret. 1992. Notes on Love in a Tamil Family. Oakland: University of
California Press.
Vatuk, Sylvia J. 1971. ‘Trends in North Indian Urban Kinship: The “Matrilateral
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Press, 11–22.
5
Marital Status Discrimination in India
Prospects and Possibilities
Introduction
* We are thankful to Dr Ketaki Chowkhani and Dr Sourav Mandal for helpful conversations
in ideating on this topic and to Prof Anuja Agrawal and Prof Sujata Patel for organizing an on-
line workshop on the volume which helped us in preparing our chapter. We also appreciate
and value the suggestions made by our discussant, Dr Shalini Grover and other panellists who
helped us strengthen the arguments brought out in the chapter. Finally, we would like to ac-
knowledge Shivani Milanmody, our student, who helped us with data collection and collation in
our chapter. Any errors are solely ours.
Arijeet Ghosh and Diksha Sanyal, Marital Status Discrimination in India In: Family Studies.
Edited by: Anuja Agrawal, Oxford University Press. © Oxford University Press 2024.
DOI: 10.1093/9780198930723.003.0006
160 Arijeet Ghosh and Diksha Sanyal
woman. The report highlights how health workers and doctors overtly
focus on a woman’s marital status, which in turn determines the quality of
service they provide to her. This discrimination is even more pronounced
for lesbian or bisexual women (see Partners for Law in Development and
SAMA Research Group for Women and Health, 2018).
It was only in 2022 that the Supreme Court clarified that unmarried
women would have to be treated the same as married women when ac-
cessing abortion.1 Recognizing this form of discrimination, that is, dis-
crimination based on whether a person is married or not, is not new
within legal discourse; some countries already recognize this as a consti-
tutionally protected ground of discrimination.2 However, in India, such
a ground of discrimination has neither been constitutionally nor statu-
torily recognised. Recently, the Supreme Court of India took note of the
numerous ‘atypical families’ (single parent, queer families, etc.) and ob-
served that they were as deserving of recognition as heterosexual marital
families within law and policy (Livelaw News Network, 2022). With the
rise of such atypical families, that involve comparable degrees of care,
child rearing, and financial investment, it is important to interrogate
whether societal and legal recognition should be tied to ‘marriage’ alone.3
Applying a doctrinal analysis to legislation, rules, policies, and case-
laws, we aim to identify Central laws and policies that privilege the het-
erosexual, monogamous, married couple in India directly or indirectly.
We argue that this is the first step towards determining the effectiveness
of recognizing marital status as a ground of discrimination in challenging
the centrality of marriage within the Indian legal landscape.
The chapter begins with a descriptive analysis of the anti-discrimination
framework that is envisaged under the Indian Constitution and high-
lights the recent jurisprudential developments recognizing indirect dis-
crimination, which could be particularly useful in recognizing marital
status discrimination as well. Thereafter, we map central laws and pol-
icies to identify whether the mode of discrimination against unmarried
persons within them is direct or indirect. We situate this analysis in the
context of recent attempts made by civil society to bring legislative rec-
ognition to marital status discrimination through anti-discrimination
laws. In our concluding thoughts, we reflect on and identify questions
that need more research and engagement in order to determine whether
Marital Status Discrimination in India 161
marital status should become a constitutionally or statutorily protected
ground of discrimination.
Another positive fallout of the Navtej Singh Johar case has been the ex-
plicit recognition of indirect discrimination by the Supreme Court.
Although indirect discrimination had been previously recognized by the
Delhi High Court in the cases of Inspector (Mahila) Ravina v. Union of
India19 and Madhu and Another v. Northern Railway and Others,20 the
Court in Navtej Singh Johar employed the understanding of indirect
discrimination to analyse the provisions of Section 377. It stated that al-
though the provision was facially ‘neutral’ in the sense that it was applic-
able on the act of sexual intercourse against the order of nature (to include
oral sex and anal sex), and not on class of people, the court reached the
conclusion that provision did not merely criminalize an act but it crimin-
alized a specific set of identities. Its effect was to efface specific identities,
which were the soul of the LGBT community.21
The Supreme Court also further consolidated this concept of in-
direct discrimination in the matter of Lt. Col. Nitisha v. Union of India,22
which dealt with the issues of Permanent Commission for women en-
gaged on Short Service Commissions with the Indian Army. In its path-
breaking judgement, the court laid down an analytical framework for
indirect discrimination in India.23 In analysing the doctrine of indirect
discrimination, the court stated that it is founded on the fact that dis-
crimination can often be a function, not of conscious design or mali-
cious intent, but of unconscious/implicit biases resulting in the actions
of existing structures/institutions.24 The court uses this understanding
to distinguish between direct and indirect discrimination, wherein the
former is predicated on intent, and the latter is based on the effect/im-
pact it creates.25
Marital Status Discrimination in India 165
While laying down the test for indirect discrimination, the court sug-
gested a twin-test which includes an analysis of the impugned provision/
criteria/practice on the basis of the disproportionate impact it has on the
relevant class of people, and the harm caused by such an impact.26 The
court further advocates for a systemic discrimination analysis, which
would involve an analysis of discrimination in both its manifestations
(direct and indirect), while recognizing that a strict emphasis on only
using one of the tools (that is either direct or indirect discrimination)
to redress discrimination would often lead to patterns and structures
of discrimination remaining unaddressed.27 More importantly, it also
recognizes that discriminatory disadvantage would not only consist of
unjust action, but also inaction.28
The Court while laying down this framework, also gives an illustrative
example, which can arguably be read as adding analogous grounds to the
already existing grounds of discrimination under Article 15 (1). While
giving an example of systemic discrimination on account of gender (al-
ready considered as an analogous ground to ‘sex’ under Article 15) at the
workplace, the court states that such discrimination would encapsulate
the patriarchal disadvantage that also permeates, including aspects of ‘re-
production’, ‘sexuality’, and ‘private choices’.29
Two aspects of the decision by the court stand out: first, the fact that
the court recognizes systemic discrimination as one which combines
both direct and indirect forms of discrimination. As seen before in the
Navtej Singh Johar, there can be laws and policies which might be fa-
cially neutral and might not have the intent to discriminate against spe-
cific groups or individuals. However, the fact that intent is now rendered
unnecessary to prove discrimination in all cases, while also focusing on
disproportionate impact an action creates, is significant because most
of family law provisions can be considered discriminatory under such a
framework. Secondly, inaction by the State to make changes as another
feature of discrimination has the further potential to challenge these
family laws, which have always been difficult to reform.
The next section of this chapter undertakes a textual analysis of laws
that prioritize heteronormative understanding of relationships in India,
thereby leading to the legal privileging of marriage or marriage-like rela-
tionships which can be considered to be discriminatory to any other non-
normative understanding of familial relationships.
166 Arijeet Ghosh and Diksha Sanyal
‘Marital Supremacy’: The Legal
Privileging of Marriage
Family Laws
Health
Within the domain of health, we see the use of inclusive legal termin-
ology in some instances which could create opportunities for the recog-
nition of non-normative families. For example, the Mental Health Care
Act, 2017 allows every individual to appoint a ‘nominated representa-
tive’ who can take healthcare decisions on behalf of the person during
periods of incompetence.83 This person need not be someone who is re-
lated to the person either through blood, marriage or adoption. The act
also recognizes the role of ‘care-givers’ as being ‘any person who resides
with a person with mental illness and is responsible for providing care’.84
Thus, here too, marital status is irrelevant. Such an inclusive definition
172 Arijeet Ghosh and Diksha Sanyal
of care-givers is also seen in section 2(d) of the Rights of Persons with
Disability Act, 2016.
Similarly, the Pradhan Mantri Jan Arogya Yojana85 which provides
an inclusive insurance cover by framing beneficiaries to include those in
vulnerable households and occupational categories rather than marital
status.86 However, this insurance cover of up to five Lakhs is provided
to ‘families’. Since the term ‘families’ has not been defined, it is doubtful
whether those who are not linked to each other through either marriage,
blood, or adoption can avail of the benefits of this insurance scheme.
In other instances, too, exclusions remain. In the Transplantation
of Human Organs and Tissues Act, 1994, for instance, ‘near relative’ is
defined to mean ‘spouse, son, daughter, father, mother, brother, sister,
grandfather, grandmother, grandson or granddaughter’.87 The near rela-
tive confirms the consent of the deceased and is also entrusted with the
authority to refuse any transplant that might have been against the wishes
of the deceased.
Another area where marital status becomes relevant is during the
taking of consent before any kind of surgery. The Indian Medical Council
(Professional Conduct, Etiquette, and Ethics) Regulation 2002 lays down
these guidelines. While usually, the person’s own consent should be suffi-
cient, the only other person authorized to provide consent is the spouse
or parent/guardian in case of a minor.88 It is not difficult to see how these
requirements could become onerous for those in non-traditional familial
set-ups such as live-in couples.
Housing
The above-mentioned policies are only a few of the policies in labour and
health that prioritize and consequently provide benefits to the hetero-
normative family. The same can also be seen regarding housing benefits.
Pradhan Mantri Awas Yojana,89 for instance, provides for a variety of sub-
sidies to enable individuals to construct their own houses. These subsidies
are income-based and in some cases mandate a female co-owner (argu-
ably to nudge women towards home ownership). For married couples, ei-
ther spouse or both partners jointly can apply for the scheme subject to
their total household income. For single individuals, however, this claim
can prove to be onerous. This is because single persons are still seen as
Marital Status Discrimination in India 173
part of their parent’s household (whereas a marital couple are seen as a
separate household unit altogether). Therefore, if either parent of a single
person owns a house, they cannot avail of this scheme to get independent
housing (married people are not precluded from owning a house even if
their parents are homeowners). If their parents do not own such a house,
certain categories of beneficiaries mandatorily have to show female co-
ownership with an adult female family member. In case of single people, it
would have to be someone from within their natal family.
This on the face of it excludes not only other non-normative relation-
ships, but also discriminatory against single people who might be able to
satisfy all the other requirements for the scheme apart from being able
to prove that he belongs to a separate family/household. This outrightly
presents an idea that somehow single people or those in non-marital re-
lationships do not require affordable housing schemes in the same way a
‘traditional family’ may require.
Additionally, discrimination towards queer relationships can also be
seen when it comes to access to housing. In an exhaustive study by the
International Commission on Jurists (ICJ) (2019), it was found that most
tenancy laws in States like Delhi, Punjab, and Karnataka allow for in-
spection by landlords, which have a disproportionate impact on queer
couples and more particularly on transgender persons. ICJ’s documen-
tation shows how transgender persons often face sexual harassment, are
asked to fulfil other demands of the landlords including sexual favours
and also pay a higher amount of rent in comparison to cis-gendered
persons.90 Not only forced evictions and abuse are common, but when
people from the queer community get housing, it often leads to segrega-
tion, wherein the locations are distant from public transport, sanitation,
healthcare, and other basic facilities.91 Intersectional discrimination is
also faced by queer people wherein gay Muslim men, transgender per-
sons, and sex-workers face further difficulties.92 In these cases, while
there is little possibility of challenging tenancy laws, in particular, rights
of landlord’s to inspect housing, it can be argued that the lack of adequate
protection for persons belonging to queer communities or persons in-
volved in non-normative relationships is an instance of inaction from the
State to protect these communities, and thereby an instance of indirect
discrimination.
174 Arijeet Ghosh and Diksha Sanyal
Citizenship
The extent of hierarchizing and granting legal benefits to the heteronor-
mative married couple also can be witnessed in citizenship laws. The
Citizenship Act of 1955 grants citizenship on any of the grounds that are
mentioned under its provisions, namely: by birth, by descent, by regis-
tration, by naturalization, and by incorporation of territory. For someone
to be granted citizenship by registration, one of the criteria is to be mar-
ried to a citizen of India, along with being an ordinary resident of India
for seven years before the application.93 Similar requirements exist for
someone to register as Overseas citizen of India, where a ‘spouse’ of a for-
eign origin of a citizen of India or an overseas citizen of India cardholder
is only eligible to apply if they can prove that their marriage subsisted for
a continuous period of not less than two years at the time of application.94
What these provisions show is that they continue to remain limited by the
understanding of spouse under marriage, which is restricted to a hetero-
sexual couple, thereby being discriminatory towards any other forms of
relationship which is not limited to same sex couples but also can be dis-
criminatory towards any other form of relationship that is not marriage.
The previous section has tried to bring forth laws, policies, and schemes
(in no way an exhaustive list) that prioritize heteronormative families,
which are those based on marriage. It also shows how this privileging of
married relationships or marital supremacy through laws can lead to dis-
crimination against non-normative families.
Can ‘marital status’ as a ground for prohibiting discrimination pro-
vide adequate protection and benefits to non-normative families that
exist within the society? This is the question some sections of civil so-
ciety are beginning to ask. A possible way of doing this is by making a
constitutional amendment to add ‘marital status’ as an explicit ground of
discrimination under Articles 15 and 16 or by recognizing it as an analo-
gous form of discrimination under existing grounds. Even in the absence
Marital Status Discrimination in India 175
of explicit recognition under Articles 15 and 16, arguments can still be
made under Article 14 of the Constitution.
Another possible recourse is to argue for the need of a comprehen-
sive anti-discrimination bill in India. Some efforts have been made in
this regard, notable among which was the independent member’s Anti-
Discrimination and Equality Bill, 2016 introduced in the Lok Sabha by
Shashi Tharoor (Khaitan, 2017). Among its many noteworthy features
was a broad list of protected characteristics including marital status.95
However, the bill never saw the light of day.
More recent efforts by members of civil society to draft an anti-
discrimination bill are also prevalent. For instance, the Centre for Law
and Policy Research, a legal research and advocacy organization in
Bangalore, drafted the Equality (Prohibition of Discrimination) Bill,
2021.96 This bill too includes marital status as a protected ground and
defines it as including ‘the status or condition of being single, married,
divorced, separated, widowed or in a relationship whether with a person
of the same or another sex involving a commitment to reciprocal support
in a relationship’.97
During a consultation to discuss this bill, some participants pointed
out the need to call it something other than ‘marital status’ since it pits
all other non-marital forms of intimacy against the category of marriage.
It was suggested that ‘marital status’ should be reframed as ‘cohabitation’
to include within it a wide variety of relationships which could be judged
independently of their similarity to marriage (Centre for Law and Policy
Research, 2019, 7). This points to an important limitation of marital
status as a ground for discrimination—as long as marriage remains the
category against which all other forms of non-normative intimacies are
measured up, there is limited scope for such a protected ground, and
anti-discrimination framework more broadly, to displace the centrality of
marriage from the law.
Conclusion
This brief survey of laws and policies across the arena of family, social
welfare, labour, health, housing, and tenancy and citizenship gives us
some insights. First, being married acts as a gateway to access basic rights
176 Arijeet Ghosh and Diksha Sanyal
such as healthcare, starting a family, access to pension and other forms of
social welfare. Second, not being married can mean that one is less pro-
tected against instances of domestic violence and has little access to main-
tenance and property rights within intimate relationships, even where
they mirror marital relationships. Third, marriage continues to be seen
by the state and society as a substitute for the lack of a robust social safety
net. This explains why some states encourage marriage through various
schemes for widows, orphaned woman, and their daughters. In other
words, marital status is used as a means of discriminating between citi-
zens. Such an understanding is now substantiated by the recent decision
of the Supreme Court of India in the same-sex marriage judgement,
wherein although the majority took a deferential approach by relegating
it to the Parliament to decide whether same-sex marriage can be legal-
ized in India, it nonetheless has recognized that all laws privileging and
thereby hierarchizing the institution of marriage by granting rights and
benefits have a discriminatory impact on any other non-normative rela-
tionships that is not recognized by the State.98
In some cases, the discrimination is direct; that is a particular legis-
lation/policy on the face of it excludes some categories of people (for
instance, marriage laws that determine who can marry). But in many
cases, the discrimination is indirect (where terms like ‘family’ ‘depend-
ents’, ‘caregivers’, ‘near-relatives’, are not defined or interpreted flexibly
enough to include diverse forms of non-normative intimacies. Neither
are individuals allowed to nominate individuals who are not kin or
spouse as dependents. Queer activists in the past, have asked that the
state allow individuals to designate a ‘legal representative/s’ through a
uniform, streamlined procedure in law. Such persons could then choose
who would act on their behalf when it came to living arrangements, nom-
inees, custody of children, and end-of-life decisions among others (Shah
et al., 2019). Though many such laws remain facially neutral, they have
a disproportionate impact on those in non-normative relationships.
It is in these latter instances, that the systemic nature of discrimination
has not only been recognized by the Supreme Court, but they also have
gone to note that such discrimination leading to deprivation needs to be
addressed.99
Through this chapter, we have highlighted potential legal arenas where
discrimination is taking place. Yet, the experience and texture of that
Marital Status Discrimination in India 177
discrimination as experienced by people, is relatively unknown. This
underscores the importance of further socio-legal and social scientific
research that unpacks the many-layered experiences of discrimination
based on marital status. In the last couple of years, there has been some
effort to shed light on this by looking at the issues queer and single people
face when trying to access housing and other public goods. Yet, mobiliza-
tion around such issues remains underwhelming. It rarely goes beyond
advocacy for same-sex marriage. This could be because, unlike race and
gender which are immutable characteristics, marriage is often seen as
‘choice’. The argument being that if one chooses to remain unmarried,
they have voluntarily accepted the consequences of that choice as well.
However, in a marriage-obsessed country like India, where marriage is
not just a lifestyle choice but also doubles up as a social safety net for
some, the language of ‘choice’ seems disingenuous to say the least.
What India needs then, is a broader movement centred around non-
marital equality. A movement that truly celebrates family diversity rather
than selectively allowing some marginalized groups to enter through the
hallowed portals of matrimony. Based on the collective petition in the
same-sex marriage case by Rituparna Borah, Chaynika Shah, Minakshi
Sanyal, and Maya Sharma, who argued that care does not always mani-
fest between just two married individuals and that the fight for equal
rights need to go beyond marriage equality, and extend it to the lived
experiences of queer persons in ‘chosen’ families (Basak, 2023), Justice
Chandrachud, although a dissenting judge in the same-sex marriage
judgment, makes the observation that the Constitution of India accounts
for plural identities and values, and that atypical families equally consti-
tute fundamental groups of the society, thereby entitling them to protec-
tion under Articles 19 (Freedom of Speech and Expression) and Article
21 (Right to Life) of the Indian Constitution.100
With such observation being made by the apex court of the country
and the emergence of organizations like the Ekal Naari Shakti Sangathan
(Association of Single Women) that advocate for the rights of single
women as an inherent family unit in itself, it is imperative that we ex-
pand our legal and social vocabulary for intimacy beyond marriage and
romantic couple-hood. For this, it’s not just enough to describe discrim-
ination; we also have to ask what are the constituent elements of a flour-
ishing emotional and intimate life. Here, too, the need for a sociological
178 Arijeet Ghosh and Diksha Sanyal
understanding of the shifts in intimacy are critical to law and policy
change. The problem with looking at this issue solely through an anti-
discrimination lens would mean that we end up pitting all other models
of intimacy against marriage, thus limiting our imagination of what
is possible beyond it. This would prevent the recognition of relation-
ships that may not fit the mould of marriage or cohabitation at all. For
instance, how would judges make sense of rights and obligations within
Living-Apart-Together or LAT relationships? Sociologists studying such
relationships note that while they may involve emotional and economic
interdependency they do not entail consistent cohabitation (Duncan
et al., 2014) . If such relationships are only viewed through the lens of
marital intimacy (cohabitation, monogamy) then it would obscure our
ability to think about the rights and obligations that can arise from such
unions.
The challenge then is to balance our need for autonomy with our need
for protection from vulnerabilities. Everyone ought to have a right to
make authentic choices regarding their intimate life while also being pro-
tected from inevitable vulnerabilities that arise from interdependent re-
lationships. How do we create legal regimes that incorporate within it the
flexibility to balance both our need for autonomy and safety? This is the
question law-and policy-makers should be asking.
Notes
1. X v. Principal Secretary, Health and Family Welfare Department, Govt of NCT
Delhi and Another, Civil Appeal No. 5802 of 2022, Arising out of SLP (C) No.
12612 of 2022.
2. Some examples are Canada and South Africa. Although marital status is not
an explicitly mentioned protected ground in the Canadian Charter, it was held
to be an analogous protected ground in 1995 in Miron v. Trudel [1995] 2 SCR
418, https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/1264/index.do (last
accessed on 8 February 2024). The South African Constitution under Section 9
(3) also has an explicit recognition of marital status as a ground of discrimination.
3. The Census of India, which was last undertaken in the year 2011, does collect data
based on marital status. The categories that are included under such heading are
‘never married’, ‘married’, and ‘widowed/divorced/separated’ (See Office of the
Registrar General & Census Commissioner, India, 2011, chapter 2.). However,
the data does not record number of people that might be in relationships without
Marital Status Discrimination in India 179
the sanctity of marriage, but nonetheless cohabiting together and exhibiting fea-
tures like marriage. It is important that such data is also collected in the forth-
coming Census that is pending since 2021.
4. Article 2, Universal Declaration of Human Rights; Article 2, International
Covenant on Civil and Political Rights; and Article 2, International Covenant on
Economic, Social and Cultural Rights. It would be important to note that despite
laying down multiple grounds, these instruments are open ended enough to in-
clude further grounds of discrimination with recognition of ‘other status’ within
their ambit.
