Introduction

“Marriage is my precept and my practice. Those who do not follow my practice are not of me.”                            

                                                                                                      – Prophet Mohammad

An important aspect of personal laws governing any community is the concept of marriage. Under Muslim law, marriage is referred to as “Nikah”, which is an Arabic word meaning union of the sexes. Thus, the purpose of marriage has been the procreation of children and a mode of legitimising sexual behaviour. The Quran refers to Nikah as “Mishaaqan Ghaliza” which translates to a sacred and noble covenant. It is in the nature of a contract whereby two parties who have reached puberty (considered the age of majority in Islam for marriage) are tied in an eternal bond and vests them with duties and responsibilities that are to be fulfilled towards each other.

A perusal of the Quran and Hadees reveals that the purpose of marriage is threefold. Firstly, marriage provides an opportunity for a man and woman to experience each other’s company and the happiness of a shared home. Secondly, the object of marriage is to produce legitimate children and provide a conducive environment for their upbringing. Thirdly, marriage serves the social purpose of maintaining harmony and preventing men from indulging in promiscuous behaviour. Thus, marriage under Muslim law is considered crucial in regulating the social fabric and at the same time acts as a medium for men and women to fulfil their emotional needs through companionship.

Concept of marriage under Muslim Law

The concept of marriage has undergone significant changes since the inception of Islam. In pre-Islamic times, Arabic society was tribal in nature and is often referred to as Jahiliyyah (age of ignorance). The tribe was the main unit of society and in order to survive, every person had to belong to a particular tribe. Since the laws and regulations of each tribe differed, the position of women varied depending upon which tribe they belonged to. In most cases, it was not very favourable as it was a male-dominated society. The customs which were prevalent allowed men to take multiple wives and the marriages at the time did not bestow rights and obligations on the parties.

However, there is also ample evidence to show that women held high positions and were given rights, such as the right to choose their husbands, to divorce, and to return to their own tribe. The most common types of marriages that were in practice were marriage by agreement, marriage by capture, marriage by Mehr, marriage by inheritance, and Muta marriage. 

Marriage by agreement involves an agreement between a man and his future wife’s family.  The parties could belong to the same tribe or even different tribes. Some women were forbidden from marrying outside their tribe and had to marry within the tribe or a stranger who acquiesced to live with the tribe. In the case of intertribal marriage, the woman had to leave her family and reside with her husband. The children born from such marriages were considered a part of the father’s tribe unless a contrary agreement had been made during the marriage. In inter tribal marriages, women had more freedom and could refuse or divorce their husbands at any time.

In marriage by capture, referred to as Ba’al, women were taken as captives during the war by men from other tribes and were sold into slavery or marriage. The woman was completely under the control of the man in such a marriage. They had no freedom or the right to divorce and her only role was to bear his children. The husband was regarded as the lord or owner of the wife, and hence, it was referred to as a marriage of domination.

Marriage by purchase/Mehr is also another kind of marriage that was in vogue in pre-Islamic Arabia. The groom’s family paid Mehr to the bride in order to contract a marriage. Although such a marriage was slightly different from marriages by capture, the position of women remained unchanged as they were still under subjugation. The Arabs were wary about selling their daughters and wanted an equal match, charging a hefty Mehr while contracting such marriages.

Marriage by inheritance involves passing down a man’s wife after his death to his legal heir. When a man died, his heir inherited all his wives. He was allowed to either keep all of them as his wives or arrange a marriage in exchange for dower or he could simply dismiss them. This type of marriage was prevalent in most of Arabia, including Mecca and Medina.

Several other types of cohabitation practices like secret marriage (where the man visited the woman in secrecy occasionally), marriage by exchange (which allowed a man to exchange his wives with wife of another man), polygamy, polyandry, concubinage, service marriage (where a man unable to pay dowry agreed to serve the wife’s father or kin till he earned the bride price), wife lending (where a man allowed his wife to cohabit with “men of distinction” to bear children of noble lineage) can be seen in pre-Islamic Arabia.

However, in post-Islamic times, improvements in the concept of marriage can be observed. It is more of a contract between the parties who are on an equal footing and, at the same time, have secured the rights of women through the payment of dower. Islam has greatly strengthened the position of women who were subjected to male domination during the period of Jahiliyyah and recognised them as separate individuals who are equally entitled to rights of divorce, property, freedom, and dignity. The rights of women which were previously under the caprice of narrow societal norms were restored by Islam.

