Hindu Divorce: A Legal Anthropology by Livia Holden

By Livia Holden

This comparative learn investigates where of Hindu divorce within the Indian criminal procedure and considers no matter if it deals a manner out of a matrimonial hindrance scenario 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 in addition within the united kingdom and united states. The multidisciplinary strategy attracts on study from the social sciences, feminist and felony stories and may be of curiosity to scholars and students of legislation, anthropology and sociology.

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Yet the nullity theory fails to fit with the specific meaning of the rituals of the Hindu marriage. If the Hindu marriage can be null and void notwithstanding the celebration of the sacred rituals, we are forced to admit that in some cases those rituals do not cause the internal transformations that are supposed to constitute their very principal essence. This appears inappropriate since the central notion of the Hindu marriage is its efficacy based on the rituals and regardless of the quality of the individuals.

As such, this work is inspired by the feminist denunciation of traditional scientific knowledge for prioritising men’s values as the paradigm of human experience (Harding 1987; Hirsh and Keller 1990; 370–385). 7 The approach restricting public attention to the situation of the oppression and submission of South Asian women exclusively in terms of gender has been widely criticised by the feminist scholarship reacting against the white imperialist and Western-centred vision of women’s condition. By portraying the Hindu woman as a victim the conventional feminist discourse has implied a certain degree of acceptance of the patriarchal perspectives depicting gender in biological categories (Gandhi 1998, 81-176; Kapur and Cossman 1996, 22–23).

Yet the nullity theory fails to fit with the specific meaning of the rituals of the Hindu marriage. If the Hindu marriage can be null and void notwithstanding the celebration of the sacred rituals, we are forced to admit that in some cases those rituals do not cause the internal transformations that are supposed to constitute their very principal essence. This appears inappropriate since the central notion of the Hindu marriage is its efficacy based on the rituals and regardless of the quality of the individuals.

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