5. UK’s Equality Act, 2010, the Canadian Charter of Rights and Freedom as well as
the Bill of Rights, Constitution of South Africa, prohibit discrimination based on
race, sex, sexual orientation, religion, and disability, to name a few.
6. Article 14 (Equality before Law), Article 15 (Prohibition of Discrimination),
and Article 16 (Equality of Opportunity in matters of Public Employment), The
Constitution of India.
7. Article 15 (4), (5) and Article 16, The Constitution of India.
8. Article 17, The Constitution of India.
9. The discussion on Article 15, which was originally draft Article 9 happened on
29 November 1948. The draft article originally did not contain ‘place of birth’ as
a protected ground, which was added during the discussion through an amend-
ment moved by Syed Abdur Rouf. Draft Article 9 was adopted by the Constitution
on 29 November 1948 itself.
10. As per the regulations, an Air Hostess would retire from service: (1) if they at-
tained thirty-five years of age; (2) on first instance of pregnancy; and (3) on mar-
riage if it took place within four years of service.
11. WP(C) No. 7455/2001. 2 July 2009.
12. Ibid. at para. 94.
13. Ibid. at paras 103–4.
14. Writ Petition (Civil) no. 400 of 2012.
15. Ibid. at para. 59.
16. Writ Petition (Criminal) no. 76 of 2016.
17. Ibid. at para. 40.
18. Ibid. at para. 36.
19. 2015 SCC Online Del 14619.
20. 2018 SCC Online Del 6660.
21. Navtej Singh Johar, discussions between paras 42 and 51.
22. Writ Petition (Civil) No. 1109 of 2020.
23. Ibid., Part F, para. 42 onwards.
24. Ibid. at para. 66.
25. Ibid. at para. 67.
26. Ibid. at para. 69.
27. Ibid. at para. 71.
28. Ibid. at para. 73.
180 Arijeet Ghosh and Diksha Sanyal
29. Ibid. at para. 77.
30. Mayeri (2017) uses the term ‘marital supremacy’ to highlight the legal privileging
of marriage in her analysis of laws that privilege marriage and disadvantage non-
marital families.
31. Writ Petition (Civil) No. 1011 of 2022.
32. Ibid. Justice Chandrachud, at para. 133.
33. Ibid. Justice Chandrachud, at para. 144.
34. Section 5 (iii), Hindu Marriage Act, 1955. In 2019, the Madras High Court in
Arun Kumar and Srija v. Inspector General of Registration and Others WP(MD)
No. 4125 of 2019 held that ‘bride’ included not just cis women but also trans-
gender women. Thus, while transgender persons may get married under the
Hindu Marriage Act, 1955, it still has to be within the male–female binary.
35. Section 4 (c), Special Marriage Act, 1955 and Section 3 (c), The Parsi Marriage
and Divorce Act, 1936.
36. The Divorce Act of 1869 uses the term ‘husband’ and ‘wife’ across various
provisions such as Section 3 (Interpretation Clause); Section 10 (Grounds
for Dissolution of Marriage), Section 11 (Adulterer or Adulteress to be Co-
Respondent); Section 18 (Petition for Decree of Nullity) to name a few.
37. Succession through a ‘will’ is governed by the provisions of Indian Succession
Act, 1925; while intestate succession is governed by Hindu Succession Act, 1956
(for Hindus, Buddhists, Sikh, and Jain Communities). Muslims and Parsis have
their own customary laws of succession.
38. Schedule to Hindu Succession Act, 1956 (Class-I and Class-II heirs); Schedule
I and II, Indian Succession Act, 1925.
39. It is important to note that some progress has been made when it comes to
transfer of property in traditional ‘hijra’ families, wherein some High Courts have
recognized the ‘guru-chela’ tradition existing among these non-conjugal kinship
relations for property devolution. For more details please see: Sweety v. General
Public, AIR 2016 HP 148; Ilyas v. Badsha alias Kamla, AIR 1990 MP 334.
40. Section 24, Hindu Marriage Act, 1955; Section 125, Code of Criminal
Procedure, 1973.
41. Section 125, Code of Criminal Procedure, 1973. See the interpretation of this sec-
tion in D. Velusamy v. D. Patchaimmal (2010) 10 SCC 469.
42. Badshah v. Urmila Badshah Godse and Another (2014) 1 SCC 188.
43. Section 2 (f ), PWDVA, 2005.
44. Indra Sarma v. V.K. Sarma (2013) 15 SCC 755, at para 56.
45. Chinmayee Jena v. State of Odisha and Others, W.P (Cri) No. 57 of 2020, Odisha
High Court.
46. To name a few, Sarva Shiksha Abhiyan, https://darpg.gov.in/sites/default/files/
Sarva%20Siksha%20Abhiyan.pdf (last accessed on 8 February 2024); National
Child Protection Policy, https://wcd.nic.in/sites/default/files/Download%20
File_1.pdf (last accessed on 8 February 2024); Integrated Programme for Street
Marital Status Discrimination in India 181
Children, https://wcd.nic.in/integrated-child-protection-scheme-ICPS (last
accessed on 8 February 2024); Pulse Polio Immunization Programme, https://
main.mohfw.gov.in/sites/default/files/186048546481489664481.pdf (last ac-
cessed on 8 February 2024).
47. Biological parenthood is particularly relevant for schemes such as the Integrated
Child Development Services Scheme, which aim to provide nutritional sup-
port to pregnant and lactating mothers and their children. See https://wcd.
nic.in/integrated-child-development-services-icds-scheme (last accessed on 8
February 2024).
48. However, where biological parenthood is not clearly established, there are few
guidelines on alternative forms of family or care. For instance, the Integrated
Child Protection Scheme (ICPS), started by the Central Government in 2009,
does talk about ‘kinship care’ in the context of strengthening non-institutional
family-based care options for children deprived of parental care, but does not
elaborate on what it means by the same. See Ministry of Women and Child
Development. 2020, 34 (last accessed on 8 February 2024).
49. Nil Ratan Kundu v. Abhijit Kundu (2008) 9 SCC 413, where the court observed
that in selecting a guardian the court looks at factors such as the child’s health,
education, comfort and favourable surroundings for intellectual and moral
development.
50. Sections 7 and 8, Hindu Adoptions and Maintenance Act, 1956.
51. Section 57, JJ Act, 2015.
52. Section 57 (4), JJ Act, 2015.
53. See Ministry of Women and Child Development’s ‘Adoption Regulations’ of
2017. https://cara.wcd.gov.in/PDF/Regulation_english.pdf (last accessed on 30
October 2023).
54. CARA Circular dated 16 June 2022 states that Live-in Couples cannot adopt to-
gether. See https://cara.wcd.gov.in/PDF/Registration-of-cases-of-single-PAPs-
having-a_live-in_partner-in-a-long-time-relationship-and-not-married160622.
pdf (last accessed on 30 October 2023).
55. Indra Sarma v. V.K. Sarma (2013) 15 SCC 755.
56. In the recent decision on same-sex marriage (Supriyo @ Supriya Chakraborty
and Another v. Union of India, 2023), the Supreme Court of India also discussed
the validity of Adoption Regulations. In a 3:2 split, while the majority did not
strike down the regulation citing that the absence of a framework for queer
couples to adopt does not affect the validity of the provision, the dissenting judges
considered the regulations to be discriminative of queer couples. The dissenting
judges further stated that ‘Unmarried couples, including queer couples, can
jointly adopt a child’.
57. Section 2 (r) read with Section 4 (iii) (c)], Surrogacy (Regulation) Act, 2021.
58. Section 2 (s) read with Section 4 (iii) (b)], Surrogacy (Regulation) Act, 2021.
59. Section 41, Surrogacy (Regulation) Act, 2021.
60. Section 2 (1) (e), ART Act, 2021.
182 Arijeet Ghosh and Diksha Sanyal
61. Section 34, ART Act, 2021.
62. One exception is the Maternity Benefit Act, 1961, which is a departure from this
general observation because here, the biological relationship to the child is more
central than marital status. Thus, the benefit of this Act is available to single, un-
married women as well. However, the definition of ‘woman’ under this Act could
prove to be restrictive in as much as it might not be inclusive of trans-men who
might also be capable of giving birth.
63. Section 75, Social Security Code, 2020; Section 25 (3) (v), Occupational Safety,
Health, and Working Conditions Code, 2020.
64. Section 55 (3), Social Security Code, 2020.
65. Sections 32 and 38, Social Security Code, 2020.
66. Section 39, Social Security Code, 2020; Section 92 (1) (d), Occupational Safety,
Health, and Working Conditions Code, 2020.
67. For instance, see Indian Foreign Service (Pay, Leave, Compensatory Allowances
and Other Conditions of Service) Rules, 1961; All India Services (Death-cum
Retirement Benefits), Rules 1958.
68. National Family Benefit Scheme (revised guidelines 2012), https://nsap.nic.in/
Guidelines/nfbs.pdf (last accessed on 14 January 2022).
69. Section 2 (x), Occupational Safety, Health, and Working Conditions Code, 2020.
70. Section 2 (24) and (33), Social Security Code, 2020.
71. Section 2 (vii), Employees’ Pension Scheme, 1995.
72. Section 2 (g), Employees’ Provident Fund Scheme, 1952.
73. Section 2, The Employees’ Deposit Linked Insurance Scheme, 1976 uses the same
meaning of family as has been provided under the Social Security Code, 2020.
74. See https://labour.gov.in/pm-sym (last accessed on 31 October 2021).
75. See https://labour.gov.in/sites/default/files/207531.pdf (last accessed on 31
October 2021).
76. Indira Gandhi National Widow Pension Scheme, https://nsap.nic.in/Guideli
nes/wps.pdf (last accessed on 14 January 2022).
77. There are some exceptions. It appears that Delhi has a pension scheme which
includes ‘destitute’ women (http://wcddel.in/faw.html) (last accessed on 14
January 2022). A scheme applicable in Puducherry specifically includes unmar-
ried women, https://cdn.s3waas.gov.in/s37e7757b1e12abcb736ab9a754ffb617a/
uploads/2018/03/2018032015-1.pdf (last accessed on 14 January 2022).
78. See https://wcd.nic.in/sites/default/files/Revised%20Guidelines%20Swadhar%
20Greh%2C2015%20%28%20English%29.pdf (last accessed on 14 January 2022).
79. Ibid., p. 2.
80. Section 13, Food Security Act, 2013.
81. Some High Courts have also noted that such a benefit should be extended to
transgender persons as well. See Press Trust of India, 2015.
Marital Status Discrimination in India 183
82. Tamil Nadu provides such assistance. https://www.tnsocialwelfare.org/pages/
view/marriage-assistance-schemes (last accessed on 14 January 2022). See also
Machaiah (2021).
83. Section 14 (3), Mental Healthcare Act, 2017.
84. Section 2 (e) Mental Healthcare Act, 2017.
85. See https://pmjay.gov.in/about/pmjay (last accessed on 31 October 2021).
86. Ibid.
87. Section 2 (i), The Transplantation of Human Organs and Tissues Act, 1994.
88. Guideline 7.1.6, Indian Medical Council (Professional Conduct, Etiquette and
Ethics) Regulation 2002.
89. See https://pmaymis.gov.in/PDF/HFA_Guidelines/hfa_Guidelines.pdf (last
accessed on 31 October 2021).
90. Ibid. at pp. 52–9.
91. Ibid.
92. Ibid.
93. Section 5 (1) (c), Citizenship Act, 1955.
94. Section 7A (d), Citizenship Act, 1955.
95. Section 3, Anti-Discrimination and Equality Bill 2016.
96. The Equality (Prohibition of Discrimination) Bill, 2021.
97. The Equality (Prohibition of Discrimination) Bill 2021, Section 1 (33).
98. Supriyo @ Supriya Chakraborty and Another v. Union of India, Justice Bhat
(speaking for the majority), at paras 108–18.
99. Ibid. Justice Bhat, at paras 115–16.
100. Ibid. Justice Chandrachud, at paras 227–30.
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6
Familial Crisis and Marriage
The ‘Navigational Capacity for Aspiration’
Rama Srinivasan*
At the height of the farmers’ agitation against the three new farm laws
passed in 2020, various commentaries surfaced on the revolutionary po-
tential of such a mobilization and, specifically, its likely implications for
caste and gender equations in contemporary North India. The reconcili-
ation forged between communities (Tiwari, 2021) as well as the presence
of women from regions that have thus far rigidly policed women’s mo-
bility (Aljazeera, 2016) were some of the factors that gave commentators
hope for some utopic shifts in the North Indian landscape (Kaur, 2021).
While many of the trends may appear unprecedent for the social milieu,
they were part of large-scale but till then invisible transformations al-
ready underway in North India.
As a region that was a major beneficiary of the Green Revolution pro-
ject, the North Indian states of Punjab and Haryana have celebrated their
agrarian lifestyle and the prosperity of land-holding peasantry as dom-
inant themes in local culture and political messaging. And yet, my ethno-
graphic research in Haryana (conducted between 2011 and 2018) has
shown that the society has, in some ways, already moved away from agri-
culture, which has been an ailing sector for years. Similar trends have
been recorded elsewhere in India but, as an anthropological work, this
chapter will focus on ethnographic data from Haryana to examine some
of the socio-economic shifts that were in motion even before the farm
* The chapter is drawn from publications completed with funding received from the European
Union’s Horizon 2020 research and innovation programme under the Marie Skłodowska-Curie
grant agreement No. 890826.
Rama Srinivasan, Familial Crisis and Marriage In: Family Studies. Edited by: Anuja Agrawal, Oxford
University Press. © Oxford University Press 2024. DOI: 10.1093/9780198930723.003.0007
188 Rama Srinivasan
bills were introduced in 2020 and the crises in family and kin groups
such moves have resulted in. These crises manifest most clearly in deci-
sions regarding marriage and also hold implications for where the society
is headed, irrespective of the future of agrarian reforms. Intercaste and
‘love’ marriages as well as the so-called honour killings have been part of
mainstream discourse on Haryana but, through this chapter, I will high-
light how these trends are a symptom of rather than the cause of crises in
family/kinship.
In the subsequent sections, I will map out the shifts in the aspirations
of young people from Haryana regarding their careers and marital pref-
erences, which hold a window to the future, a post-agrarian one. While
the farmers’ protests largely represented Jat (belonging to both Hindu
and Sikh faiths) interests as one of the primary groups to benefit from
the Green Revolution in Haryana and Punjab, my ethnographic research
captured how agrarian lifestyle and the plausible post-agrarian future af-
fects communities across the spectrum. While the political and historic
background, which I will enumerate in the next section, reflects the inter-
ests of the landed peasantry, my interviews, especially among couples be-
longing to different castes, dwell on how the current moment of crisis
influences women and men from divergent backgrounds.
My interviews with Haryanvi men show that despite the acute agrarian
distress, land is still central to identity formation. The thought of not
having any land to one’s name was a deeply disturbing one and also the
basis of the disregard for, and insecurity experienced by, men from lower-
caste backgrounds. Many male students I interviewed in Haryana and
Chandigarh sought non-agrarian jobs but still hoped that their families
would retain the lands they still owned. ‘One should have at least some
land’ was a common sentiment, with one Jat man stating that ‘at least one
acre (43,560 square feet)’ was important, which seems reassuring only on
a symbolic level. The subject of shrinking landholdings due to divisions
among brothers also provokes emotional responses. Mahesh, also a Jat
man, said he argues with relatives who hint that he and his brother will
eventually end up dividing the family holdings between themselves. For
Abhay, a Bishnoi, who said he wants his family to ‘stay together’, not split-
ting the land was an indication of close family ties and the trust he had
placed in his brother by leaving his share in the undivided property in
the latter’s care. These men, who had no interest in farming themselves,
were suggesting that stalling the trend of shrinking land parcels required
emotional labour that they were willing to perform. Men like Rohit, who
came from lower-caste backgrounds and did not have family-land to fall
back on, were not as affected by the agrarian crisis and were even motiv-
ated to work harder to succeed in a political economy no longer skewed
in favour of the land-owning castes. One parent from a lower-caste com-
munity called the land ownership considerations in matchmaking a
‘Jat-obsession’ and just hoped that her daughters will be married off to
someone from an urban context where agrarian considerations are no
longer a factor.
Students in Chandigarh recall lectures from their parents, who ad-
vised them to find occupations outside their villages because ‘there was
no future in agriculture’. In my observation, Haryanvis had already been
preparing themselves for life after agriculture, hopefully with govern-
ment jobs, and are willing and at times even eager to sell their land for
huge sums. A long-time social activist recalled an experience he had had
with people protesting against a proposed automobile factory plant in the
Gurugram district: ‘Many farmers arrived for the protests in SUVs and
Familial Crisis and Marriage 195
privately asked me to negotiate for one or two million more on their be-
half.’ The activist’s experience with a proposed nuclear power plant in
Fatehabad was similar; it was not the fear of ecological disaster that trig-
gered the protests, he cynically insisted, although that was the ostensible
reason. According to him, protests against land acquisition in Haryana
were mostly aimed at securing higher compensation for landowners.
I realized over the course of my fieldwork that when informants re-
ferred to ‘some land’ or ‘at least one acre’ they literally meant that they
hoped their family would retain a small farm as a matter of pride while
selling the rest of their land to the highest bidder. Strathern’s Partial
Connections (1991) is a useful reference for understanding Haryanvi
men’s relationship with land and how it mediates social ties. Part of
Haryanvi masculinity is entwined with family-owned land, creating
hybrids that, in turn, determine local networks and connections. Among
men from dominant communities, lack of land ownership is often per-
ceived as emasculating and it determines the nature of their relationships
as well as their conduct with women and individuals from landless com-
munities. In interviews with dominant caste members, the existence of
land ownership among lower castes has also been referred with consid-
erable consternation. Lack of land ownership consequently can become
critical for self-identity even among communities with traditionally
smaller or no landholdings. Given its currency in a toxic masculine envir-
onment, land—or at least some kind of property—ownership becomes
an aspirational goal along with the coveted government jobs among indi-
viduals from marginalized backgrounds.
Apart from determining key decisions, including political affiliations,
weddings in North India were also primarily finalized according to con-
siderations of land with its explicit purpose being the need to preserve
and perpetuate ownership between certain groups and networks. For
Haryanvi men, the idea of remaking self/personhood in a post-agrarian
world is consequently a painful one, even for those who have already
moved away from agriculture.
The fading agrarian lifestyle and/or loss of land is, however, also an
event that breaks long and deeply entrenched hegemonies. For women
and individuals from historically landless communities, it can be lib-
erating to move from an agrarian economy where their labour is both
mandated and unrecognized. Although agriculture has been central to
196 Rama Srinivasan
everyday life, they are not necessarily thrown into an identity crisis by the
loss of land. Women from the privileged communities have a more am-
biguous relationship with land—resources flow from family-owned land
but they have no control over decisions regarding land use and indeed
seldom hope to inherit land despite recent legislation in their favour.
Agricultural cycles still control women’s lives to a certain extent—school
and college teachers report more absences in particular months—but
as the cycles get shorter due to climate change and contract farming be-
comes widespread, individual contributions to farming have fallen.
Women appear to be making the transition more smoothly because
they do not inherit land and consequently their identities do not hinge on
it. Families also often encourage women’s employment, hoping to sup-
plement farm income with their salaries. In my ethnographic observa-
tions, by and large, young women appeared restless, seeking to attend
more courses and pursue several centralized examinations, whereas the
majority of young men seemed listless and unmotivated, lounging next
to motorbikes at bus stops and markets. The ambitious among them had
either already left their villages or were commuting great distances to re-
gional cities in the hope of attaining a better education.
Men who were enrolled in Panjab University, for example, said they
needed to work harder than their Punjabi peers because their families
had ‘sent them so far’. Young men who were left behind in the villages,
including those from lower castes, waited for opportunities to happen
to them in unemployed or underemployed situations. My questions on
education goals were received with interest by women and men from
underprivileged communities in rural settings, who frequently also
sought my advice. Men from privileged communities did not treat inter-
view questions about higher education with the same eagerness or en-
thusiasm. Those who were willing to talk about their lives at college often
listed their dominant interests as riding motorbikes with their peers and
seeking to meet women.
Though aspirations for romance also figured in women’s narratives,
the contrast between privileged men and women from their own fam-
ilies was dramatic. Despite shouldering the burden of household tasks
and farmwork from an early age and being constrained in their domestic
spaces, women usually found ways to continue their education. If they
were not allowed to attend regular courses, they enrolled in long-distance
Familial Crisis and Marriage 197
programmes. Due to Haryana’s policy focus on training some of India’s
best sportspersons, many women completed their degrees while en-
thusiastically opting for athletic training and availing of opportunities
to travel to other parts of the country and participate in competitions.
Achievements in sports competitions led to greater chances of employ-
ment in the public sector, making such women ideal brides in the mar-
riage market.
The homosocial lives of Haryanvi women were also getting restruc-
tured around the experience of commuting or walking to colleges to-
gether. To keep themselves and others safe, they forged and sustained
bonds that extended beyond their kin and caste-based networks. Leaving
for college or other classes (e.g., private instruction for recruitment exam-
inations) was also a legitimate reason for escaping the domestic space. In
interviews, some women expressed a desire to prolong the length of their
education or to achieve more milestones in order to shake off the bonds
of domesticity and/or delay impending weddings.
