By Livia Holden
This comparative examine investigates where of Hindu divorce within the Indian criminal approach and considers no matter if it bargains a manner out of a matrimonial main issue state of affairs for girls. utilizing the narratives of the social actors concerned, it poses questions on the connection among conventional jurisdictions positioned in rural components and the bigger felony tradition of cities and towns in India, and likewise within the united kingdom and united states. The multidisciplinary procedure attracts on learn from the social sciences, feminist and criminal reports and should be of curiosity to scholars and students of legislation, anthropology and sociology.
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Additional info for Hindu Divorce: A Legal Anthropology
It also bears a meaning from a wider socio-legal approach to law: the inclusion of custom in the realm of the legal has the unique advantage of overcoming the ﬁctional opposition between normative and non-normative behaviours, or between ofﬁcial and alternative normative orders that ﬁx society within the limits of a privileged and totalising cultural system (Baxi 1986a and 1986b; Bourdieu 1972; Chiba 1986; Geertz 1973 and 1983). We may see later that an inclusive perspective does not stop altogether the discrimination in relation to the supposed minority-groups observing custom.
Many of the features that we will meet later in the case-law on Hindu divorce are summarized by Bhandari (1989, 75): There are a few rites related to divorce which is known as Chhuta, Chheta, (talak) meaning dissolution of marriage. Among the Bhils the right of divorce lies both with the husband and wife. If the husband seeks divorce he can do it any time he likes, only with the loss of the bride price he paid. But if the wife wants to part, the husband has to be paid bride price which he gave to her parents and marriage expenses.
The call for Western feminist social scientists to examine their privileged positions in the construction of knowledge about women and gender cross-culturally, articulated some of my discomfort with the Kenyan project. Speciﬁcally, these writings exposed and seriously questioned the power dynamics that inhered in First World women conducting research on Third World women, arguing that much feminist writing reiﬁed these categories and reinforced the power relations reﬂected in them. Although both categories, and the relation between them, are more often stereotyped than adequately theorized, even in critiques, my own position in the ﬁrst of them compelled me to confront the charges directly...