Nature of Muslim marriage

To put it in simple words, the nature of a Muslim marriage is essentially similar to a civil contract. The reasons behind connoting a contractual nature to a Muslim marriage are the following: 

• A contract consists of an offer made by one party and accepted by another. Similarly in a Muslim marriage, a party has to make an offer of marriage (Ijab) in clear terms to another which should be accepted (Qubool).
• Consent to a contract must be obtained freely without subjecting the party to any kind of coercion, fraud, misrepresentation, undue influence, or mistake. A Muslim marriage also stipulates that parties must consent to the marriage out of their free will.
• A contract with a minor is void ab initio. In a Muslim marriage also, the parties are expected to have reached puberty, in order to contract a valid marriage. Marriage with a minor is considered to be void.
• A contract that has been entered into when the parties were minor can be ratified or set aside by him/her upon reaching a majority. A Muslim marriage also provides the option of puberty wherein parties to the marriage, if given in marriage by their guardian during minority, can ratify or repudiate the marriage on attaining majority.

In the case of Abdul Kadir vs. Salima and Anr. (1886), Justice Mahmood dealt with the nature of Muslim marriage at length. Denoting it as a purely civil contract and not a sacrament, he goes on to elucidate that although the marriage is concluded with the recitation of Quranic verses, there are no stipulations provided in Islam such that its non-performance would render the marriage invalid. It is also not mandatory to be reduced to writing and the only considerations necessary are the declaration made by one party and the acceptance of it by another or by their guardians in the presence of proper witnesses. 

The moment a marriage is solemnised by making a declaration and its acceptance, both parties are vested with legal rights. Conjugal relations between them become legal. The wife has the right to dower, maintain, and raiment. The prohibitions of affinity are made applicable to both spouses and at the same time, they become entitled to mutual rights of inheritance. The husband is enjoined to treat all his wives equally, with respect and kindness, and also the power to chastise her in case of disobedience. Similarly, the wife is to provide access to her for establishing connubial relations.

However, in Shoharat Singh vs. Jafri Begum (1914), the Privy Council opined that a Muslim marriage is a religious ceremony. According to Justice Ameer Ali, marriage under Islam has its roots in tradition and religious duty ordained in the Quran. Its purpose is the propagation of the human race and to steer men away from foulness and unchaste behaviour. Muslim marriage is not entirely a contract and imbibes within it certain religious aspects also. It is mandatory that parties to the marriage must be Muslim by religion. The Quran describes marriage as “Ibadat” meaning a devotional act. Thus, men and women are discharging their religious duties by entering into the ties of marriage. 

Apart from these considerations, the concept of Mehr or dower has often been equated to consideration under Section 25 of the Indian Contract Act, 1872. However, such a view is not entirely true because the object of the dower is not only a payment of a sum by the husband, rather it acts as a mark of respect for the wife and provides her with security for sustenance. The Indian Contract Act contains provisions of contingent contract, but a Muslim marriage cannot be contingent in nature. Under the contract law, acceptance can be given subsequently within a reasonable time, but in Muslim marriage, offer and acceptance must be given in the same meeting.

In the case of Anis Begum vs. Malik Muhammad Istefa (1933), it was held by Justice Suleiman that a Muslim marriage apart from being a contract, is also a religious sacrament.

Essentials of Muslim marriage

The essentials of a Muslim marriage can be listed as follows:

Competency of the parties

Both parties must be Muslim, of sound mind, and have attained the age of majority at the time of solemnisation of marriage. The age of majority, for the purposes of marriage under Muslim law, is when they hit puberty. However, a person who has not reached the age of majority can be given in marriage by his guardian. In order to understand how guardianship in marriage works, it is pertinent to know the following life stages. Under Muslim law, a man and woman have three life stages-

• Saghir, when the boy or girl is under 7 years of age. A marriage solemnised at this age has no legal validity.
• Sariri is the age between 7 to 15 years old. Even at this age, consent of the boy and girl is immaterial and they can be married at this age only with the guardian’s consent. Under Shia law, only the father or paternal grandfather, if the father is not present, is allowed to give a minor in marriage. Under Sunni law, the following persons can contract a marriage, on behalf of a minor, successively,

1. Father,
2. Paternal Grandfather, how high soever,
3. Brother and other male relatives,
4. Mother,
5. Mother’s relatives,
6. The State/Kazi/Court.