Delays in weddings could also, conversely, lead to more degrees. One
student in her twenties revealed that she had been betrothed for some
time at the time of our interview but her family was finalizing suitable
matches for her siblings in order to host a joint wedding. In the mean-
time, she had trained to work in anganwadis (village-level, government-
run childcare units), completed a Bachelor’s degree in education, and
was pursuing her Master’s in economics. She explained that her career
decisions would have to wait but, meanwhile, she commuted a long dis-
tance every day to continue her education.
Anita, who came from a modest Punjabi family, worked at an exploit-
ative private school while she prepared for the National Eligibility Test,
which is required for a job in the higher education sector. Although Anita
complained regularly about her poorly paid job where she was constantly
humiliated, she did not stay idle as she waited for a government job to
come to her. Sakshi, a Jat woman, who was her best friend and possessed
the same qualifications, had chosen to not work, but she accompanied
Anita to the city to attend coaching classes for the same exam. This was
Sakshi’s only legitimate excuse to travel to the city, as she was wary of
being spotted there without a purpose by older Jat men from her village.
Perhaps the most salient factor in their quest for education, sub-
stantiated by numerous interviews conducted in rural Haryana and
198 Rama Srinivasan
Chandigarh, is the self-confidence young women developed through
holding a clutch of degrees and the respect they received for these
achievements. Whether it was the regard of a previously dismissive
mother-in-law or a woman’s refusal to do certain domestic chores after
finishing high school, stories in rural Haryana abound with examples of
the ‘perks of education’.
In popular conception, education is a means to obtain a decent job and
secure upward mobility but, for Haryanvi women in particular, it offers
an excuse for free movement, social contact, and exposure to the outside
world. Free movement considerations held no meaning to the unfettered
sons in Haryana, and pursuing and completing degree did not automat-
ically enrich their lives. Unless they secured ‘office jobs’ in the public
sector or secured admission to an institution outside Haryana, pursuing
education for its own sake was often not rewarding.
When I was in rural Haryana, I observed that community elders were
just beginning to recognize the discrepancy between the educational
achievements of women and men. At least three older male interlocutors
were especially concerned about the lack of motivation to secure jobs de-
tected among Haryana’s much-valued sons. The sarpanch (elected vil-
lage head) of a large, Jat-dominated village waxed eloquent about his
daughter’s educational merit and self-confidence, expressing pleasure
that her city-based parents-in-law have also acknowledged her accom-
plishments. In contrast, his son had incurred huge tuitions bills at a pri-
vate engineering college but displayed no motivation for employment.
He had refused to work in the private sector after only a week of employ-
ment because he disliked ‘taking orders’ and now spent most of his time
drifting about aimlessly. As a real estate agent and an owner of large farm
holdings, the sarpanch could sustain his son’s unproductive life. But he
mourned the opportunities the young man had wasted and his lack of
motivation even with regard to the father’s existing business concerns.
‘He doesn’t even know where our farms stand’, he scoffed as he dismissed
the subject of his son.
In summary, women appear to have taken the initiative to change their
disadvantageous situation. They are motivated to work hard in a neo-
liberal ideology-driven India that demands individual effort and initia-
tive rather than drudgery in the form of unrecognized labour. Whether
or not the ideology delivers on its promise, it has helped women from
Familial Crisis and Marriage 199
traditionally agrarian communities see pathways to the future where men
may not. Like all other groups, dominant communities seek security for
the future, demanding jobs in state institutions—in place of land—as the
resource the community can circulate among themselves. But I have often
observed that Jat men felt entitled to dominate the post-agrarian society
without always feeling motivated enough to chase opportunities. Their
failures as well as the competition they faced from women and individ-
uals from lower castes is leading to hopelessness, frustration, and rage.
The hopelessness of some men and the immense hope many women
held determine their individual approaches to marriage, especially love
marriage. Aspirations for future careers and marriage are linked as mar-
riage, social position, and prosperity almost always are. The discrepancy
between the achievements of men and women helps us get closer to ana-
lysing why some women might want to expand their horizons when it
comes to finding potential spouses, either outside their own castes or
through an insistence on motivated, well-qualified men who believe
in mutual respect in relationships. The next section will include some
voices from the field who spoke at length on their thoughts and/or deci-
sions on marriage.
Sakshi was very explicit regarding her preference for arranged marriage
but this was not simply an attempt to uphold patriarchal values or local
customs. As I spent time in her company I noticed that during our con-
versations regarding the plight of women (financial or otherwise) in ex-
ploitative marriages, it was clear that Sakshi was worried about her own
uncertain future. She criticized patriarchy with the English term ‘male-
dominated society’. She and her family were already adapting to the
changes in their personal and social situations. Sakshi’s mother stressed
that the young woman’s consent would have to be ascertained before a
match is finalized though she herself was never consulted when she was
wedded as an adolescent. ‘I was not asked because I was illiterate. I did
not know anything. But Sakshi is well-educated’, the mother explained.
These were not empty words, for Sakshi had on one occasion reported
that she had recently turned down a ‘good match’, according to her
200 Rama Srinivasan
parents’ standards, because the suitor’s family-owned buffaloes. ‘I cat-
egorically told my father that I cannot work with animals’, she explained.
Sakshi implied in this exchange that she was acutely aware of the sexual
division of labour in her community and its non-negotiability—as the
only woman among several male cousins and brothers, she performed
a lot of household chores in addition to pursuing higher education—but
she had the option of aspiring for different horizons, a life far away from
home. ‘I want to get out of here. One keeps coming back to the same cir-
cles and conversations’, she exclaimed in frustration on one occasion. She
later added in the same conversation that she had told her father that she
wants to leave the region. Her aspirations, which included a desire for ad-
venture and intellectual stimulation, could only be met, in her opinion,
with either a (government) job that took her elsewhere—or, more likely,
with marriage. In her framework, marriage was a rational decision that
should further her aspirations rather than circumscribe them.
Interviews with young Haryanvis with different ‘relationship sta-
tuses’—those who are dating, engaged, waiting for their parents to arrange
their matches, recently married, and married for a while—revealed that
their desires were not always paradigm-shifting but rather an individual
negotiation to make the existing frames work better for them. Ravinder,
a young man from a Bishnoi family who was in a long engagement at the
time of the interview, had an undergraduate degree in commerce. Three
years, he claimed, had been wasted in a college that taught him nothing
useful. College for him and his friends had been about hanging around,
riding their bikes, and, for some, trying to court women. If Ravinder had
been interested in the last activity he did not reveal this as our interview
had been set up by his fiancée Kavita. At the time of the interview, he
was planning on establishing a dairy production unit. He told me that
farming was not a lucrative occupation and his family had many hands
involved in the occupation already. With dairy production, he was not
deviating too much from the family lifestyle but consciously resisting
the other, highly desirable course—government jobs. He said: ‘I am not
scared of work (manual labour) or ashamed of it. I don’t want to be like
my college friends, who either want an “office job” or are willing to while
away their time. If my dairy business does not work out, I am ready to go
back to farming. The sun, heat or hard work does not bother me.’ When
I asked him if Kavita supported this plan, he replied that she was actually
Familial Crisis and Marriage 201
the inspiration behind it. She regularly pushes him to not sit idle at home,
living off his parents’ money.
When his match was being finalized, he had, like other young men
in the region, sought to know his fiancée better before the wedding. ‘I
asked her brother for her phone number, which he refused despite being
roughly my age. But I had many friends in their village so I made it happen
anyway. Marriage is serious business, I needed to know what she was like,
whether we will be compatible. Now I am madly in love with her’, he re-
vealed. Ravinder accepted the match arranged for him because, he said,
family is an important factor in his life and he did not want to disappoint
anyone. And, although this is not underlined in his narrative, I could also
see that his aspirations required family backing, for both finances and
labour. Apart from the space required for such a production unit, ideally
within farms, I had also learned that, regardless of their caste, men in
the region did not work cows and having the family structure intact was
important for his future plans. He saw marriage as enabling in other ma-
terial ways: he noted gleefully that a car in dowry usually means a big one.
He also hoped that Kavita would find a teaching job with a public school
one day. He expected her to work fewer hours in a day, which a govern-
ment job at a public school allowed for, so as to ensure domestic work
does not suffer even as she brings in an assured income.
That Ravinder did not present any threat to the prevailing social norms
is apparent from his stated preference for a familiar gender-based div-
ision of labour and the hope that his spouse will achieve the benchmark
of success that he had not—the coveted government job. But the match
had had a positive influence in Kavita’s life as well. Her paternal uncle
had taken a unilateral decision not to send her to college and she had
been enrolled into a long-distance degree course. According to her, when
her uncle had sought to finalize her match a few years back, her older
cousin Hardeep had intervened and argued that the (‘our’) girl was still
very young. He had stressed on a long engagement so that the girl would
at least finish her undergraduate degree before entering wedlock. Kavita
additionally accompanied Hardeep’s wife to teach in a private school for
a miniscule salary.
She had, in this way, been allowed both the time to experience adult-
hood outside the bonds of domesticity and develop a relationship with
her fiancé. It is in this latter experience that she had made a radical
202 Rama Srinivasan
departure. When she informed me of her first meeting with her fiancé
she mentioned several times that I should not tell her male cousins. ‘He
brought duplicates of my mark sheets (transcripts) from the university
to my school because I was planning to apply for another course. I kept
chasing him away once he had handed over the papers because I was
afraid someone would see us and inform my family. But the next time
I meet him I am not going to be so scared’, she said, describing the event. In
Kavita’s case, too, romance and life goals, which dictated that one should
not vegetate at home, had entwined. Ravinder had become an agent who
connected her sheltered life with the presumed world of opportunities
beyond. Despite having some misgivings regarding Kavita’s exploitative
job and its future prospects, Ravinder was clear that he was not going to
stall her educational goals. In fact, he disparaged at the family’s decision
to enrol her into a distance-learning programme and claimed that he was
going to have her attend a regular Master’s programme after they were
married. It appeared to me that irrespective of the quality of education
that he had himself complained about, Ravinder held the attainment of
educational degrees an important aspect of what makes a person whole
and how people perceive them. Ravinder and Kavita’s marriage may con-
tinue to be a patriarchal one but it nevertheless sought to address some
persisting societal inequalities and achieve a companionship where both
parties could strive to maximize on their existing opportunities in each
other’s company.
Those who chose love marriages over family-arranged ones also ex-
plained their decisions as rational decisions designed to achieve better,
liveable futures. Navjot, a lower-caste Sikh woman, aspired for a more
collegial marriage when she was still in high school. Friends her age had
already been married and were reporting to her discomforting experi-
ences. In retrospect, she said: ‘I always knew I wanted to find a partner
on my own. With love marriages, you know what you are getting into . . .’
The fear of arranged marriages was already growing in her mind when
she came across Baljeet, who was from a locally dominant land-owning
caste of Bishnoi. ‘It was so long ago’, says Baljeet, as he recalls with some
uncertainly that they had one meeting after which they embarked on a
primarily cellphone calls-based romance. But Navjot is confident that
there had been no meeting; just phone conversations that were held sur-
reptitiously. When they met for the first time, Navjot insists, Baljeet had
Familial Crisis and Marriage 203
proposed marriage unequivocally. But fears of whether she would be able
to adjust with a community different from her own prevented her from
accepting the proposal immediately. She says it was almost a year before
she finally came around to the idea. ‘I shared everything with him. He
used to listen patiently and respond/advise. Eventually I realized woh
meri kitni care karte hain (He cares a lot about me).’
Navjot employed this intriguing phrase that has resonance in the
Hindi-speaking belts of North India—the English word ‘care’ is followed
by the Hindi verb karte, which means, ‘to do’. The sequence of words sug-
gests something different from the English usages (they/he/she) ‘care/
cares’ and ‘take care’ (of someone). Navjot describes it as something her
husband does (so care is deployed here as a noun and not a verb). Navjot
and other women I met, like Radhika and Kusum, used the word ‘care’ to
articulate what they think their partners were doing right to inspire confi-
dence and trust. It was not just a feeling or emotion that people show with
subtle gestures and not the care work that is undertaken for the elderly or
sick. For Radhika, it is the gesture of doing housework that endears Jeet,
her husband, to her: ‘He supports me as I pursue my college degree and
motivates me in every way; he even does housework. Bahut caring hai
(he cares a lot).’
Radhika was the first woman in her lower-caste community3 to have
started college, an accomplishment her parents were proud of. ‘My
parents only accepted his family’s proposal when they assured us that he
will not stall my education’, she explained. The fact that he not only en-
couraged her to study but also supported her by doing domestic chores,
despite the prevailing norm of rigid gender-based division of labour, con-
vinced Radhika of his care.
As a poet and research scholar, Jeet had come into contact with pro-
gressive circles in the region and expressed strong views on gender parity.
Nevertheless, he felt obliged to marry within his caste, a trait I often
came across in smaller communities with less political and social cap-
ital. Few people in such communities achieved professional success, and
Jeet, a newly appointed junior lecturer in the public schooling system,
was a highly valued suitor. As ‘one of the best’ in the community, he was
expected to marry ‘one of their own’. He chose Radhika out of a strong
sense of obligation that he explicitly articulated. When I interviewed
him, he was hoping to enrol Radhika into a Master’s programme at
204 Rama Srinivasan
Chandigarh-based Panjab University, an opportunity he himself did not
have. ‘I just want to set the child up for a good career’, he said. Using the
word child for his wife signified a considerable age difference between
the two as well as the nurturing role he had taken on for himself in the
relationship. Jeet’s interview regarding his marriage, which was non-
normative in his own sociological context, additionally revealed a so-
cial and political commitment towards greater gender equality that had
translated into improving her individual prospects.
Kusum, one of the few women who spoke to me openly about her
phone-based romance, has had few occasions to meet her ‘friend’ since
she started attending college. The friend was a peer from her school days
and they had remained together despite the distance and lack of oppor-
tunities to meet in person. ‘I like talking to him. I feel like I can share
everything with him. . . . Yes, I would like to marry him someday, but
that is far off in future. I must first complete my education and find a job’,
she explained in a narrative that had become familiar. In Kusum’s narra-
tive, which focused on her aspirations for a career, the friend constituted
a vital support system but marriage was not the ultimate goal. She does
expect to marry him some day and hopes that her parents would bless the
match. ‘At the moment, they don’t want to talk about it, although I think
they suspect. If both of us are already set up in our careers, parents are
less likely to object’, she explained.
For women from this region, which historically considered them
‘shoes for the feet’ (Chowdhry, 2007), the tendency among some men to
treat them as a real person, to patiently listen and engage with their aspir-
ations signalled a cross-gender relationship different from what they had
taken to be the norm in their own families. They sought partners who
treat them as good friends, bestowing them with special regard, in a re-
gion notorious for its mistreatment of women.
Couples, who had attempted to negotiate for care in their relation-
ships, appeared to me more hopeful for their future than those interlocu-
tors who had been forced into arranged marriage situations. For some
of my interlocutors, this hope alleviates them from the current state of
uncertainty and social turmoil. This is especially true for eloping couples,
who experience both the upheavals in socio-economic spheres and fear
for their immediate future, one that could include social boycott and/or
Familial Crisis and Marriage 205
physical harm. They still largely spoke with optimism when I asked them
about their life goals and future plans.
Baljeet’s locally dominant Bishnoi caste, for example, had initially not
taken kindly to his elopement and marriage with his brothers threat-
ening to evict and disinherit him from the family home and landholding,
respectively. For Navjot, experiences such as building their own house
after eviction and farming the land Baljeet had eventually wriggled out
of his brothers—while he was busy setting himself up for trade—signified
a success that, she believed, had eluded the brothers’ families. Today,
Baljeet is the only one of four brothers to have an income independent
of agriculture—a successful shop in a nearby city. He did not get a ‘truck-
load of dowry’, he noted, or any kind of family support during his years
of struggle but looking back at their personal and financial travails he
quipped: ‘If you want to make something of yourself, love marriage can
be a good thing. But everyone prefers pre-cooked meals.’
In a region where most parents today encourage their male offspring to
leave behind agriculture and ‘make something of themselves’ outside this
traditional occupation, Baljeet seems to claim that love marriage can give
you the sufficient impetus to do exactly that. Not everyone is, however,
granted the opportunity to make something of themselves. As bureaucrat
Ashok puts it, those who have are careful about not losing their positions,
especially if they have worked hard for it. ‘I notice that those who elope
and visit courts are the most abject set. People without much education,
daily wage labourers, and so on. Once you have achieved something in
life, the tendency is to conform to norms’, he quipped. For those who
have not had the opportunities (especially women and people from lower
castes) or were not able to maximize on them (Baljeet belonged to this
category), crises, such as the ones created by loss of land or by love mar-
riages, paradoxically allows them to live up to, in more complete ways,
this prevailing maxim of ‘making something of themselves’.
The neoliberal mandate of individual effort and initiative towards
securing a better future works in tandem with the state’s liberal founda-
tions, which guaranteed the individual liberty required to forge unusual
pathways. However, the individual’s commitment towards the liberal
values that guaranteed their liberties in the first instance is as uncertain as
neoliberalism’s efficacy in living up to its promise of a better life. Neither
can be overstated. Moments such as the introduction of new farm laws
206 Rama Srinivasan
may energise the collective to come together to fight an existential battle
even as the individuals configure their own individual battles. Although
these struggles, both at the individual and collective levels, are decidedly
political, they have not—as yet—translated into stable ideological affili-
ations for the individual or the community. These are instruments that
are deployed to surmount an intergenerational crisis that has been trig-
gered by transformations in the political economy. They may or may not
have a long-term, sustainable impact on political affiliations but their im-
pact on marital and family patterns is clearly discernible.
Conclusion
North Indian communities have some legitimate fears regarding the fu-
ture as seen in the protests against the land acquisition ordinance of 2015
and the farm laws of 2020. But the campaign for affirmative action in 2016
also revealed a strong and violent resistance against the redistribution of
intangible resources that would secure the future of communities as a
whole and, in some cases, allow the continuation of local dominance. It is
too early to determine whether the farmer protests would lead to a more
progressive society—news of Jat mobilizations against local Muslim
populations on the question of intercommunity marriages, popularly
known as campaigns against the so-called ‘love jihad’, already function
as warnings against drawing any hasty conclusions. What is clear from
my ethnographic research is, however, that the society has already moved
away from agriculture at the level of family. While a majority of young
women and men attempt to negotiate their aspirations within the limits
posed by the ‘map of norms’ that will deliver them to the future, a sig-
nificant number is ready to take decisions that may not align with tra-
ditions and secure their individual interests rather than the future of
the community as a whole. Women, in particular, have less motivation
to pursue the community’s vision for the future, especially on the topic
of marriage. Men like Baljeet have shown that a non-normative decision
on marriage can result in a short-term family crisis but, in the long run,
might prove empowering. Whether it is an arranged or love marriage,
decisions on marriage are a symptom of and a response to the ongoing
socio-economic crises.
Familial Crisis and Marriage 207
Notes
1. According to a 2018 survey conducted by the Centre for the Study of Developing
Societies, between 2007 and 2016, the number of Indian youths who would prefer
a government job grew from 63 to 65 per cent. Sixty-five per cent of young people
in small cities and 69 per cent in villages today seek government job. A whopping
82 per cent of rural graduates have this aspiration (Kumar and Gupta, 2018).
2. All names have been changed to protect the identity of the interlocutors.
3. Given that it is a very small, close-knit community, I have opted to anonymize the
identity as well as the caste name of this interlocutor.
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PART III
TRUST, BETR AYA L , A N D
SH I F TI NG R EL ATIONS
7
Locating Friendship in Family
A Study of Indian Elites
Parul Bhandari
Dynamic Friendship
Parul Bhandari, Locating Friendship in Family In: Family Studies. Edited by: Anuja Agrawal, Oxford
University Press. © Oxford University Press 2024. DOI: 10.1093/9780198930723.003.0008
212 Parul Bhandari
These overlaps and differences between kinship and friendship beget
further questions on their interlinkages and entanglements. For instance,
what is the place of friendship in kinship networks and structures, and
can kin like relatedness be invoked in friendships? Rudolph and Rudolph
(1967) discuss the tendency to use fictive kin terms for outside-kin rela-
tions, including friendship, or even general social interaction, in North
India. We see similar usage in contemporary India as well as, for example,
strangers as auto-rickshaw pullers, shopkeepers are often referred to as
bhaiya (elder brother), and women referred to as didi (elder sister), es-
pecially in North India. In this chapter, I am primarily concerned with
exploring the former question, namely, what is the place of friendship in
kinship relations among the elites of Delhi, specifically the women mem-
bers of a family.
Much scholarship has focused on understanding the structures and
practices of friendship, especially in the context of growing number of
cities, rise of capitalism, and feelings of disenchantment and anomie in
consumerist society (Bauman, 2003; Beck, 1992; Giddens, 1993). In the
Indian context, research has studied friendship in cultures of leisure,
consumption, and education (university) in small towns (Osella and
Osella, 1998) as well as how friendship is linked to activities of ‘time pass’
and political identities (Jeffrey, 2010). Other studies have adopted a crit-
ical perspective to explain how friendship leads to reproduction of in-
equality and brings out the differences between social groups or identity
(Allan and Adams, 2006; Bell and Coleman, 1999; Bourdieu, 1987). For
example, Osella and Osella’s research (1998) comprehensively explains
how hierarchy is subverted, reversed, denied, and re-affirmed in friend-
ship (and flirting) among young men and women in Kerala. They ex-
plain that while on the one hand men develop strong friendships around
a ‘college culture’ of sharing and caring, they also belong to different
caste backgrounds which create hierarchies within these friendships.
However, these caste hierarchies are also contested within the bounds of
friendship. Equally, studies also show how friendship among marginal
groups help overcome their feelings of subordination and provide hope
(Featherstone, 2008). Pertinent here is Ramaswami’s (2007) ethnog-
raphy on factory-workers in Okhla Industrial area, Delhi, as he explains
the relevance of maza (fun) and mazak (humour) among workers to deal
with their working conditions and poverty. These bonds of friendship are
Locating Friendship in Family 213
built on shared experiences of work, helping each other cope with dismal
situations of poverty, while also supporting dreams and desires, and in
turn, asserting and creating a sense of masculinity.
The interplay between work and friendship is also brought out by
Dyson’s (2010) research in Uttarakhand, specifically on the leaf-collecting
practices of young girls. Though the girls are already related to each other
through kin networks, they prefer to see each other as friends because the
love, support, and care they provide for each other in this task is beyond
their kin identities. Leaf collecting is a physically exhausting task that is
given to them by their family members, and the one way in which they
cope with its demands, and also enjoy it, is by providing support and care
to each other (helping each other tie the branches or one girl working
more if the other is unwell) and having maza (fun) while undertaking
this work. This along with a ‘shared belief in the moral importance of
meeting village expectations’ (2010, 491) ties them in a bond of trust and
care, which they see as friendship rather than kinship.
Turning attention to Hindi cinema and how it unpacks this relation-
ship of kinship and friendship is the insightful perspective of Vanita
(2013), who argues how, in films, friendship encompasses both the inten-
sities of an erotic partner as a friend (tales of best friends falling in love)
and the friend as a sibling (friends who see themselves as sisters). A key
element is the sentiment of sacrifice, which was best exemplified in the
super-hit Bollywood film Sholay (‘Embers’) (1975), where one friend is
willing to die for the other, as they consider each other as siblings and
not just friends. While Vanita focuses on how one friend sacrifices one-
self for the other, there is another typical storyline in Hindi (and perhaps
Indian) cinema wherein a friend gives precedence to the friendship over
romantic love.1
Building on the above themes, this chapter shows how friendship
creates an added sense of trust and confidence in family relations, es-
pecially between a newlywed woman and her in-laws. In so doing, this
chapter focuses on how spaces and practices of socialization between
family members such as dining out, social events, and ‘kitty parties’ help
forge and maintain the bonds of friendships. It is through these activ-
ities that secrets are shared and suggestions and guidance provided on,
for example, how to navigate new family relations. While this research
delves deeper into friendship it also provides an insight into the modern
214 Parul Bhandari
iterations of kinship by shedding light on whether kin roles, duties, and
obligations are undergoing changes in contemporary Indian society.
Here, by ‘modern’, I do not mean ‘new’ or a clean break from the past
(Chakrabarty, 2000; Choukroune and Bhandari, 2018; Dube, 2012), to
in turn imply that emotional support or female friendships within kin
groups is a ‘new’ experience. Rather, the intent is to highlight how women
engage in a modern self-fashioning through the formations of friendship
within their kin networks. Though this aspect is not discussed in-depth
in this chapter, it serves as an interesting topic to explore in urban context
where there are fewer siblings, hectic work lives, and therefore greater
interest in forming longer lasting non-kin-like relations with kin.
These friendships, as we will see in the chapter ahead, are not un-
changing. They might be fostered on bonds of trust and dedication, but
they are also marked by jealousy, anger, and mistrust. As such, these
friendships are not neat narratives of support and trust. Friends can
cause deceit, stress, pain through betrayals, and these prove dysfunc-
tional for family relations because when relations sour between two
kin members who are also friends, their families relationship also gets
affected.2 Additionally, I also bring out how friendships operate with
hierarchies and inequalities leading to asymmetrical relations (Osella
and Osella, 1998). These hierarchies are at times reiterated in practices
of socializing and are subverted. My aim, however, is not to argue that
friendships are conflict-driven or marked by deep inequalities. Nor do
I provide an extremely positive and optimist ideal of friendship. Rather,
I show how friendship fulfils contradictory functions (Dyson, 2010;
Phadke and Kanagasabai, 2023) in the context of kin relations—it pro-
vides support but is also the source of betrayal. As such, this chapter
explores how the bond of love, albeit one steeped in friendship, defines
relatedness between affinally related women. Furthermore, by studying
why two female cousins or sisters-in-law see each other as friends, it sheds
light on whether there is a greater likelihood of friendship between spe-
cific categories of kin. Significantly, it lays bare the dysfunctionalities of
Indian families and the vulnerabilities of the privileged section of Indian
society, emanating from their affective and familial worlds.
This analysis is based on an ethnographic study of Delhi’s ‘super-rich
housewives’ of Punjabi and Sindhi backgrounds.3 These elite women
primarily belong to business families and my focus has been on newly
Locating Friendship in Family 215
married women. I spent over eighteen months with groups of elite
women, visiting their homes, attending their social events, including kitty
parties, religious gatherings, and weddings.4 I did not have uninterrupted
access to these exclusive worlds, given the class and status asymmetry be-
tween us, and in that it was a distinct and challenging experience of con-
ducting research ‘up’. Equally, there were times when women dropped
their guards and trusted in me and provided what seemed like an honest
and heartfelt account of their situations and incidents related to trust and
betrayal.5 While friendships between male family members is also an
important topic of enquiry, I chose to specifically focus on women pri-
marily on two counts: firstly, as a woman researcher I had easier access
to women and their intimate life worlds, and secondly, I observed that
as housewives or newlywed brides, women tend to reach out to other
female members within families to be a good wife or daughter-in-law.
This in itself provides an insightful account of modern role expectations
of women.
The ethnographic material is presented in two sections: the first sec-
tion focuses on how cousins and kin relations become close friends, for
which I draw attention to the activities through which they create this
bond (meeting up, going out) and how this bond is created, namely, by
offering support in times of distress, confusion, and providing general
guidance on navigating difficult family dynamics. In the second section,
I focus on the tales of distrust and betrayal by friends that are close kin
usually when confidence is broken by revealing secrets. I conclude by
bringing together a few key themes on the meanings of friendship in fa-
milial contexts.
Kin-Friendship
Among the business elites of Delhi, it is typical for a young couple to reside
with the husband’s parents (Ponniah, 2018). At times, this household
also includes the husband’s older brother and his family and/or younger
brother/sister. This is to say, these households are largely joint families
following the rule of patrilocality, according to which the wife (bride)
216 Parul Bhandari
joins the husband’s household. Kinship studies, especially of North India,
have well captured the tensions of joint family households especially be-
tween the mother-in-law and daughter-in-law, and at other times, be-
tween two sisters-in-law (wife and husband’s brother’s wife or sister)
(Das, 1976; Mayer, 1960). While the bases of such tensions are myriad,
a prominent one is regarding jointly held property. Typically, all prop-
erty and business are held by the male patriarch who details the property
division in his will, to be put into action upon his death. At times, a son
may insist on taking away his share at an earlier stage and establish a sep-
arate household before the passing of his father. Irrespective of whether
his desire is fulfilled, it certainly becomes a cause of strain between the
family members. This may lead the wives of two brothers or the sisters-
in-law (wife of brother and his sister) to be wary of each other as they are
locked in a potential property dispute. These tensions and the apprehen-
sion of such fights between siblings has particularly been on the minds
of business families since the 2005 amendment to the Hindu Succession
Act (retrospectively upheld by the Supreme Court 2014 verdict) that al-
lows daughters equal share in father’s property. Families now fear that
(married) sisters too will stake a claim in the father’s property. The wife
(daughter-in-law) is already seen as an ‘outsider’, and therefore someone
who might stoke the fire regarding property division. As a result, the rela-
tionship between sisters-in-law can be fragile, governed by mistrust and
misgivings. In this backdrop, it takes a lot more effort and time on the
part of sisters-in-law to establish a relationship of trust with each other.
It is in this context that I found it surprising when I come across Dina
(brother’s wife) who was full of praises for Tasha, her husband’s cousin
sister (mother’s brother’s daughter), and considered her more as a friend
than a sister-in-law. It is worth pondering if precisely because Tasha is
a cousin-sister-in-law, and not her husband’s ‘real’ sibling that Dina was
able to trust her more easily.
I was introduced to Dina, aged thirty-eight, mother of two (boys
aged twelve and six) by an art-gallery owner. Dina invited me over to
her house–a large farmhouse in Chhatarpur for afternoon tea.6 We began
our conversation by discussing how she came to choose her husband,
Nikhil, who was introduced to her by a matrimonial broker (Bhandari,
2020; Majumdar, 2004). Dina was initially sceptical about this proposal
because while she lived and grew up in Mumbai, Nikhil was from Delhi,
Locating Friendship in Family 217
and upon marriage she would have to move to Delhi, the prospect of
which put her off the proposal. She was not very keen to meet Nikhil but
on her parents’ insistence decided to meet him for coffee, and he specially
flew in from Delhi to meet her. To her surprise, they instantly clicked, and
since their families were happy with the match, they got married within
a few months of courtship. Initially, she was a bit underconfident about
liking living in Delhi, but it was through Tasha’s guidance, support, and
friendship that she was able to transition smoothly to Delhi. Sisters-in-
law are always projected to be difficult, she said, but Tasha was quite the
opposite. She introduced Dina to Nikhil’s family’s way of being. She be-
came a confidante and a guide, assuaging Dina’s anxieties. Dina said,
It was really the little things like how the food is laid, when meals are
had, the protocol for inviting people over, and so on. These are really
very basic things, and every family has a set way of doing things and
you have your own way of doing things and that causes clashes. In such
times, if you have someone to talk to, on the inside, but not really on
the inside, I mean, not from the immediate family, then it is of great
help. [. . .] Tasha helped me by telling me about my mother-in-law and
husband’s eccentricities [said with a laugh]. . . . There were also difficult
times, but I did not want to tell my mother because that would unneces-
sarily worry her. So, I would confide in Tasha. It is such a boon to find
someone from within the family who you can trust!
I met Bhairavi, aged thirty-five, mother of two girls (aged five and seven),
at her house in Civil Lines. Bhairavi grew up in Delhi and met her hus-
band, Kshitij, through a matchmaker. Upon marriage, she joined Kshitij’s
family, comprising his parents, two elder brothers, who are both mar-
ried and have children. In our conversation, Bhairavi constantly praised
her in-laws on how loving and caring they are. Most important, she said,
Locating Friendship in Family 219
none of them ever ‘forced’ her to bear a son.7 Interestingly, while she
maintained this happy joint family picture, her other friends (members of
the kitty party) said that in reality there are many tensions in their family
due to division of their joint property. While Bhairavi never once men-
tioned this to me, she did say that despite having ‘good’ in-laws, she felt
they did not like her as much as the eldest daughter-in-law (her husband’s
eldest brother’s wife). This clearly disturbed her for she believed that she
was the most dedicated of the daughters-in-law. It seems, however, that
her real problem was not so much about ‘dedication’, rather, the fact that
of the three daughters-in-law, she is the most educated and cosmopol-
itan, while the one that is most liked is the one who is least educated and
smart, and therefore, in her opinion is least deserving to be her parents-
in-law’s favourite.
At the same time, she could not openly voice this feeling for she did
not want to be seen as a resentful and a ‘bad’ daughter-in-law, who talks
ill of her in-laws. In order to vent her frustration, she then identified a kin
who she felt was in a similar position, namely, her husband’s mother’s
brother’s wife (mami), Smita. There is not a huge age gap between
Bhairavi and Smita because Smita’s husband (Bhairavi’s mother-in-law’s
brother) is a late child. As a result, Bhairavi’s husband and his mother’s
brother (Smita’s husband) are closer in age. Bhairavi explained that Smita
is in a similar situation as she too is the youngest daughter-in-law (Smita’s
mother-in-law has five brothers and sisters), is the prettiest and the most
educated and precisely due to this the other sisters-in-law have an ‘infer-
iority complex’ because of which Smita is treated unfairly. Bhairavi said,
When I first came to this house and saw this dynamic between my
mother-in-law and her sisters-in-law, I brushed it aside as typical family
drama. But now I feel I can relate to it. At times I feel, I am unheard or
not given importance because I am the youngest bahu (daughter-in-
law). I could see that Smita mami is going through the same emotions
and behaviour. I started hanging out with her. I think we connected
with each other because of this. Though she is my mami, she is not that
much older than me and I relate to her as a friend. . . . We understand
each other. I also trust her and learn from her on how to handle this en-
tire situation.
220 Parul Bhandari
Bhairavi almost seemed proud to have found this ‘connection’, this friend-
ship, with a kin who is not only supposed to be a distant kin but also of
an older generation. Of course, Smita is closer to her in age, yet in the
structure of kinship, she is her mother-in-law’s generation. An appealing
aspect of this friendship is finding a common ground of emotions, al-
beit of having been unfairly treated and discussing how to navigate this
unfair treatment. It seemed that Bhairavi was proud of the fact that with
this friendship she had at a certain level subverted a kinship hierarchy.
This is to say, this friendship was created on a deep sense of trust that
they both will support each other in facing the challenges of a hierarchy
(among daughters-in-law). Significantly, this demonstrates that they re-
late to each other not simply through the prescribed role expectations
of their intergenerational affinal relation but more as friends, who are
secret-keepers, trust-upholders, and confidence-providers. This account
is a unique story of how a category of kin that is unlikely to forge an in-
timate friendship ends up doing so precisely because of a shared hier-
archical position (youngest daughters-in-law), a similar age-group, and
experiences and stresses of marrying into a family. An important factor
not to be overlooked here is that while both women have married into re-
lated families, their immediate family is still not the same as they are not
wives of brothers. Perhaps this position of marrying in but not into the
same family enabled a stronger possibility of friendship.
Fractured Friendships
Through Dina, I came to know other members of her kitty party and
was at times invited to their gatherings.8 At one such event, hosted by
Locating Friendship in Family 221
Esha, aged forty, I got to know that their group had split. The reason was
a breakdown of friendship between two members of their group: Surbhi
and Rani, who were also cousin sisters-in-law: Rani is Surbhi’s husband’s
father’s brother’s daughter. Indeed, it was Rani who had introduced
Surbhi to this group of women. When I first met Surbhi, she seemed a bit
hesitant to give an interview but as I was wrapping up my fieldwork, she
was willing to talk to me. She invited me for a one-to-one interview at her
house where for the first time she opened up to me perhaps because she
might have anticipated that we would not see each other again. Surbhi
was warm and welcoming, and as we began talking about her leisure ac-
tivities and the role of friends in her life, I hesitantly enquired of the ru-
mour that she was no longer ‘close’ to Rani. After giving it some thought,
Surbhi decided to ‘clear the matter’, and said,
Rani and I hit it off really well. [. . .] My marriage was not that smooth
in the beginning. Though it was an arranged marriage I knew of my
husband from before. He was a friend of one of my cousins’ boyfriend,
and was quite the Delhi heartthrob: tall, good looking and all that.
I remember when this rishta [proposal] came, I was so happy. What
I didn’t realise was that some habits take time to change. I think he was
not ready to give up his bachelor life [. . .] He would party out late, drink
a lot. [. . .] I was quite vulnerable, you see, because I was newly mar-
ried, and he wasn’t spending time with me. I used to confide in Rani
because she is his closest cousin [. . .] She provided me comfort and also
introduced me to this group of wonderful ladies who are now my close
friends.
Surbhi got a bit emotional at this point. She called for nimbu-pani [lemon
water] and after a brief pause, continued,
What I didn’t realize was that she was leaking all the information about
my marriage to our friend-circle, and worst of all, to my sister-in-law
[husband’s younger brother’s wife] who is very tez [cunning]. I really
did not expect that she would tell everything to her. This was a breach
of trust. I thought of her (Rani) as a friend, my friend, not just a (cousin)
sister-in-law. [. . .] My brother-in-law and his wife used this information
against us because they instigated my father-in-law against my husband
222 Parul Bhandari
saying that he is not a responsible man and should not be given a share
in property. [. . .] One time, my father-in-law also yelled at my husband
and said something like ‘you can’t even keep manage a marriage’. That
day my husband and I had a huge fight and in anger, I went to stay with
my parents for a few days. [. . .] All this drama was causing so much
stress. Eventually, my husband and I moved out of the joint household
and have our own house. [. . .] I can no longer be friends with Rani.
Surbhi blamed herself for being naïve to not be able to see through Rani’s
intentions. In hindsight, she said, she was convinced that Rani was being
nice to her only to gain her trust so that Surbhi would confide in her and
then she could pass on the information; after all, Rani is not the ‘real’
sister. Surbhi explained that her father-in-law and Rani’s father were
jointly involved in a family business, which they amicably split recently.
Yet, there is a latent competition between the two families. Surbhi is of the
opinion that Rani’s family secretly wishes to see that her husband and his
brothers feud over property and business and part ways. This was a shock
for her because earlier she genuinely believed them to be close friends.
She said, ‘I really cannot imagine someone who claimed to be my friend,
who would meet me almost twice every week, to betray me like this. It’s
just so nasty.’
This rift also caused both the families to stop interacting with each
other. She added, ‘When my family realized that Rani was instigating
these fights, they decided to cut-off [from Rani’s family]. My in-laws are
no longer on talking terms with Rani and her father’s family. We are civil
when we see them at family events but it’s not the same.’
I met Esha, after my interview with Surbhi, and she had more informa-
tion on this split between Surbhi and Rani. While sharing high-society
grapevine on extra marital affairs, Esha mentioned that Surbhi’s husband
was into drugs and was having an affair with his friend’s wife. Surbhi
had caught them red-handed, and this just in the first year of their mar-
riage. In a moment of weakness, she shared this with Rani, whom she
considered as a friend and not a nanand (husband’s sister), added Esha,
and Rani betrayed Surbhi’s trust by telling this to Surbhi’s sister-in-law
[husband’s younger brother’s wife], who shared this with other family
members. Since then, Surbhi and Rani fell out, and this caused a rift in
the friend circle too. While the friends are in touch with Rani, they do not
Locating Friendship in Family 223
invite her to the same events as Surbhi. Esha added, ‘We prefer Surbhi.
Poor thing, she has been through a lot that too at a very young age.’
Everyone in our family was super excited about this rishta [proposal].
They said I have brought good luck to the family because Preeti wasn’t
receiving such good rishtas before. Papa [father-in-law] was so happy
224 Parul Bhandari
that he already started looking at dates and venues and told tauji [father-
in-law’s elder brother] and his family. At that time, we were all living to-
gether in New Friends Colony. Tauji’s family and my husband’s family
were very close. Tauji has two children, and all four kids [husband and
Preeti] grew up together. Preeti was very close to their daughter, Ritika,
who is seven years elder to her.
Amrita further shared that after Preeti and the prospective groom
met two more times, he told her that his grandfather would phone to
finalize everything; however, they never received a call from them.
Preeti’s father was anxious at the silence and asked the matchmaker to
find out more. The matchmaker said that the grandfather had taken ill,
but it was clear that this was an excuse. Finally, after a few days, the
grandfather called to say that his grandson did not like Preeti. Preeti
was heartbroken because she was certain that their meetings went well.
Preeti’s family was convinced that someone had sabotaged this pro-
posal. Amrita said,
Papa [father-in-law] went into depression and lost five to six kilos!
Later on, the broker [matchmaker] informed us that he had heard that
someone from our family had sent a message to the boy’s grandfather
that Preeti was not a good girl; that she drinks, smokes, and goes club-
bing. Honestly, this is all lies. Preeti does none of this. We knew that it
had to be someone whose opinion will be taken seriously by the groom’s
family. It had to be someone close. We tried to find out who it could
be and though we did not have evidence, it seemed that it was Ritika.
Ritika’s mother-in-law is well-known to the prospective groom’s family.
[. . .] The thing is even if it was not Ritika herself but her mother-in-law
who went and spoke to the boy’s grandfather, it is not possible that she
would do this without Ritika’s knowledge.
Amrita explained that Preeti was very hurt by this because she con-
sidered Ritika more than a sister; she was Preeti’s confidante since
childhood and thought of her to be a close friend. In fact, Preeti has
never missed a single ‘function’ (event), lunch or gathering hosted by
Ritika. She added, ‘It’s so sad that someone who you think is your friend
can be so jealous of you and not want you to be happy.’
Locating Friendship in Family 225
At the time of this proposal, the two brothers (Preeti and Ritika’s fathers)
were living in one house. However, when this proposal fell through,
Preeti’s father decided to move out of the joint setting into a farmhouse.
They did not attribute the move to this incident and simply used the ex-
cuse that as their families were expanding, they needed more space. The
two families continue to be cordial to each other, but the relations were
not the same as before. They do not visit each other as often, and after
this incident, Amrita and Preeti have become close to each other, and see
each other more as friends, while the relationship between Preeti and
Ritika has taken a backseat.