• Bulugh, when the boy and girl attain the age of 15 years, they are allowed to contract marriage at their will and such marriages are considered to be legally valid under muslim law. 

It is also important to understand the concept of Khyar-ul-Bulugh in this context. Khyar-ul-Bulugh stands for the option of puberty where a minor who has been given in marriage by his or her guardian during minority is given the right to ratify or repudiate the marriage on attaining majority, provided the marriage has not been consummated. The option of puberty must be exercised immediately upon attaining puberty and any unreasonable delay may result in the expiration of the right. The wife can exercise the option of puberty on attaining 15 years of age, but before 18 years to ratify or repudiate the marriage.

However, the rigid application of this rule has been relaxed by the Courts wherein they have opined that if the minor wife is unaware of her right of repudiation, she is allowed to exercise it when it comes to her knowledge. She can ratify the marriage by making an express declaration or impliedly by entering into cohabitation with her husband or she can choose to repudiate the marriage by exercising this option. Repudiation of marriage by exercising this right is also a ground for divorce for a Muslim woman under Section 2 (vii) of the Dissolution of Muslim Marriage Act, 1939.

Similarly, the husband can ratify the marriage under the option of puberty by making an express declaration or payment of dower or by entering into cohabitation. However, the husband cannot exercise this right to repudiate the marriage if he has been given in marriage by his father or grandfather, but if it is proved that the father or grandfather has acted fraudulently or negligently at the time of contracting the marriage, then the minor is allowed to repudiate the marriage on attaining puberty. As to the question of whether a formal decree of the court is necessary after the marriage has been repudiated by the exercise of this right, there is a conflict of opinion among different courts. The Madhya Pradesh High Court in a case opined that the exercise of the option of puberty must be confirmed by a decree of court. But in Khatija Qubra vs. Iqbal Mohd(2009)., it was held that where the factum of repudiation has been proved, a separate decree is not mandatory. According to Radd-ul-Mukhtar, confirmation by Kazi is not required but the Hedeya stipulates confirmation by Kazi.

Parties must be sane at the time of marriage. A marriage contracted when the parties are not of sound mind will have no legal validity. However, if it is contracted during lucid intervals it will be considered as valid. A party who is not of sound mind can be given in marriage by his or her guardian.

Parties must be Muslim by religion in order to contract a valid marriage. Under Shia law, marriage with a non-Muslim is considered to be void or a Batil marriage. The position is different in the case of Sunni law. The validity of marriages based on differences in religion can be understood through the following table:

The word Kitabia is derived from the word “kitab” meaning book and it denotes a person whose religion has been revealed through a Holy book. The followers of Christianity and Judaism are referred to as Kitabia.  

A Muslim female is prohibited from marrying a non-Muslim or Kitabia and such a marriage shall be void under both Shia and Sunni law. She is also prohibited from practising polyandry(having multiple husbands). A marriage between a Muslim and a non-Muslim can take place only under the Special Marriage Act, 1954.

Consent

Both parties must have consented to the marriage of their own free will. Since Muslim marriage is in the nature of the contract, consent to a valid contract must not be obtained by coercion, fraud, undue influence, misrepresentation, or mistake. It is necessary that consent should be devoid of the abovementioned factors. A marriage in which consent has been obtained by compulsion is void under both Shia and Sunni sects. In case of consent induced by fraud, a marriage is voidable at the option of the party who has been defrauded. In case of a mistake of fact, the marriage is void.

Formalities

Apart from competency and consent of the parties, certain formalities have to be fulfilled to render it a valid marriage:

Offer and Acceptance 

Since Muslim marriage is in the nature of a contract, it can be solemnised when one party makes an offer (Ijab) of marriage and the other party accepts it (Qubool). The offer must be clear and unambiguous.

Same meeting 

The offer and acceptance must be made in the same meeting. If an offer and acceptance are made in separate meetings, it does not constitute a valid marriage. Nikah over the telephone is permitted only if the parties are residing in different countries or cities and will be valid if all the essential conditions are fulfilled.  

Witnesses 

Under Sunni law, the presence of two male persons or one male and two females is required at the time of making the offer and acceptance. Such a person must be an adult, sane, and Muslim by religion. However, the absence of witnesses does not render the marriage invalid but only irregular. Under Shia law, the presence of witnesses is not required at the time of marriage but in case of a marriage being contracted by a guardian on behalf of a minor, two adult witnesses must be present.

Reciprocity 

Acceptance of an offer of marriage must be unconditional, similar to Section 7 of the Indian Contract Act, 1872.