In this chapter, I explain how family and kinship intersect and overlap
with each other, in the context of women’s kin relations and how, what
I call, a kin–friend relationship is formed and what its characteristics
are. The aim is not to argue if and how kinship relations are subsumed
by friendship. Rather, I ask, how these come together and in what con-
text. As I found out, the context is particularly ripe for two sets of kin
relations: between an incoming woman kin member (daughter-in-law)
and the daughter of that family (a cousin, not ‘real’ sibling of husband),
and between two cousin sisters, whose relationship transforms especially
once they marry, breeding competition and caution. This is not to say
that friendships can only be fostered between these specific categories
of kin relations, nonetheless there is a specific element of trust between
these relations, which, for example, is not found with a mother-in-law,
for her interests might be at odds with the incoming female member.10
Nor is this trust easily established with the husband’s brother’s wife
(sister-in-law), who is increasingly seen as more of a threat in the con-
text of her legal rights to her in laws’ property. It is in this situation that a
cousin of the husband emerges as a good compromise, as it were, where
there is both distance and closeness. The husband’s cousin sister is dis-
tant enough to not have direct stakes in the immediate family, yet she is
embedded in the family to understand the specific family dynamics and
can therefore advice or support appropriately. Therefore, this kin relation
seems most amenable and helpful to establish a friendship.
226 Parul Bhandari
Significantly, this desire of friendship also highlights the need that
women feel to find allies and support in their ‘new’ family. In forging
these friendships, women are in a way extending the familiarity of their
natal family to their husband’s family. When they form this trusted bond
with someone from their husband’s family, their natal family too is re-
lieved and not as stressed thinking of their daughter’s wellbeing because
they are convinced that there is someone trustworthy in the new family
who will extend support to their daughter. The women then relate to
each other in their kin networks beyond the structures of descent and
marriage and create another form of relationship based on sentiments of
friendship.
The other key theme that this chapter has explored is how exactly
these friendships are forged and who a good kin-friend is. I have argued
that friendship is produced and affirmed through the shared practices
of negotiating family dynamics and keeping each other’s confidence by
way of not leaking secrets. This requires an added layer of trust and being
able to relate to each other not simply due to one’s kin position but be-
cause of love and care. In these situations, a good kin is one who is able
to go beyond their kin role and lend support and not break confidence
by loose talk or telling secrets to other. Significantly, unlike relations
within kinship structures, these friendships are based on a relationship of
equality, even though the kin roles of the two women might be asymmet-
rical. Of course, this is not to say that there are no asymmetrical dynamics
or hierarchies within these friendships. Rather, that at least in principle
no asymmetry is assumed or codified in these friendships as might be
the case with a purely kin relation (for example, between an elder and
younger sister-in-law). It is this superimposition of a sense of equanimity
on an otherwise hierarchical or asymmetrical order, which makes these
relations feel more as friendships than kin relations and make for a good
kin-friend.
It is to be reiterated that friendships are also fractured, and this chapter
has revealed how these friendships are not sagas of unbridled happiness
and support. There exists jealousy and envy, which at times leads to acts
of betrayals that completely break down relations leaving little room of
reconciliation. Significantly, any fracture in this relationship not only af-
fects the two women but their families and impacts kin dynamics. Indeed,
the injuries of friendship in the context of kinship are more difficult to
Locating Friendship in Family 227
overcome than friendships established outside the kin web, for with the
latter a complete neat break may be easier. As one woman said succinctly,
‘These friendships are not like a WhatsApp group that you can just exit.
Imagine, trying to exit a family WhatsApp group. It is nearly impossible.’
Women’s friendships within the web of kinship, then, is that much more
complicated and fragile as it is liberating and supportive. It is equally in-
tense and empowering, allowing women to find allies in family politics
and dynamics, while also risking the peace and honour of their family, for
if trust is broken, it impacts not just the two individuals involved but their
families. For all its vulnerabilities and complicated dynamics, friendships
within kin groups are fostered around ability to keep secrets and provide
guidance on how to navigate kin relations, and these friendships have
provided women with support and a sense of natal family-like familiarity.
Therefore, these relationships are interesting to study not only from the
perspective of kinship studies but also from the lens of a growing body of
work on friendship in the Indian context.
Notes
1. Select films on this theme include: Chaudhvi Ka Chand (‘Moon of the Fourteenth
Day’), 1960; Har Dil Jo Pyaar Karega (‘Every Heart that Will Love’), 2000; Main
Prem ki Deewani hoon (‘I Am Crazy about Love’), 2003.
2. This is in contrast with Dyson’s work, where she notes that friendship between
girls can break due to family feuds (2010, 492).
3. This work now appears as Money, Culture, Class: Elite Women as Modern Subjects
(2019).
4. Kitty party can be defined as a group of women who meet for leisure purposes ei-
ther monthly or bi-monthly. The basic idea is that they all contribute a set amount
to a ‘kitty’, and whoever draws the lot at the end of a set time period (three months,
six months), gets the lump sum. This amount can be used to spend on a social
event for the kitty group members. It’s an important mode of socialization for
women and is a phenomenon across classes. See Bhandari (2016); Biraia (2011);
Pant (2016); Waldrop (2011).
5. All names of interviewees have been anonymized, and I use pseudonyms instead.
6. Delhi’s rich have moved houses to sprawling farmhouses right at the outskirt of
the city, bordering Gurugram, a city in Haryana. See Bhandari (2023).
7. Scholarship has noted how son preference has impacted the dynamics of family,
marriage, and kinship, especially in North India. See Kaur (2016); Larsen and
Kaur (2013); Patel (2007).
228 Parul Bhandari
8. Organizing meetings/interviews with elite women was not always my preroga-
tive. I could, at best, request to see them but they were in charge of deciding when
I would be allowed to their gatherings.
9. For a discussion on biodata and matchmaking, see Bhandari (2020) and
Majumdar (2004).
10. For a better understanding of the complicated mother-son relationship, see Das
(1976).
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230 Parul Bhandari
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London: Routledge.
8
Spilt Blood
Kinship and Friendship in a Regime of Violence
Soibam Haripriya
Soibam Haripriya, Spilt Blood In: Family Studies. Edited by: Anuja Agrawal, Oxford University Press.
© Oxford University Press 2024. DOI: 10.1093/9780198930723.003.0009
232 Soibam Haripriya
of the category of friendship. Many anthropologists have written on the
functional similarity of kinship and friendship (Allan, 1979; Ghurye,
1953; Weston, 1997). ‘Friendship in developmental history, in psycho-
logical analysis and in social fact, is an extension of the relationship
within the family circle’ (Ghurye, 1953, 148). One of the classic works in
sociology, Whyte’s Street Corner Society (1943), is not categorized as an
ethnography of friendship, though the ‘corner boys’ certainly were organ-
ized along peer group friendships, reciprocity, and mutual obligations.
For Desai and Killick (2010) ‘friendship is interesting precisely because
it evades definition: the way in which friendship acts to express fixity and
fluidity in diverse social worlds is exciting and problematic for the people
that practice friendships and the social scientists that study it’ (2010, 1).
Friendship as a way of relating cannot escape comparison to kinship.
Drawing from classical Indian thought, Bhikhu Parekh places friendship
at par with kinship. ‘A close friend is a brother; one not so close is like a
brother. In either case, friendship is assimilated into kinship. At its best,
friendship—a purely voluntary relationship—acquires the thickness of
blood and the solidity of natural ties. A friend is an adopted member of
the family. He shares food with the family, an important privilege in a
caste society with its rigid taboos’ (Parekh, 2008, 155). For Parekh, Indian
thinkers ‘conceptualized friendships in familial terms’ (2008, 155).
Parekh’s work points to the practices of close friends being incorporated
into kin relations—friends as members of the family, to the extent that
rigid caste observations that prohibit eating together/sharing food are
subverted. Thus, ‘friendship is familialized’ (2008, 161). A strict distinc-
tion between kinship, as formalized, socially, and legally legible fixed re-
lations, and friendship as voluntary, informal, and thereby ambiguous is
therefore not necessarily tenable.
In the context of my study, this is something that becomes evi-
dent when we look at some of the terms in Meiteilon (the language of
the meiteis and the official language of Manipur). The three terms that
are used to refer to friends—E-tao (gender neutral), E-manaba (ba: the
male suffix), E-manabi (bi: female suffix)—are not very different from
kinship terms that use the prefix Ee. This prefix, as used in Ee-manaba,
Ee-manabi, Ee-tao, signifies blood; manaba/bi signifies sameness/like-
ness. The equation of sameness of the blood of the self with that of friend-
ship places friendship on par with kinship. Usage of kin-like terminology
Kinship and Friendship in a Regime of Violence 233
suggests a kin-like relatedness, the inevitability of the sameness of blood.
Other more formal terms such as marup refer to friends but the word
most commonly in circulation is E-mannaba (ba: the male suffix) and
E-mannabi (bi-female suffix).
This kin-like closeness of friendship gets an added inflection in the
highly militarized context of AFSPA in operation in the states of northeast
India as both friendship and kin relations face increasing state surveil-
lance. Works on kinship and friendship in such a field need to foreground
the law and the military–administrative nexus through which these rela-
tions are governed. State regulation of friendship engenders mutual sus-
picion and betrayal by shifting the way in which mutual social obligations
are organized. This is not to suggest that mistrust is specific to friendships
fostered in this context. ‘Yet both trust and mistrust can co-exist in friend-
ship relations . . . maybe because people distinguish several dimensions in
their relationships’ (Volker, 2019, 122). This chapter focuses on how state
practices further accentuate this ever-present aspect of intimate relation-
ships such as friendship. I should add that in this chapter, I emphasize
friendships of male youth as their encounters with the state in the form
that I talk about are more pronounced than that of women. Young men
are thought to be more at risk of violence from the state as well as a more
risky population for the state and therefore are subject to surveillance in a
particular way. For women, the threat of violence is articulated as the risk
of sexual assault by the state forces and non-state armed groups, and the
escalation in incidences of domestic violence due to the context of polit-
ical instability. Documentation of the same gets further emphasized as
opposed to other aspects and consequences of protracted violence1 (Das,
1995; David et al., 2017; Kipgen, 2023; North East Network, 2004; Tol
et al., 2013). Citing concerns for their safety, women’s mobility is more
restricted and their relationships are subjected to a different kind of scru-
tiny as opposed to that of men. Therefore, how young men and women
conduct their friendships is quite different in the given circumstances
and this chapter only focuses on men’s relationships.
A brief discussion of AFSPA in Manipur as one of the primary tools of
governance is necessary considering that my argument is centred on the
assumption that the context of militarization leads to a specificity in the
conduct of friendships. Exploring violence and practices of punishment
in the context of the state in twentieth-century India, Taylor Sherman
234 Soibam Haripriya
developed the concept of ‘coercive network . . . to understand the inter-
connected institutions, laws, and practices that made up the state’s co-
ercive repertoire’ (Sherman, 2010, 1). The state is constructed and
constituted by its everyday practices. Disciplining the population and
reiterating its authority through processes that order space and time is
part of the everyday processes of the state. This also includes acts of cor-
ruption and coercion (Sherman, 2010). It is useful to understand AFSPA
as a law but also as a part of a coercive network that assembles into what
Baruah calls the ‘AFSPA regime’ (2020, 53). Manipur is one of the states
that comprise the northeast region of India, where the coercive repertoire
of the state is evident. The kin catchphrase ‘Seven Sisters’, originating in
the 1970s through which the region continues to be known, was coined
to unite the region as well as caution against the threat of dismembering
the nation-state into separate constituents (Barbora, 2016).
Born at a time when new states were carved out by reorganizing the
state of Assam, Dowdy observed that the term ‘was presumably meant
to encourage coalition-building among the newly born federated states
of the so-called Northeast’ (Dowdy, 2022, 2). Dowdy examines this term
of siblingship as placing the northeast states in a daughter position vis-à-
vis ‘national kinship’—which he uses to mean ‘the filial idioms through
which political belonging and mutual dwellings/destinies are symbol-
ized, and how they organize latent assumptions about how one can and
should relate to others within the fait accompli of nationalized space’
(2022, 1). If the ‘daughter position’ with reference to national kinship is
one aspect of the state (given its location in the region), that of being de-
fined as a ‘disturbed area’ under the Disturbed Areas (Special Courts) Act,
1976 where AFSPA is operative gives this offspring an errant status. The
special powers given to the Armed Forces stationed in disturbed areas
under the AFSPA include the use of force ‘even to the causing of death,
against any person who is acting in contravention of any law or order for
the time being in force in the disturbed area’ and ‘arrest, without warrant,
any person who has committed a cognizable offence or against whom a
reasonable suspicion exists that he has committed or is about to commit a
cognizable offence and may use such force as may be necessary to effect
the arrest’ (Section 4, AFSPA, emphasis mine). It is one of the few laws
under which one can be apprehended or killed before one has committed
a cognizable offence. This law operates on the premise of suspicion rather
Kinship and Friendship in a Regime of Violence 235
than guilt. The ‘seven sisters’ are in a relationship of kin hierarchy vis-
à-vis ‘national kinship’ and ‘have come to accommodate and absorb the
nation’s sexual, economic, geopolitical, militaristic, and increasingly
racialized anxieties and desires’ (Dowdy, 2022, 2). Given this context
of gendered belonging to the nation-state, I look at the impact of state-
engendered violence, and its coercive repertoire that includes the threat
of death manifested in relations of friendship and kinship in Manipur,
drawing similarities with other such sites of state-engendered violence.
I do this through three sections in the chapter: in the first section,
‘Performing Familial Care’, I draw from secondary literature to look at the
repercussions of state surveillance on families to argue that familial ex-
pressions of care are at times performed under threat of torture and other
forms of violence. In the second section, ‘News of a Beloved Friend’, I take
recourse to fiction to underscore the precarity of friendship in this con-
flict zone. Using this interdisciplinary approach, I argue that fiction can
help capture how state laws are experienced in the realm of friendship.
In the third section, ‘Scheme-ing Violence’, I analyse how rehabilitation
schemes for ‘militants in the North East’ pan out for youth caught in the
web of surrender drama and the wilful framing of male youths as primary
recruits to ‘militant outfits’. Through these three sections, I argue for an
understanding of friendship and kinship that moves from shared blood
to spilt blood. Overall, the chapter is concerned with examining the cor-
rosive effect of prolonged conflict on friendship and kinship.
As for names, he has many. How many names does he have? With how
much love had those names been given to him! His grandfather called
him by one name, his grandmother by another, his aunts yet another.
On top of that, his birth chart given name, the locality, and the name on
his certificate. Many. That he is called by those many names according
to who is addressing him, isn’t that a sign of their love for him? At that
time, he used to think—so many loved him dearly.
(Moirangthem, 2004, 83, translation mine)
For the state, multiple names suggest a lack of legibility, the subject be-
comes unknowable, moving between multiple names as it were. This
same gaze of legibility is turned inward. An oft-repeated phrase (in which
context?)—A lias pu yaamadi soidre (‘if one has many aliases, it is sure’)—
encapsulates this. The phrase suggests that if one has multiple names, it is
sure that one is a suspicious character. It speaks of the practice of multiple
names that one gives to one’s kin and yet one is made to look at one’s prac-
tice with suspicion, suggesting that the overarching climate of fear trans-
forms the ways in which we look at each other through the lens of the
state. Contemplating on his multiple names brought forth by the death
of his namesake, the protagonist asks himself: in what process of inter-
rogation, acknowledgment, or betrayal of which friend has his namesake
lost his life? Whose friend, was he? Many of the informal names (as op-
posed to the formal ones colloquially called certificate names) are similar.
Therefore, there is a strong likelihood of finding another person with the
same name. The consequences of the innocuous coincidence of similar
informal names combined with tortured men blabbering out names of
‘friends’ during interrogation are life-threatening. This is not something
evident only in ‘disturbed areas’. In the article ‘Muslim Mothers in the
Times of Terror’, Rumman Hameed (2016) describes how political cli-
mate transforms friendships. Muslim mothers fear their son’s friendships
with those within the same religious community carrying overt markers
of religion. Fearing their son’s association with cousins and friends, they
pay attention to the people they are befriending so that their sons’ names
will not be uttered when anyone suspicious is picked up and interrogated
242 Soibam Haripriya
by the police. Just as family formations fall within the purview of the state,
one can argue that the state likewise, though less directly, controls friend-
ships through the production of vulnerabilities and fear.
Scheming Violence
Sangari argues that ‘Violence does not sit obediently in a separate com-
partment or segregated place’ (this volume, p. 103). I explore this en-
tanglement of the violence of the outsides to that of the insides, enmeshing
state violence with that of familial and kin relations. This section points to
the manifestation of the state and its policies in the lives of young people
caught in the web of ‘surrender drama’ when friends isolate them for fear
of the gaze of both the state security forces and the non-state.
Das’s (2013) work on violence foregrounds the corrosive effect of pro-
longed conflicts on everyday life. She demonstrates ‘how the category of
violence absorbed violent acts both against an enemy other and against
intimate others’ (2013, 798). Her work examines the delicate making of
relations post-partition where ‘constant allusions to betrayal of trust, in-
fidelities, and the failure to live up to the high moral ideals of kinship
solidarity’ was part of the aesthetic of kinship (Das, 2007, 10). Such acts
were not spoken but were always at the edges of conversation. In her
work on friendship, Dungey (2019), who draws from Meinert’s concept
of ‘tricky trust’ among young people growing up in Uganda in a period of
instability, describes ‘distrust as a productive analytical starting point in
contexts . . . where a community has experienced prolonged and painful
war, instability and conflict’ (2019, 51). Her work on how negotiation
with trust and mistrust frames friendship in a context of post-conflict in-
stability is useful especially as it is material insecurity that underlines why
schemes for the rehabilitation of militants get transformed into viable
employment opportunities for youth in Manipur.
Nongkynrih (2009) has argued that unemployment is one of the major
problems of youth in the northeast. He makes an interesting proposition
that, on the one hand, there is no government support for youth looking
for productive and gainful employment; the few existing employment
opportunities are negotiated through networks of nepotism and cor-
ruption. On the other hand, ‘the government has created “employment
Kinship and Friendship in a Regime of Violence 243
packages” for rehabilitating those youths who had “surrendered before
the authority” after being in the insurgent movements’ (2009, 373).
Nongkynrih states that the opinion of community leaders is that such a
posturing from the side of the government would lead the youth ‘to think
and act differently to enjoy the benefits of such “employment packages” ’
(2009, 373). By act differently, the community leaders are suggesting that
youths might be tempted to avail the rehabilitation scheme as an em-
ployment opportunity. The immediate relationship drawn between un-
employment and militancy means that unemployed youth are looked
upon as troublesome figures. The young men without gainful employ-
ment in ‘News of a Beloved Friend’ fall in this category of troubled and
troublesome figures, one who is immediately seen through the gaze of
suspicion. I analyse a surrender drama in the context of a ‘Scheme for
Surrendering-cum Rehabilitation of Militants in the Northeast’ to under-
stand not only how violence is anticipated as the only possible avenue
of youth but also how the state makes its presence felt through acts of
corruption. Indeed, corruption becomes one of the state’s coercive rep-
ertoires. Such schemes also become ways wherein betrayals, mistrust or
even explicit harm become part of friendships and kinship, creating an
ever-widening circle of suspicion.
On 10 January 2013, local news reported that seven youths of Heirok
Part II (Thoubal district in Manipur) were taken to the camp of 42 Assam
Rifles by a woman Sagolsem Ongbi Purnima, on the pretext of giving
them jobs. In the camp, they were forced to sign a surrender document
embossed with the word ‘KYKL-MDF’ (Kanglei Yawol Kunna Lup—
Military Defence Force3). The youth were promised a monthly sum of
Rs 4000 to join the army ‘in the name of “KYKL-MDF” (see The Sangai
Express, 2013a and also Imphal Free Press, 2018) and an additional sum
of Rs 2.5 lakhs a few months after their “recruitment” ’. The youth re-
vealed in a meeting with the media that it was only on repeated insist-
ence to be released from the camp that they were allowed to go back to
their respective families. This led to some scepticism as to whether the
youth would have been released by the paramilitary at all in the given cir-
cumstances without any tacit agreement. This ‘surrender drama’ led the
Revolutionary People’s Front (RPF), a non-state armed group, to release
a statement warning and advising parents of youths ‘not to fall prey to
such surrender dramas or let their children trapped by false promises of
244 Soibam Haripriya
the Indian military’ (The Sangai Express, 2013c).The Assam Rifles main-
tained that the youth approached the 42 Assam Rifles for surrender, but
were returned after a preliminary investigation revealed that they were
not part of KYKL-MDF (The Sangai Express, 2013b). IGAR (Inspector
General Assam Rifles) South described the youth leaving the camp as
fleeing the camp due to instigation by underground elements. It is under-
standable why a group of friends lured by a woman living on rent in the
same locality into the camp on the pretext of gainful employment will be
on the radar of both the army as well as non-state armed groups.
While this case is not the only reportage of surrender dramas that fre-
quently unfold in Manipur, I use this incident to look at the rehabilitation
schemes that present a certain language with which youth are referred—
surrenderee/surrenderess/recycled militant. What consequences does
this labelling have for the calibration of relationships of intimacy and
friendships? What should resonate for us again is the enmeshed nature
of mistrust of a community of people that AFSPA renders as suspicious,
whose presence renders the ‘nation in danger’ and the percolation of this
mistrust in interpersonal relationships such as that revealed by this inci-
dent reported in the newspapers as ‘surrender drama’ where a woman—
in kinship terminology she will be a leikaigi ene (a fictive kin, an ene, i.e.
aunt of the leikai which can be loosely translated as locality), a supposedly
trustworthy figure—had assured this group of friends of finding gainful
employment. The woman’s husband was reportedly a surrendered insur-
gent affiliated with the Assam Rifles in some capacity. A leikai is a fairly
close-knit unit. It can be a settlement of kin and is sometimes named after
the surname of those settled there, though regardless of whether one is a
blood kin or not, one is surely a fictive kin and therefore marrying within
the leikai is not considered desirable. This act by an aunt-like figure of
the same locality, a breach of trust, suggests the negotiation of trust and
mistrust that one must perform within kin relations and friendships. On
11 January 2013, it was reported in newspapers that some Assam Rifles
Personnel came looking for the youths who were supposed to take part
in the surrender drama. One can speculate that this was possibly done
to coerce them into false surrender. The Naga Regiment also came to the
same locality looking for Purnima, the woman who had organized the
surrender drama. Ibetombi, the mother of one of the young men caught
up in this incident, revealed that she has been struggling to ensure that
Kinship and Friendship in a Regime of Violence 245
her son receives proper formal education (The Sangai Express, 2013a).
How young men from vulnerable family situations become easy targets
to be represented as beneficiaries of rehabilitation schemes can be seen
as part of the unfolding relations of militarization and material inse-
curity. Such vulnerabilities are easily exploited by trusted kin or friends.
In similar cases, once on the radar of the state and the non-state, it seems
that joining either becomes the only way to ensure survival without being
hounded by either. Once youth become a part of this network, it is en-
tirely possible that others, out of fear, will dissociate from them. Ather
Zia’s ethnography Resisting Disappearance (2020) narrates the story of
Basit, a young man forced to join the STF (Special Task Force) cadre
due to various compulsions, including harassment by the army. His
friends understand the extreme pressure due to which he joined the STF.
However, they discontinued their association with him. Since joining the
STF is seen as an active collaboration with the Indian military apparatus,
the fear of coming into the army and the militant groups’ radar meant
that Basit, even if his stint in the STF has been quite short, was rendered
a social outcast. Such pervasive acts of non-acknowledgment of friend-
ships can be similarly considered within the same framework. However,
rehabilitation schemes such as the above are also the only few possibil-
ities of survival. Thus, the likelihood of youth trying to avail themselves
of such schemes cannot be negated.
Conclusion
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9
Household Formation of Indian
Migrant Parents in Australia
Supriya Singh
The joint family household with at least one married son, his wife, and
children, residing with his parents is the main setting for elderly care
in India. The National Sample Survey (NSS) 2017–18 found that 81.7
per cent of persons, sixty years and above lived in a joint family house-
hold (National Statistical Office [NSO], 2021). Elderly co-residence is
also the norm in Asia with religious emphasis on filial piety across the
region. Some countries like India, China, and Singapore also have legal
sanctions that mandate that children, rather than the state, are respon-
sible for the care of their parents and older relatives.1 In Asian societies,
the joint family household remains resilient though the intergenerational
contract of care has been re-interpreted and re-negotiated (Croll, 2006).
A married son may now set up a nuclear household, with parents later
joining the son’s household. Parents and children may also establish nu-
clear households close to each other to form a ‘network family’ (Cheung,
2019; Kaur, 2022), so that they are ‘embedded’ or ‘enwebbed’ to provide
intergenerational care.
Even though there is a preoccupation with the issue of declining Joint
family living in India (see Vera Sanso, this volume), the existing data sug-
gests that Indian parents seldom live in their son’s house. They most often
live in a house they own, singly or jointly (90.6 per cent, according to the
NSO). The embedded nuclear household is also not common in India,
as parents seldom lived in nuclear households or alone. In 2017–18, only
Supriya Singh, Household Formation of Indian Migrant Parents in Australia In: Family Studies. Edited by:
Anuja Agrawal, Oxford University Press. © Oxford University Press 2024.
DOI: 10.1093/9780198930723.003.0010
252 Supriya Singh
14.1 per cent of persons sixty years and over, lived only with a spouse and
just 4.2 per cent lived alone (NSO, 2021). Old age homes exist but living
there did not rate in the National Sample Survey 2017–18. Elsewhere,
it is noted that institutional aged care is taken up by less than one per
cent of India’s older persons (Kalavar et al., 2013). Overall, data and de-
tailed studies regarding the changing patterns of household formation
are sparse in Indian context.2
If there is such a lack of data regarding the patterns within India,
even less is known of household formation for older Indians who mi-
grate abroad to be with their children and grandchildren as well as those
Indians who have aged abroad. This is a notable gap considering how sig-
nificant the question of migration is for understanding household forma-
tion even within India. Literature on migrants has dealt with remittances,
communication, and physical visits as media of care (Baldassar, 2001;
Carling, 2014; Wilding, 2006). However, it has not dealt with house-
hold formation across different life stages. Recent research on parent-
migrants, also known as the ‘zero’ generation, deals with dependent
parents migrating from Eastern Europe and Latin America to reside with
their children in Western Europe and the United States but it also ignores
household formation. The focus is on parents’ loneliness, a new culture,
and the joys and tensions of grandparenting (King et al., 2014, 2016,
2017; Nedelcu, 2017; Ramos and Martins, 2020; Treas and Mazumdar,
2002; Zickgraf, 2017). These parent-migrants’ financial choices are re-
stricted to living with their children. Research on how migration policy
limits the migration of parents also does not get to the stage of household
formation (see Kilkey and Merla, 2013; Tu, 2023).3
Against this backdrop, this chapter examines how Australian migra-
tion policy, which offers less welfare benefits to parent-migrants in the
first ten years of migration, contributes to shaping the household forma-
tion of older middle-and high-income Indians who migrate to join their
children in Australia, as compared to Indian migrants who have aged in
Australia. The analysis provided herein goes beyond conventional na-
tional boundaries to bring migration and ageing abroad to the centre of
understanding household formation. In highlighting the importance of
the embedded household for Indian migrants who have aged in Australia
and the upside-down joint family household for older aged migrant
parents, the chapter argues for a greater focus on the study of household
Household Formation of Indian Migrant Parents 253
formation in relation to migration, not just within but across national
boundaries.
The chapter begins by providing the background of the migration of
Indians to Australia, followed by the migration of Indian parents to join
their children.
Australia nearly doubled between 1947 and 1966 and then again between
1966 and 1971.
Indian migration to Australia increased sharply in the third phase of
Indian migration which began in the mid-1990s. This increase was due to
a change in Australian migration policy from an earlier emphasis on pro-
fessionals and their families coming to settle to privileging the temporary
migration of Indian students and skilled migrants as a pathway to per-
manent residence. This change broadened the criteria for migration eligi-
bility. Migration was also enabled by the opening of the Indian economy
in the 1990s. Foreign exchange restrictions that were in place from 1974
were progressively liberalized after 1998. The middle class in India grew
as incomes increased. They were able to pay for their children to migrate
to study and work in Australia for a better future. These migrants increas-
ingly also came from regional cities, small towns, and urban villages, par-
ticularly from Punjab.
Household Formation of Indian Migrant Parents 255
These different phases of migration are marked by different patterns
of relationship between migrants and their parental families. In the first
phase from 1901 to the late 1930s Indian migrants came alone without
their wives and children. From the 1930s, sons began to join their fathers.
After 1950s, wives and children began to arrive (Bhatti, 2001). In the
second phase, late 1960s to the mid-1990s men migrated with their wives
and children to further their careers. It was an individual, rather than a
family decision. In the mid-1990s, migration became a family decision
with Indian parents funding their child’s education in Australia, seeing
it as a positive move for the social and economic mobility of the family.
The first and second phases of Indian migration were marked by one-
way flows of money from migrants to their parents and family members
left behind. Travel and communication were expensive and flowed one
way. Even in the second phase, Indian migrants and their families went
once every five or six years to visit their families in India.
In the third phase, money, travel, and communication began to flow
two ways as middle-class incomes increased and information and com-
munication technologies became more affordable from the mid-1990s.
Foreign exchange restrictions in India began to ease after 1998. Parents
sent money to their children for education, living expenses, and settle-
ment costs. Indian students in Australia also sent money home when
they began to earn to repay loans and later as gifts. The mobile phone
enabled frequent communication, while families with digital literacy also
connected online and through social media. Indian migrants went back
more frequently. Their siblings and parents also visited (Singh, 2016).
Once the third phase of migrants gained permanent residence, mar-
ried, and settled in Australia, the next step was to explore the possibility
of parent migration to give and receive care. As increased numbers of
parents sought migration, the Australian policy framework for parental
migration tightened. Niranjan’s story below shows, he and his wife joined
their son in 1985. It took them a few days for an interview in India to get
permanent residence. There was no application fee. They were able to
migrate even when most of their children were in India. There was no cap
on the number of parent visas issued in a year.
As demand increased, the ‘balance-of-family test’ was introduced in
1994 (Commonwealth Consolidated Regulations, 1994). This test dic-
tates that at least half the number of the children are permanent residents/
256 Supriya Singh
citizens of Australia or New Zealand citizens. It is unclear when parent
visas began to be capped. In 2003, parents’ permanent residence visa was
supplemented with a more expensive ‘contributory’ visa which contrib-
uted to the costs of ageing parents’ health care.
At present in 2023, parents of migrants can come to Australia on a
range of temporary visitor visas which enable them to stay for up to ten
years. There are conditions relating to continuing periods of stay. Unlike
permanent residence visas, temporary visas offer no health or social wel-
fare benefits. Parents cannot work or study in Australia. They cannot
sponsor eligible persons for migration.
There are two kinds of parent visas that enable permanent resi-
dence. The Parent Visa comes with a fee of AU$ 6,625 per parent. The
Contributory Parent Visa introduced in 2003 has an application fee of
AU$ 47,955 per parent. Under both visas, the applicant must meet the
age requirement for the Australian Age pension. In August 2019 when
the latest interviews with parent-migrants were conducted, the pension
age was sixty-six years. From 1 July 2023, the pension age rises to sixty-
seven years for both men and women born from 1 January 1957 onwards
(Department of Social Services, 2023).
Under both visas, the parent will be enrolled for Medicare, the
Australian government health care scheme. There also must be an as-
surance of support given by an eligible Australian permanent resident,
Australian citizen or a New Zealand citizen (usually the son or the
daughter) living permanently in Australia. In 2003, parent visas were
also capped. For 2022–23, the planned level of parent visas is 8500
(Department of Home Affairs, 2022).
Unlike the United States where parent-migrants are eligible for social
security benefits, subsidized housing as well as other benefits, parent-
migrants in Australia are only eligible for welfare support payments after
ten years. Australian migration policy focuses on parent-migrants not
being an impost on the Australian taxpayer and assumes the parents will
be looked after by their children or will be independently financed.
Both kinds of permanent Parent Visas have not been able to meet
the demand. The latest review of the Australian migration system
highlights that ‘Families are waiting for parent visas that never come’
(Commonwealth of Australia, 2023, 135). It said, ‘Between 2010 and
2022, the backlog of Parent Visa applications increased from about
Household Formation of Indian Migrant Parents 257
35,000 to 120,000, with some visa applicants facing wait times of 30–
50 years (2023, 136).
This chapter re-analyses data drawn from three studies of money, mi-
gration, and the transnational family (2005–19) to focus on household
formation among Indian parent-migrants and older Indians who have
aged in Australia. The first study ‘Money, Migration and Family’ covered
migrants who came to Australia between 1970 and the mid-1990s as per-
manent residents, the second generation who was twelve years and below
when they accompanied their parents, student-migrants who arrived
from the mid-1990s on temporary visas, and the transnational families
of student and skilled migrants in India (see Singh, 2016). The question
at the centre of the second study ‘Money, Gender and Family Violence’,
was how money and gender intersected in family violence for Anglo-
Celtic and Indian women who had survived family violence (see Singh,
2021). To further our understanding of elder abuse, this was followed by
a study of Money, Gender, and Ageing, where a group of us studied older
Anglo-Celtic men and women, early Indian migrants who had aged in
Australia, and Indian parent-migrants who had permanent residence or
had applied for permanent residence. We also studied parents who came
on temporary visitor visas (Singh, 2024).
The household was important for all three studies as it was the site
for the management and control of money. Household formation, how-
ever, was not at the centre of the original research questions. Housing
decisions emerged as an important issue in studying student and skilled
migrants. After attaining permanent residence, student and skilled mi-
grants from the mid-1990s began to think of how their household in
Australia could be the site of intergenerational care. Their housing de-
cisions revolved around planning for their parents to come to Australia.
Household formation became an important issue in the third study for it
revealed the contrast in household formation between parents who had
aged in Australia and parents who had migrated to join their children in
Australia.
258 Supriya Singh
The crucial difference between the two groups was the timing of mi-
gration. Parent-migrants migrated when they were older and most often
retired, whereas Indians who had aged in Australia migrated when
they were younger and in paid work. Their children had grown up in
Australia.
Additional data on parent-migrants and persons who had aged in
Australia, were drawn from the first two studies to further examine the
contrasting patterns of household formation. The stories of persons who
had aged in place showed how the household form changed across life
stages.
The first two studies were based on open-ended interviews, whereas
the third study drew on conversation circles of four to ten persons and
open-ended interviews. The participants were predominantly Hindus
and Sikhs from India with a few multiple migrants, that is people of
Indian origin from Malaysia, Singapore, Dubai, Fiji, Hong Kong, and the
United Kingdom.
The data from all the studies had already been transcribed and
introduced into different versions of NVivo, a computer program
for the analysis of qualitative data. The data were re-analysed for this
chapter with a focus on household formation, the development pro-
cess of the migrant family household and changes in the policy related
to migration.
I therefore draw on qualitative data covering 138 persons from 123
families to focus on a sub-set of twenty-one parent-migrants (nineteen
families) and twenty-four older Indians (twenty families) who had aged
in Australia.
In the following sections I analyse the data on household formation for
parent-migrants in two phases of Indian migration—migrants between
1970 and mid-1990s and later migrants in the mid-1990s to the present.
Parent-migrants joined their children in both phases in an upside-down
joint family household, that is, in homes owned by the children rather
than their parents. Older Indians who have aged in Australia, however,
prefer living in their own homes, preferably close to their children, rather
than a joint family household. This is true also for those who had their
parents and/or their married children live with them in Australia in joint
family households.
Household Formation of Indian Migrant Parents 259
Parents Migrate When Care Arrangements Fail in the
Source Country between 1970 and Mid-1990s
We only applied, and they called us for the interview. It was so easy.
There was no application fee. We did not have our medical examination
before the interview. He (the visa officer) said get yourself medically
examined tomorrow, and I will give you migration tomorrow.
260 Supriya Singh
Niranjan’s permanent residence visa, plus his facility with English and
sufficient finances enabled him to move between India and Australia
as head of a large transnational family. He was the elder of his clan and
was called on to approve every marriage or significant event in his four-
generational family spread over India, Australia, United Kingdom,
Canada, and the United States. He travelled every year or every other
year to India.
Indian migrants who have aged in Australia prefer living in their own
home as a couple household once their children have married or part-
nered and left home. A jointly owned home with children is also not a
preferred option. Separate living—as long as possible—close to the
children’s home is the preferred option to give and receive care. The
stories of Gargi, Hiresh, and Hira show this is a choice for separate living,
even when previous experiences of joint family living with parents, mar-
ried children, and grandchildren have been positive and are talked of as
cherished memories.
Gargi, seventy plus, and her husband, both doctors, migrated to
Australia in 1970. They left their young son with her parents-in-law for
a few years. Gargi’s husband was an only child. Gargi said it was taken
for granted that once Gargi and her husband had settled, the parents-in-
law would move with their grandchild to continue living in a joint family
household. After that Gargi sponsored her side of the family, who after
a transitional phase moved into their own homes. One of Gargi’s mar-
ried sons also stayed for ten years with Gargi and her husband. After her
son and daughter-in-law moved to their own home, Gargi and her hus-
band went to Singapore to stay with their younger son, daughter-in-law
and grandchildren. She said she thoroughly enjoyed Singapore but ‘I was
missing my social life here. We said, “We are going to our home. You look
after your children” ’.
Hiresh and Hira, both sixty-seven, migrated to Australia as skilled mi-
grants in 1994. Hiresh’s mother, eighty-six, joined them soon after in an
upside-down joint family household. Hiresh said his mother’s migration
Household Formation of Indian Migrant Parents 261
was taken for granted. He was her only son and they had lived together
as a joint family in India. Their household became a four-generational
joint family household for seven years, when their daughter, son-in-law,
and grandson lived with them. Hiresh and Hira seemed to have worked
out joint family living. Yet, when their daughter suggested they buy a big
house and live together and later their son suggested he build upstairs,
Hira refused. She said, ‘I was the villain. . . . Everybody got very excited,
except me.’ She told Hiresh, ‘I don’t want to sell this house and put in
money when it belongs to everyone. I will definitely need to have one
house that belongs to us.’ She added ‘I would like to have time to myself
where I can do my own thing.’
Hira said she is very attached to her grandchildren, but joint living ‘can
get very messy and hotchpotch’. Hira told her son, ‘Things change all the
time. [What if ] we can’t afford to live here and need to sell this house,
maybe go to a smaller place, or go to aged care or whatever, then what
are you going to do? What if you want to move and live somewhere else?’
She added, ‘This is too joint, too enmeshed. You don’t know what life will
bring.’ They loaned their son money for a deposit to buy a house. As Hira
had foreseen, things did change. He divorced. When he married again, he
moved further away as his wife wanted more land.
Hiresh who had seen joint living as a ‘no brainer’ in time came to
agree with Hira. He thinks his children and their partners are ‘fantastic’
and respectful, but admits, ‘I can’t imagine living in my son’s house or
my daughter’s house. . . . If I am reasonably well off, why would I want
to plonk myself in my daughter’s house? Become a bit of a nuisance?
Whereas my mother staying with me was the most natural, normal thing.’
Hiresh’s ideal scenario is one where his daughter ‘had the next house and
we had a gate (in between)’.
The family household changes in composition and form with life
stages (see Shah, 2005 and Vera-Sanso, this volume). This study shows
that early Indian migrants to Australia started off with a nuclear family
household. The nuclear family household became an upside-down joint
family household when their parents joined them. The household may
then become a joint family household when a married son or daughter
and spouse lived with the parents before getting their own home.
The traditional choice in Australia is for a young married couple to
live in their own home (unless they cannot afford to move out). Parents’
262 Supriya Singh
aspiration then is to have embedded living with close connections to
the children and yet retain independent spaces. This choice can change
as parents get frail or are in ill-health, leading to a variety of household
forms to meet the needs of parents and children.
Esha, eighty-seven, who had migrated to Australia in 1975 with her
husband sold her home after her husband died and bought a house with
a ‘gate in the middle’ next to her son and daughter-in-law’s home. For a
while, she lived in an embedded lone person household. When her son
went overseas for work, her daughter-in-law and grandchildren moved
to a separate house on Esha’s land. As Esha has aged into her nineties, and
her son has returned, all of them have moved to the son’s and daughter-
in-law’s home. Esha now lives in an upside-down joint family household.
Jasleen in her eighties, who migrated to Australia in 1987, has seen her
household change from a nuclear family household to joint when her
son got married, then to an embedded one as the mother and son built
houses next to each other. When her son got divorced, his house was sold.
As Jasleen aged and became frailer, her son (and his children when they
visit), live with Jasleen. So, her household again changed from embedded
to joint.
Nearly all parent-migrants across the years join upside-down joint family
households. As Table 9.2 shows, only seven (five families) of twenty-
nine parent-migrants (twenty-six families) did not live in upside-down
joint family households. Of these, four parent-migrants (three families)
lived in a house a son/sons provided for them, two parent-migrants (one
family) lived in a jointly owned house with their son and daughter-in-
law, and one planned to buy a house close to the son’s house. The last two
cases of the parents’ joint and separately owned house also involved the
only two non-Indian daughters-in-law.
The difference across the years is the scale of parent migration. As de-
tailed in the earlier section, parent migration was not always taken for
granted in the period 1970 to the mid-1990. Most recent migrants who
came as students or skilled migrants from the mid-1990s onwards plan
Household Formation of Indian Migrant Parents 263
for a joint family household. When a recent migrant gets his or her per-
manent residence visa and can afford a house or land, he or she buys a
four-bedroom house that has space for the parents and a prayer room or
a theatre room. This has led Indian migrants to settle in the outer sub-
urbs of Melbourne where four-bedroom houses are more affordable,
rather than buying a one or two-bedroom apartment nearer the city
(Singh, 2016).
Recent migrants whose parents do not migrate feel compelled to ex-
plain why their parents are not moving to Australia—because they do
not meet the ‘balance of family test’, have older relatives still living with
them or have business interests and/or land in India. Recent migrants
see parents’ migration as essential to being a family again. Binod, thirty-
eight, who migrated in 1999 as a student migrant first sponsored his
brother and his wife. The brothers then bought a five-bedroom house in
an outer suburb so that their parents could visit and stay. In 2009, they
paid AU$ 84,000 for their parents’ application for permanent residence.
Binod said, ‘Without the family, one is alone and lost. The priority for all
of us is family, not freedom.’
Jasbir, thirty-one, also had family as a priority. He came to Australia in
2003 as an Australian student. Once Jasbir got his permanent residence
visa, his brother migrated as a skilled migrant. After Jasbir got married,
he built a house for his parents to join them. He said, ‘to be able to be close
to someone, I need to see them, I need to stay with them. I need to be with
them personally and physically.’ Jasbir’s parents participated in designing
the four-bedroom house to accommodate all of them. His mother was to
plan the garden. Jasbir organized for the keys of the house to first be given
to his parents and a religious ritual performed in their presence.
Conclusion
This study shows that international migration and ageing abroad have
supplanted the Indian practice of ageing in a traditional joint-family
household. Older Indians who have aged in Australia prefer living in their
own homes, preferably next to their children with a ‘gate in the middle’.
This change in the aspirational household for Indian migrants who have
aged in Australia translates to a change in the way they think of giving and
receiving care, dependence, and interdependence, and the balance be-
tween gifting money and financial resilience.
268 Supriya Singh
Indian parent-migrants however move from a joint family house-
hold in India to an upside-down joint family household in Australia. For
some parent-migrants the resulting change in economic dependence
feels a part of the traditional handing over of the management and con-
trol of resources in the joint family household. For others, the change in
the household form is worrying as economic dependence may unravel
relationships.
The main thrust behind parent-migration is the desire to continue
living together as a family as they did in India. The change in household
formation is partly due to the framework of Australian migration policy,
and partly because of the parents’ morality around helping children
(mainly sons) in a timely manner. Parent-migrants are however finan-
cially exposed as they have seldom taken into account that Australia has a
different legal regime around money, marriage and property.
These issues go to the heart of how migrants maintain the intergenera-
tional contract of care across cultures and jurisdictions. This chapter has
shown how Indians who have aged in Australia have modified traditional
joint family living to prefer the embedded household. This preference al-
lows care and connection, while maintaining interdependence and trans-
parency. One set of parent-migrants’ jointly owned home with their son
and daughter-in-law gives them joint family living, separate spaces as
well as transparent equity in the family home.
This chapter reveals the importance of connecting migration, family
studies, and the sociology of money to understand household formation
in migrant settings at various stages of the migrant’s journey. The focus
on household formation in a migrant setting is important for future re-
search because it triggers an examination of how money and family re-
lationships change in migrant settings. This leads to understanding how
migrants deal with the clash of cultures in defining and understanding
money, marriage, and family. It also leads us to ask: How do migration
policy settings and the law around money, marriage, and property shape
decisions and options around household formation?
The household is the site for the way we think of being a family, for
giving and receiving care. The form of the household also influences the
way its members manage and control money. It can change the way we
share money across generations as well as think of economic dependence,
Household Formation of Indian Migrant Parents 269
interdependence, and financial resilience. These are the challenges of mi-
gration that are reflected in the households in which we live.
Notes
1. See chapters by Kumkum Sangari and Penny Vera-Sanso in this volume for a crit-
ical evaluation of such policies in the Indian context.
2. However, see Breton (2019) for a recent analysis of changes in living arrangements.
3. Sarah Lamb’s research on Indian parents who migrate to live with their children
and grandchildren in the United States is, however, a promising beginning. See
Lamb, 2009.
4. Names of all participants are pseudonyms.
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PART IV
N EW PR ACTICE S
Familial and Methodological
10
Digital Mothering in Middle-Class
Families
Shriram Venkatraman
Introduction
3.00 pm: Shravya has ordered snacks from her neighbour and bangs on
Surya’s room door, asking him to collect them since she has a meeting
scheduled soon, which she would now be taking from the guest room
turned home office, and he has not replied to the messages she sent
him earlier.
3.05 pm: Surya collects the snacks, puts them on the dining table, and
returns to his room, taking his share of them. He sends a WhatsApp
message to his family group that he has brought the snacks from the
lobby. Saravanan replies with a thumbs-up sign.
The scene from 2019 repeats itself for the rest of the day; the only
change is that now everyone is at home. However, Surya’s movements
within the house have now been largely limited to his room rather than
the living room. He rarely uses the smart TV in the living room. Though
his classes (school and tuition) are online, they are taken from his room.
Vasanthi still keeps checking on Surya.
The excitement of Surya’s family spending time with each other during
the initial months of the lockdown slowly reverts to each spending their
time in different rooms. Besides being under the same roof and having
physical proximity all day, their independence takes precedence. Shravya
and Saravanan follow up with Surya at various times of the day on his
online classes and, in this way, keep nudging him to study. Shravya subtly
checks Surya’s room at various times of the day. She checks on his media
activity in the guise of calling him for lunch, cleaning his room, and so on.
Saravanan, for his part, asks Surya about newer science documentaries,
gently pushing him towards educational content. Some of these con-
versations are on WhatsApp, while others are ‘offline’. For Shravya, the
worry is about Surya consuming a lot of digital media content, specific-
ally, those she categorizes as non-educational media. This is also accentu-
ated by what her friends post on the common mothers WhatsApp group
about children binging on new media content, sometimes categorized as
Digital Mothering in Middle-Cl ass Families 281
adult themed. The parental posts do not expressly state that their chil-
dren do this but comment on how this happens in the larger society and
how, as parents and responsible mothers, they have to keep a watch on
the media content their children consume.
Schools have now reopened in Chennai, and things go back to how they
were pre-Covid in 2019.
Extended Family All communication is facilitated and mediated through digital media
Members as (WhatsApp, Facebook, Telegram, and similar others)
censoring agents
and vigilantes
Children as digital
media consumers
She then shows recent messages from a friends’ WhatsApp group, where
others have praised Anaka’s media choices. What is also being displayed
is Anaka’s taste in content and this also becomes an attribute of sociality
in Vatsala’s interactions with her friends. According to Vatsala, this has fu-
elled a sense of healthy competition within the group. She says, her friend
Meenakshi’s son, Vishnu, is the best for suggesting the latest sci-fi and
horror shows on different platforms. Also, there was a clear difference
in prestige when recommending English shows versus those in regional
Indian languages. More specifically, the shows adapted from English
novels occupied the highest rung, being treated as an indicator of taste
in literature. These parents also understood fandom and popular digital
media and cultural consumption (Bolin, 2011; Jenkins, 2012) of their
children. They also preferred their children’s media consumption to be
more global than local. So, a screen saver of the Spider-Man, The Joker,
or The Professor from the Netflix show ‘Money Heist’ or other global cul-
tural pop icons was preferable to a local one. However, as globally rec-
ognized brands, Bollywood actors Aamir Khan and Priyanka Chopra,
treated as global cultural icons, were ranked high and considered accept-
able as opposed to similar others. None from the Tamil industry found
traction except for Kamal Haasan, who was considered intellectually su-
perior to others and had sophisticated global tastes.
All of this, for the parents, shows how connected the child is to the
global culture. This also has to do with their future aspirations for their
children. All of these are seen as cultural capital-building mechanisms.
Sometimes, these are the couple’s aspirations, and the mother tends to be
286 Shriram Venkatraman
hands-on, enforcing and operationalizing them. However, such sharing
of the media recommendations of their children does not necessarily
happen often with their extended families unless they are well-known
documentaries that would elicit a positive response about the child’s
knowledge— for example, YouTube cooking channels were popular
with these children—both local and global ones. If independent women
vloggers were featured in these videos, and the daughter had recom-
mended it, it was seen positively even by the extended family members.
However, male chefs and large-quantity cookery shows were positively
attributed to the sons. There seemed to be a gendered notion of what kind
of cooking channels their wards consumed and recommended. This is
best displayed in the message that Ambika, a forty-two-year-old mother,
said was recently posted in a WhatsApp group where she was an active
member. The message stated that the mother who had posted was irri-
tated that her in-laws and her family were worried that her son, who loves
cooking, was following cookery shows hosted by Tamil women home-
makers, also vloggers. Her brother-in-law had supposedly joked that it
was best to check her son’s sexuality, which deeply troubled her. She had
posted seeking support. Ambika contends this would not have happened
if it was a famous cookery show with a male chef in it. She also added that
probably the homemaker tag of these vloggers could have also played a
role in attracting such a comment.
However, concerns over their child’s other media consumption habits
give way to anxiety, more specifically when it relates to exposure to porn
content, though most suggested that they would be more worried about it
as their children become teens. Though issues of identity theft and others
were brought up and acknowledged, they were also brushed off callously.
Nevertheless, the parents seemed to have a clear grasp of what would be
considered digital work that helps build the necessary cultural capital to
help realize aspirations and what would be considered digital play that
does not necessarily pay off.
Support, validation, and praise for mothers from their side of the family
(mother, father, sister, brother) does happen through family social media
groups. However, for them, support in terms of advice and praise from
other similarly situated mothers becomes more important, and their
empathy is a crucial factor here. They begin by seeking support from
large forums and Facebook groups with hundreds of other mothers.
Anonymous posting and reading through posts of others in a similar
situation, the advice offered, and how they handle themselves become
the key learnings that can be replicated in their contexts. However, the
groups are still too large. Though crowdsourced intelligence is helpful,
mothers look for groups within their city and their own localities where
deeper interactions can be made possible. This gives rise to them either
beginning their group(s) or joining another vibrant group(s) of similar
mothers. For example, Malini, a forty-year-old, suggested that she was
a member of a women-only WhatsApp group that operated as a net-
work within the apartment complex she resides in Chennai. This group
operated on everyday transactions, including looking for house help,
electrician, plumber, the closest grocery shop, and others. It included
both homemakers and professionally employed mothers. This group
then transformed to provide emotional support for women. However,
Malini and a few other mothers in the group felt that while the issues
and problems discussed were fully valid, they did not somehow speak
to the contexts that these mothers faced. So, she initiated another group
with only professionally working mothers as members. This larger group
on WhatsApp functions as several subgroups with 250 plus members in
each subgroup. Though technically WhatsApp groups can afford to have
more members, these specific support groups still function as subgroups
based on earlier technicality and have not merged yet. They also have a
Telegram group where they function as one unified group. As one of the
administrators, Malini uses her corporate project management and lead-
ership skills to run these groups with tact, as she says emotions can fly
high when discussing children.
Though formed by members working for several multinational com-
panies, the group functions on the core idea of motherhood. This is not
to say that they do not discuss other things, but children become the
292 Shriram Venkatraman
constant function of sociality in these groups. In other words, the nodes
in these networks become closer to each other through sharing and
caring about each other’s contexts, and most often, children become an
essential constant in these contexts. Reciprocity is the social act through
which the group binds together. Members who become close initiate
smaller support groups, where intimate details about their families, es-
pecially children, are shared. What Shravya shared about Surya was in
one such group. However, they still visit those larger forums or Facebook
groups; some do very often. For example, content about different styles
of parenting posted in these larger groups with international members is
shared within these WhatsApp groups, and discussions and debates on
how these fit the local context ensue. Some of these upper-middle-class
families subscribed to differential parenting styles that were practised
globally and not oriented in the typical cultural parenting styles that they
grew up with. The contrasts in these styles were often discussed as a so-
phisticated evolution of parenting styles as compared to the earlier gener-
ations. Often this was also seen as a refined cultural evolution in treating
children as emotionally and rationally capable agents. Most notable were
adoption of practices from Scandinavian countries on education (e.g.,
Finland); another is an adoption of a gentle parenting style which treats
children with empathy and respect, while at the same time laying bound-
aries through fostering understanding. These styles often faced concerns
and ridicule from extended family members, most often the women’s
in-laws. When faced with these issues, the mothers often relied on their
spouses to establish boundaries with the in-laws and took to online
interest groups to help others realize the value of these parenting styles.
People raising unease over these differential parenting styles were often
seen as those who lacked both a global and empathetic understanding
of the evolution of humanity. They were seen as being too narrow and
driven by an insecure middle-class norm of just accruing enough edu-
cational capital to convert that into economic capital to conform to the
societal standards by lowering the risk of an uncertain future. The ra-
tionale of moving beyond ones’ cultural confines were also seen as being
rebellious with a larger purpose of social good. However, women also
Digital Mothering in Middle-Cl ass Families 293
strategically manoeuvre the content and advice based on the platform
and the audience.
It is often within these groups that the media consumption habits of
their children are posted and discussed; however, most often, candid
postings only occur within the closest circles. Posting about the same
content would change based on the group they seek advice from. For
example, Vijaya, a thirty-eight-year-old, posted a lengthy message on
a larger WhatsApp group on how her daughter Subhadra, has incred-
ible general knowledge of wildlife, especially the African lions, gained
through watching online documentaries. She was asking for advice on
educational tours to Africa to see them. However, within an hour, she
posted again that she was freaking out about her daughter’s obsession
with lions and how Subhadra ignored other subjects at school. This could
be perceived as strategic digital manoeuvring too. However, what also
becomes important is how they mask aspects of their children’s person-
alities. Protecting their child’s image becomes a priority. Like Shravya’s
act on Surya’s interest in Astronomy, Vijaya masks concerns across two
groups. These concerns are often masked as attainments in one field and
how one should be good at everything. Though Vijaya’s daughter had
failed in a few exams, she masks that with her attainment in another and
expresses concerns over such uni-directional achievements.
Categorizations are not only about digital work and digital play. Within
the larger category of digital work, a hierarchical assemblage of what con-
stitutes worthy practices that lead to an accrual of educational, cultural,
and promised future economic capital is almost rank ordered. The act of
these mothers in masking concerns about their child’s digital play with
attainments in well-acknowledged and socially acceptable STEM fields
are often rewarded with better comments from other mothers, and helps
attain a better social ranking within these networks. Such rank ordering
for these mothers also mirrors their competence as navigators of their
child’s future. Concerns expressed as failures attract sympathetic com-
ments and therefore are perceived by these mothers as personal failures.
As a central node with social responsibilities, balancing career ambitions
with that of the family can be emotionally draining.
294 Shriram Venkatraman
Conclusion: From Digital Play to Digital Work
Notes
1. A Latchkey child is one who returns home from school in the absence of both
parents and remains unaccompanied until the arrival of at least one parent from
work. See Padilla and Landreth, 1989.
2. Within the context of this chapter, the term ‘mothers’ specifically addresses those
mothers who hold full-time professional positions.
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11
Displaying the ‘Family’ Online
Reflections on Syrian Christian Visual Life
Nidhin Donald
Nidhin Donald, Displaying the ‘Family’ Online In: Family Studies. Edited by: Anuja Agrawal,
Oxford University Press. © Oxford University Press 2024. DOI: 10.1093/9780198930723.003.0012
298 Nidhin Donald
Kudumbayogam Websites
Figure 11.3 The Kudumbayogam dais and the launch of the Family History.
(Translation of the Malayalam Text in the Image: 67th Annual Meeting of
Tharavadi Kudumbayogam)
Source: Author, 2022.
308 Nidhin Donald
classified by gender and age—the family priest and elderly men are at its
heart, seated on chairs; the youngest generation on the floor and young
men/women behind the seated family members and often the tharavadu
or ancestral home in the backdrop (as was the case in Figure 11.1). The
tenacity of the visual pyramid is vital in the kudumbayogam archive. This
visual order which predicates the priest at the heart of the family union is
also recreated on the kudumbayogam dais. Parayil (2014) in his excellent
analysis of family photographs observes that by the late colonial period,
social change in Kerala was mediated by the visual image. Photographs,
he writes, became performative spaces and a public act. And the
earliest examples of such mediation were family group photographs fo-
cused on the unity and stability of the kin. Photography was co-opted
as mechanism to stabilize dominant narratives on family during times
of turmoil (Namiko, 2004). Later, we find photographs which captured
interpersonal relations, small family forms, new domestic hierarchies,
material symbols of aspirations as part of a family’s visual depictions.
Nevertheless, group photos of the extended kin continue to be the main-
stay of the family archive. They are often made part of home-page sliders
or appear as feature images (as in Figure 11.2).
Displ aying the ‘Family ’ Online 313
An image’s distinction is ensured by the website’s multimediality.
If not for the separate webpage, design, line vector image, and texts—
photographs would never stand out on their own. If we leave aside mem-
bers in communal outfits, famous personalities, or decorated high priests
with costumes that give away their rank and influence, photographs of
Syrian Christian men, women, and families require additional infor-
mation. It is multimediality—or an apposition of two or three media
forms—which brings out peculiarities. There is no racial specificity
which distinguishes a Syrian Christian family’s studio image with that of
other Malayalees or South Asians (notwithstanding counterarguments
made by family DNA groups). This is especially clear in depictions of the
small-family form and heteronormative coupledom.
J. Devika (2008), in her exquisite analysis of shifts in family forms
and interpersonal relations in Kerala, identifies the ‘small family form’
with the ideology of responsible parenting (child-crafting), gendered
division of labour and domestication of individuals. She argues that
the new dwelling made up of the husband–wife and parent–children
axes often loosened their ties with the extended kinship and com-
munity. Undoubtedly, this analysis resonates with Syrian Christians.
Nevertheless, Devika does not discuss two issues which have a bearing on
Christian families: (1) the Church and (2) the repurposing of extended
kinship into family associations. The family portrait (man, his wife and
two children) in Figure 11.1 is an example of the historically constituted
small family. The family association does not deplore the nuclear family;
rather, it ties it to a larger unity of similar families spread out globally.
The husband–wife axis (of the nuclear family) has a special place in
the kudumbayogam album (Figures 11.7 and 11.8). One would find ump-
teen examples of photographs of newly wed couples on family websites.
In fact, family association meetings felicitate the newly wed and even de-
vise games and cultural programmes specifically aimed at kindling ro-
mantic love and conjugal display (Kandathil Family, n.d.).
Ancestors who lived and died without ever facing the camera as a ‘mar-
ried couple’ are often stitched together by their descendants using photo
editing softwares (Figure 11.8). Palpably, visual engineering of this sort
suits the genealogical text of the family website. It is interesting that family
associations have popular heteronormative notions of the small family
at its heart as against the multi-generational joint family. No association
Figure 11.7 Impression of a studio photo of a newly-wed couple
Source: Author, 2022.
Concluding Thoughts
Notes
1. The term tharavadu has found some academic elaboration within discussions on
Nair matrilineal households, inheritance, and reforms in Kerala. This chapter is
concerned with the generic, present-day use of the term by Malayalees, which may
have its historical roots in matriliny but definitely has a life beyond it.
2. I am reminded of the Kerala corner in Indira Gandhi Rashtriya Manav
Sangrahalaya, Bhopal which has reassembled spacious, specimens of Nair and
Namboothiri houses and downhill a set of thatched, temporary structures of
fishing community houses.
3. Commercial family websites convert their ancestral home to heritage homestays
and resorts. Such tharavadu resorts, as they are popularly known, stand at the
confluence of tourism expansion and transnational migration of the 1990s.
4. Syrian Christians form a multi-denominational community, largely made up of
native, upper-caste Christians in Kerala with a powerful diaspora. One also finds
a small percentage of lower-caste Christians within Syrian Christian denomin-
ations, some of whom have taken up the ‘Syrian Christian’ identity (Abraham,
2019; Visvanathan, 1993).
5. The use of the term ‘family’ in family association denotes patrilineal collateral
lines of descent made up of numerous, globally dispersed household units.
6. Websites are made up of files and these files need to be stored in specialized
servers. Hosting primarily facilitates such storing and ‘serving’ as per our re-
quirements. There are several hosting services such as GoDaddy, BlueHost,
DreamHost, HostGator, and so on, used by Syrian Christian Family Websites.
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12
‘Seeing’ Family through
Wedding Albums
Suryanandini Narain
Suryanandini Narain, ‘Seeing’ Family through Wedding Albums In: Family Studies.
Edited by: Anuja Agrawal, Oxford University Press. © Oxford University Press 2024.
DOI: 10.1093/9780198930723.003.0013
328 Suryanandini Narain
this the claims of social status made by the families. In the next section
I look at the concurrence of economic liberalization with the digital revo-
lution in India during and after the 1990s, impacting the ways in which
both weddings and wedding albums have been executed. Familial config-
urations and ritual practices have been aesthetically reformulated for the
lens for sanctifying matrimony.
The photograph references larger tropes in media and popular visual
culture besides being a mnemonic device for sacred and legal purposes
in the family. It testifies how ‘families need to be “displayed” as well as
“done” ’ (Finch, 2007, 66). The final section dwells on a few exceptions
to the norms of conventional marriage and related photography, namely
in the form of the ‘court’ marriage and the ‘candid’ photograph. I enquire
into the alternative modes of familial representation that such photo-
graphic spaces have to offer. This is followed by a conclusion on the po-
tential use of the photograph as a visual method in research, for familial
and other fields of study. Overall, this chapter is a study in the intersec-
tions between class, visual aesthetics, and familial configurations as re-
flected in wedding albums. It is also a study of the construction of gender,
in that family photographs act to negotiate individual and social iden-
tities of the marrying woman. While the scale of my research remains
limited to Hindu rites in urban north India, it is important to consider
the ‘pan-Indianness’ of the Hindu model as an archetype informing other
ethnic and regional rites, resulting in the standardization in wedding
photography as a representative visual practice.
The title of this chapter borrows from the editorial of a 2017 special
issue of the journal Photography and Culture, which addresses how def-
initions of ‘family’ and ‘family photography’ can be expanded in visual
studies. The guest editors of the journal claim that the contemporary
family has been redefined, needing new methodological approaches to
study its fabric, ‘thereby raising methodological questions about ways
of seeing, feeling, hearing, and collecting that have informed interpret-
ations of family photography thus far and suggest new modes of inquiry
and interpretation’ (Orpana and Parsons, 2017, 95). Towards this goal,
while studies on family photographs from South Asia are very limited,
there is significant international scholarship in the domain (Bourdieu,
1990; Brown and Phu, 2014; Goldchain and Langford, 2008; Hirsch,
1997, 1999; Kuhn, 1995; Rose, 2016).2 Recent works by Banks (2018)
‘Seeing’ Family through Wedding Albums 329
and Perera (2020) have consciously explored the methodological poten-
tial of personal photographs, with Karlekar (2005) and Majumdar (2009)
having successfully employed images to comprehend social dimensions
of modernity, gender, and the colonial subject in India. I position this
chapter in the context of a specific rite of passage within this larger dis-
course, regarding photography as an aid for the ‘doing’ and ‘display’ of
‘familyness’.3 Wedding photography is an attempt to visually address a
disciplinary gap identified by Carol Smart, where everyday family life
re-engages with certain events and rituals such as festivals, traditional
family holidays, and reunions, which have ‘fallen outside the framework
of sociological interest’ (Smart, 2007, 35). The South Asian context offers
a case of complex intersectionality where the family can be studied for
its visual self-display, its aspirations to class and status, entwining with
everyday lived realities as they are revealed in family photographs.4 The
chapter tries to establish the wedding album as a heuristic device to
bridge enquiries into the family for larger topics of sociological interest,
such as class, gender, and globalization on the one hand with more recent
studies of memory and intimacy on the other. Certain pressing questions
beg answers that are centrally addressed in the chapter.
While a wedding strikes its own balance between convention and im-
agination, is the camera’s role merely documentary or can it also be con-
structive, spectacular, or imaginary? Or as Janaki Abraham asks while
examining wedding videos from Kerala: ‘What newness have cam-
eramen and videographers brought to marriage ceremonies and rituals?
And related to this, how do videos represent the wedding and conju-
gality?’ (Abraham, 2011, 265). How exactly does the camera participate
in both the cultural homogenization and innovation of a fundamental
social institution? This chapter hypothesizes that wedding photography
as a practice in ‘displaying’ family is instrumental in constructing the very
notion of family, as much as in documenting it.
The album is the proper home of a photograph, its format enables one
image to be explicated by its neighbours, the past and present in se-
quence. Arranged carefully, photographs are safe between heavy covers,
330 Suryanandini Narain
preserving memories of weddings, holidays, birthdays, and ceremonies
for families that grow and scatter in the course of life. The images are
key to the role that families perform as ‘mnemonic communities’ (Smart,
2007, 40), as they seek to document objective history, but they are also
aids to subjective memory, invoking nostalgia amidst known audiences
while instructing newer members. In belonging to an album, individuals
gain membership to families and collective memories.5 The physicality
of an album, more pertinent in the pre-digital era, lends it a function and
character that lies beyond the potency of individual images. With the
arrival of digital photography, the album takes the dual format of being
virtual besides being tangible, populating social media, inviting new pos-
sibilities for visual intervention, alteration, and the unprecedented speed
of creation and instantaneous sharing.
Wedding albums are a variety of personal albums that focus on a cru-
cial rite of passage, when the families gain and loose members under
ritual guidelines. Professionally compiled wedding albums produced
by photographic studios involve a template-like, orderly arrangement
of images that see through this transition. The visual narrative is more
or less chronologically aligned to the event, with a proportion of pages
dedicated to portraits, another to group images, photographs of spatial
arrangements, and a focus on rituals. They are often accompanied by
text, allowing for better recall. The names of the marrying couple, the
dates for the events, and even the wedding invitation, are often inserted
into the album, indicating a conscious effort towards historicization. The
wedding album is hence a serious acknowledgement of families in the
making, occupying a visual, physical, and memorial space in households.
While it is difficult to pinpoint the first wedding album that was pro-
fessionally made in the subcontinent, a copy of one of the earliest ones
from the Alkazi Collection of Photography in Delhi, gives a possible
history. The Kapurthala wedding albums6 dating to the early twentieth
century are an illustrative example of the portrayal of an elite visual his-
tory and politics of matrimony. Judith Mara Gutman emphasizes that the
reason for weddings of the royalty to be photographed was chiefly to do
with the fact that ‘weddings were crucial to a Court or State, since they
involved an exchange of property (in earlier times armed processions
marched to weddings with the possibility in mind that they might need to
ward off war)’ (Gutman, 1982, 86). The earliest album in this collection
‘Seeing’ Family through Wedding Albums 331
documents the wedding of Tikka Raja Paramjit Singh of Kapurthala,
dating back to 1911 (also called Rani Brinda’s wedding album), compiled
by the famous photographers Bourne and Shepherd.7 The album con-
tains thirty-seven platinum print photos, seventeen of which are devoted
to various events at the wedding, such as the State Ball and Banquet,
Hindu and Sikh wedding rituals such as the Sehrabandi, and several im-
ages of a spectacular wedding procession.
These photographs capture the physical dimensions of space but do
not focus on the couple or any other members of the party, who remain
largely at an unidentifiable distance. The family is inseparable from
guests, courtiers, and musicians, the typed titles at the bottom of images
only alluding to the visualized event. Reputed for their landscape photog-
raphy, Bourne and Shepherd are in fact not seen to change their format
for the Kapurthala wedding album, taking wide-angle shots of the scenes
at hand.8 The albums in themselves are thus not of a personal nature,
with a large distance separating photographer and subject, mirroring
the formal aloofness a subject of the royal state may also feel. The royal
marriage thus does not only belong to the family, but to the kingdom,
its people, and their larger claim to socio-political status. The physic-
ality of the album indicates its role as a state souvenir, with high-quality
silver gelatine printing, its leather-bound cover embossed with the state’s
crest. Album copies are known to have been issued for official presenta-
tions, making it essential for the photographs to foreground orderliness
and grandeur over and above intimacy or spontaneity at a royal wedding
(Figures 12.1 and 12.2).
In contrast to the patronage of royal families, wedding albums in or-
dinary families were not produced until photography itself became
more affordable and the camera, democratized. The family members of
late Vinodini Srivastava, a middle-class woman from Delhi, recall how
Vinodini’s parents, who married in 1928, had no photographs of their
wedding due to the expenses involved, the absence of a personally owned
camera, and also the limitations of photographic technology indoors or
in the failing light of evenings.9 They add how Vinodini’s wedding in the
1960s was not professionally photographed for some of the same reasons,
but on the following morning a photo-shoot via a relative’s camera within
the precincts of her natal home took place. Before she left with her new
husband, her brothers pulled out the sofa from the drawing room into
332 Suryanandini Narain
Figure 12.1 ‘The Hindu Marriage Ceremony’ from Bourne and Shepherd,
‘The Wedding Album of Sri Tikka Paramjit Singh of Kapurthala with
Princess Brinda of Jubbal’, Platinum Print, 2 February 1911, 175 × 308 mm,
ACP: 98.57.0001(8)
Source: The Alkazi Collection of Photography, New Delhi.
Since the late twentieth century, weddings and their albums in South Asia
increasingly simulated heterotopias borrowed from cinematic frames,
seamlessly intermixing fantasy with the reality of the rite of passage.
A family’s decision to hire professional photographers familiar with the
spectacles of Hindi cinema reveals a shared inter-ocularity and a common
vocabulary between the two lens-based media.10 New technologies after
the digital turn of the 1990s have further enabled albums to become
glossy, colourful productions of considerable cultural capital, portraying
the bride and groom as the stars of their movie-like wedding. Film his-
torian Sangita Gopal (2011) aligns the emerging post-liberalization
citizen-subject with visual depictions of the couple in cinema, shown
within the vagaries of marriage.11 The wedding is no longer a conclusion
to the filmic storyline, but opens into exploring the domestic and pro-
fessional spheres where the couple and nuclear unit dwell. The couple is
individuated, extracted away from the family and community, to depict
the independent citizen who can exercise free choice.
Concomitantly, wedding albums since liberalization have devised
complex and elaborate ways of depicting this couple outside the context
of family and in a vastly different social order from the generations be-
fore them. These albums are a fascinating admixture of visualizing con-
jugality in both familial and non-familial backgrounds, leaning towards
one or the other depending upon the choices made by their producers,
that is, the families themselves and the lens-bearing photographers.
336 Suryanandini Narain
The examples that follow illustrate the ways in which wedding albums
visually locate conjugal relations in personal and social realms inhabited
by the family. A model of Indian social stratification can be suggested on
the basis of the types of photographic intervention commissioned by the
families. The uppermost, elite classes patronize a dual mode of wedding
photography, with candid as well as documentary albums of the event
suggesting wealth, status, and an emotional charge. The middle classes
emulate the elite by creating an imaginary photographic space that sim-
ultaneously projects safety in conformity, reinforcing socially expected
propriety, extended family participation and ritual precision. This emu-
lation matches Dwyer’s reflections on cinema among Mumbai’s middle
class, that ‘extends its reach through its anonymous representations in
the press, literature and other cultural manifestations, whereby it be-
comes the norm or the aspiration’ of the classes below (Dwyer, 2000, 4).
I add wedding photography to the list of representative practices through
which visual culture and aesthetics transfer between upper, middle, and
lower classes. The different modes of wedding photography index what
Dwyer calls the enjoyment of love, wealth, and equality in the domain of
the postmodern family engaging with capital and consumption (Dwyer,
2000, 13).
During the wedding, the photographer has a shifting position of
proximity to the couple, as one who does not belong to the family or
the officiating ritual agency, but nevertheless has unmitigated access to
the marrying couple, performing the role of the primary witness with
his recording device. Ankit Sharma, owner of a photo studio in Delhi’s
Chandini Chowk, explains how the photographer at the time of the wed-
ding takes on the role of the visual director, intervening to make a ‘good
picture’ that conforms with expected social norms.12 For instance, he
induces the repetition of actions, the freezing of poses and expressions,
irrespective of the overall temporal linearity of the rites, suggesting a
‘non sacred ritual’ constructed via photography. Clients accommodate
the intrusiveness of a photographer in order to extract the most repre-
sentative image, although a primary selling point for studios is the claim
of performing their job ‘un-intrusively’ or ‘without making the sub-
ject feel uncomfortable’.13 The larger family’s legitimizing role as wit-
ness to the wedding is mediated through photography, as they may only
‘get a glimpse of things happening though the crevices in the screen of
‘Seeing’ Family through Wedding Albums 337
cameramen. . . . The audience for the ritual then are the cameramen (and
the immediate family which is on stage), because few others can see it.
The audience in their seats only manages to see the marriage ceremony
later through the photographs and the video, i.e. through the eyes of the
cameramen. The social prescription of witnesses who legitimize the
marriage by not only being present but seeing the ritual is thus reformu-
lated’ (Abraham, 2011, 268). Such an album is typical of the kind that
emigrating couples or spouses require for their visas during interviews in
embassies. The conviction of the married couple to appear as such rests
heavily on the claimed originality of the wedding album, and the appear-
ance of the couple as truly being locked in matrimony.
Exemplifying this kind of visual construction, Mala and Sandeep’s
wedding album from the year 2005 bears a red hardbound cover, with
equally sized plastic sleeves holding their photographs. ‘These albums
are available by the dozen in Camerawalli galli (lane) behind our shop.
They are supplied from here to all over India. This is the most common
form of the wedding album’, explains Sharma.14 The clients coming to
such studios are not expecting to be offered visual innovation in their
albums which may set them apart from their larger community, instead
they are seeking social inclusion through conformity with established
formats. In her preference for the same type of album as all her other
married relatives, Mala, the bride, gains a sense of belonging that she, as a
second-generation migrant into the city of Delhi, derives a sense of root-
edness and confidence from. Her family belongs to a middle-class back-
ground with her father working as a government clerk and her mother, a
homemaker. Mala says that her parents had in fact made a greater finan-
cial investment in the pre-wedding matrimonial photograph than in her
wedding album.15
Most of the 330 photographs in Mala’s album are straightforward
shots of people posing for the camera, midway in their participation in
a ritual, standing or seated next to the bride and groom. The first page
shows Mala and the groom, Sandeep, in double portraits, dressed in their
wedding attire with ‘Happy Wedding’ and the date of the event inscribed
above them (Figure 12.5). The next few pages have up to six full and
half individual portraits of the bride, and a couple of the groom, taken
just after the jaimaal or the exchange of garlands. Mala recalls having to
pose for these shots, tilting her face and directing her gaze following the
338 Suryanandini Narain
Alternative Practices
Figure 12.7 Rizwanur Rahman and Priyanka Todi at their civil wedding
Source: Published in The Times of India, 13 November 2008.
legitimate. The court thereafter grants a certificate to the couple, with the
image taken by the temple photographer acting as a crucial validating
agency. She observes that ‘the photographer and the actuating priest per-
form their expected functions at a temple, but often extend themselves
to become the witnesses to sign at the certification of the marriage in
the courtroom. In the absence of community that grants legitimacy and
sanctions the union, they are the step ins for family and friends, the pho-
tographer in one case even playing the role of comforting the bride as
she cries, telling her not to shed tears in a marriage of consent’ (Mody,
2008, 128).
Conclusion
Notes
1. I discuss conjugal relations in Narain (2022).
2. That any family photograph is a viable index for sociological readings into the
family unit is supported by observations made by Julia Hirsch, who notices their
similarity and interchangeability when she writes: ‘their conventional and pre-
dictable poses make them largely interchangeable. They carry meaning within
the family’s own narrative and are emptied of that meaning outside that narrow
circle. But family pictures are often so similar, so much shaped by similar con-
ventions, that they are readily available for identification across the broadest and
most radical divides’ (Hirsch, 1981, xiii).
3. Janet Finch (2007) makes an important point about how families manifest them-
selves by not only ‘doing’ family, but by ‘displaying’ of family, important empiric-
ally and theoretically for the ‘sociological tool kit’. The initial shift from just ‘being’
family to ‘doing’ family is credited to the work of David Morgan (1996), infusing
the scholarly understanding of familial relationships with the observation of ac-
tive roles performed by family members in playing out their familial identities;
being family as a quality, not a thing. ‘Familyness’ is used by Michael Haldrup
and Jonas Larsen (2003) in their work on tourist photography, who argue that
‘Rather than being an alienating add-on, photographing is an integral compo-
nent in producing identity, social relations and “familyness” ’ (2003, 25–6).
4. Kapur (2009) suggests that ‘The family photo both displays the cohesion of the
family and is an instrument of its togetherness; it both chronicles family rituals
and constitutes a prime objective of those rituals. Because the photograph gives
the illusion of being a simple transcription of the real, a trace touched directly
‘Seeing’ Family through Wedding Albums 347
by the event it records, it has the effect of naturalizing cultural practices and of
disguising their stereotyped and coded characteristics’ (2009, 7).
5. Carol Smart (2007) emphasizes the importance of memory in studies of per-
sonal life as being one of the crucial yet academically neglected domains. She says
‘families provide the context in which we learn what to remember and what to
forget. Hence photographs and later also videos are taken of “special moments”
as memory aids’ (2007, 40).
6. The kingdom of Kapurthala was established in mid-eighteenth century by Sardar
Jassa Singh Ahluwalia. Thereafter ruled by the Ahluwali or ‘Walia’ dynasty,
Kapurthala became part of the Punjab States agency in 1930.
7. Incidentally, this was also one of the—if not the first—Indian weddings to be
filmed on a camera developed in France by the Lumière brothers, although the
film is not known to have survived.
8. These images are more akin to those in presentation albums rather than wedding
albums, presentation albums defined in Sophie Gordon’s words as ‘created by the
kingdoms to present an image of the state to the colonial administration. These
consisted of fairly unremarkable architectural and landscape views, prefaced by
a portrait of the ruler, designed to show the progressive nature of the princely
state through photos of libraries, hospitals and the new administrative offices’
(Gordon, 2008, 110).
9. Interview with the family of Vinodini Srivastava, Delhi, June 2012.
10. Defined by Christopher Pinney as ‘the “conversation” between idioms of chromo-
lithography, theatre, and photography in late nineteenth-and early twentieth-
century India (that) created mutually reinforcing expectations. These different
visual fields crossed each other through processes of “inter-ocularity”—a visual
inter-referencing and citation that mirrors the more familiar process of “inter-
textuality” ’ (2004, 34–5).
11. Gopal (2011) writes of how Karan Johar’s directorial reinvention of the family
in lengthy films with rich song and dance sequences is popular for the audiences
while also counterbalancing the forces of globalization within the country. The
depiction of familial authority and the forbidden love of a couple is reconciled in
his films that foreground sentiment amidst luxuriant settings within and outside
India, smoothening familial discord with glamourized representations of trad-
ition and ritual. Invariably, Johar’s song and dance sequences have found takers
in weddings of the rich, who structure their events on a scale that is akin to his
films, complete with the performative sequences involving the couple and their
families.
12. Interview with the author, July 2012.
13. Abraham makes the following observations in her field, ‘Cameramen often inter-
vene in the wedding ritual . . . in fact a number of people spoke about how the
ritual revolves around the convenience of the cameramen! The cameramen often
suggest that some part of the ceremony be repeated: parts of the garlanding or the
exchange of bouquets. . . . Some parts of the rituals at a wedding are then opened
348 Suryanandini Narain
to repetition. . . . Sometimes the cameraman or a video man may actually become
one of the people conducting the marriage ceremony’ (Abraham, 2011, 268).
14. Interview with the author, July 2012.
15. ‘I am one of three sisters and a brother. My parents wanted me married and well
settled so they spent more on the matrimonial photos. The wedding itself as an
event had several other expenses, so they did not spend too much on the album’,
she explains. Her matrimonial photograph was thus taken at the more expensive
and sophisticated Studio Prem of Kamala Nagar market in North Delhi while
the wedding album was produced by a modest studio in Chandini Chowk in old
Delhi. Interview with Mala Negi in New Delhi, August 2011.
16. Adrian writes that ‘people see romance as modern in its individualism in con-
trast of marriage and family, which are traditionally bound’, promoting the use of
‘visual clichés that say ‘romance’ even in the absence of narrative text’ (Adrian,
2003, 182).
17. The Times of India, Crest Edition for Saturday, 26 May 2012, is one of many media
reports on the luxuries that the super-rich indulge in for weddings. The class
of people that this article enumerates include celebrities and business families,
with expenses exceeding the double-digit crore mark. Articles in this issue of the
newspaper are titled: ‘Faraway Pheras’ (p. 5), ‘From Lehenga to Lagan, by Design’
(p. 7).
18. Perera elaborates how ‘pre-wedding images elicit a clear sense of informality and
relaxation, while the wedding photos construct a much more conscious sense of
formality . . . ensuring that the contemporary idealised prerequisites of marriage,
which oscillate between love to passion and desire, have the space to express
themselves in the photos’ (Perera, 2020, 171).
19. ‘Not community’ is Mody’s generic term for all those who by will to marry in
opposition to community sanctions find themselves at its margins. She examines
the tensions between the community and the State as agencies validating mar-
riage and the mutual exclusiveness of the two in making their decision on the
union. This exclusiveness reflects in the nature of the albums that are produced
from marriages held in the court. The courts of the Indian legal system allow
for adult marriages with mutual consent of the marrying couple across social re-
strictions, providing an alternative to those who wish to marry outside the sanc-
tions of their community. Several marriages of the former kind thus seek recourse
to the court for marriage when families refuse to undertake the religious rite of
uniting them (Mody, 2008).
20. Dutta writes: ‘Rizwanur’s picture is charismatic. Ninety-nine percent of the
people he (Rukbanur, Rizwanur’s brother) came in touch with told him that it
was that face that had brought them into the movement. Rizwanur’s visual cha-
risma emerges from the frontality of the face that shines a boyish smile fully into
the camera, as if it held no secrets and harboured no grudges’ (Dutta, 2011, 300).
21. She says, ‘wedding photographs— pictures of families obeying custom and
religion—also subordinate a personal sense of time and place to the demands
of the ritual . . . we don’t mind if wedding pictures lie as long as their decep-
tions uphold the tradition that the photograph is meant to honour . . . we are
‘Seeing’ Family through Wedding Albums 349
not concerned whether the couple is in rented clothes, in a rented hall, in a
photographer’s studio, or in its own living room. It is the ceremony of their union,
not their relation to the particular place that is important’ (Hirsch, 1981, 62).
22. In this regard, Bourdieu’s conclusions in his work Photography: A Middle Brow
Art (1990) lend clarity on the subject of image-class relationships, when he says,
‘the norms which organize the photographic valuation of the world in terms of
the opposition between that which is photographable and that which is not are
indissociable from the implicit system of values maintained by a class, profession
or artistic coterie, of which the photographic aesthetic must always be one aspect
even if it desperately claims autonomy’ (1990, 4).
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Index
For the benefit of digital users, indexed terms that span two pages (e.g., 52–53) may, on
occasion, appear on only one of those pages.
Figures are indicated by an italic f following the page number.