Prohibited degrees

Parties to the marriage must not be within prohibited degrees. Two types of prohibition are recognised under Muslim law:

Absolute prohibition

It refers to a kind of relationship that exists between the parties such that marriage between them cannot be permitted at all. It arises because of consanguinity, affinity or fosterage. A marriage contracted in violation of absolute prohibition is void. The following relationships come under absolute prohibition:

• Qurabat or consanguinity means blood relationship. A man is forbidden to marry the following females: 

1. His mother or grandmother, how high so ever,
2. His daughter or granddaughter, how low so ever,
3. His sister, whether half blood or full blood or uterine blood,
4. His niece or great-niece, how low so ever,
5. His aunt (father’s sister or mother’s sister) or great aunt (how high so ever).

• Musharat or affinity refers to the nearness of a relationship. A man is forbidden from marrying the following female relatives:

1. Ascendants of his wife. For example, his wife’s mother or grandmother.
2. Descendants of his wife. For example, his wife’s daughter or granddaughter.
3. Wife of any ascendant. For example, his father’s wife or paternal grandfather’s wife.
4. Wife of any descendant. For example, the wife of one’s own son or son’s son, or daughter’s son.

Similarly, a woman  is forbidden from marrying the following male relatives:

1. Ascendants of her husband. For example, her husband’s father or grandfather.
2. Descendants of her husband. For example, her husband’s son or grandson. 

• Fosterage or Riza is the third prohibition. A child under the age of 2 years who has been suckled by a woman other than his mother becomes the foster mother. Thus a man is prohibited from marrying such persons with whom he shares a foster relationship. He cannot marry his foster mother or grandmother (how high so ever) and his foster sister (daughter of foster mother).

Limited/relative prohibition

It refers to a prohibition that is relative in nature and once the impediment is removed the marriage becomes a valid one. A marriage in violation of a relative prohibition is irregular under Sunni law and void under Shia law. The following prohibitions are considered to be relative:

• Unlawful conjunction–  A man is not allowed to marry two females who are related to each other because of consanguinity, affinity or fosterage. Thus a Muslim man marrying two sisters results in an unlawful conjunction and such a marriage will be irregular under Sunni law. He is allowed to marry his wife’s sister only after her death or divorce. 
• Marriage with a fifth wife– Under Muslim law, a man is permitted to take 4 wives. Marriage with a fifth wife while the other four are still subsisting renders it irregular; however, the fifth marriage becomes valid after the death or divorce with any of the four wives.
• Absence of proper witness– Muslim marriage requires the presence of proper witnesses at the time of its solemnization under Sunni law. The absence of witnesses only renders it irregular and not void. Under Shia law, the presence of a witness is not required.
• Marriage during Iddat– Marriage with a female undergoing Iddat is irregular. Iddat is a period during which a woman remains in seclusion if her marriage has been dissolved by the death of the husband or by divorce. During such a period, she is not allowed to marry another person for the purpose of determining whether she is pregnant or not by the previous marriage and to avoid the confusion of paternity. The duration of iddat where marriage has been dissolved by divorce shall be:

1. If not consummated, Iddat is not to be observed.
2. If consummated and the woman is subjected to menstruation, 3     monthly courses.
3. If the woman is not subjected to menstruation, then the Iddat period is 3 lunar months.
4. If the woman is pregnant at the time of divorce, Iddat is to be observed till delivery or termination of pregnancy.

The duration of Iddat where marriage has been dissolved by the death of the  husband shall be: 

1. 4 months and 10 days, irrespective of the fact of consummation.
2. If the widow is pregnant at the time of death of the husband, then Iddat is to be observed till delivery or termination of pregnancy. If the delivery or termination takes place before the 4 months and 10 days, the remaining period has to be observed.

The Iddat period commences from the date of divorce or death of the husband or the date on which the woman gets the knowledge of the death of the husband or divorce. In the case where the husband has divorced his wife and dies before the completion of Iddat, the wife has to undergo iddat for a fresh period of 4 months and 10 days from the date of the husband’s death. 

• Marriage with a non-Muslim– Under Sunni law, marriage with a non-Muslim is considered to be irregular. 
• Marriage during pilgrimage– A Muslim undergoing pilgrimage or Hajj is forbidden from entering into a marriage.
• Polyandry– Muslim women are not allowed to take multiple husbands and are to strictly practise monogamy. 
• Rule of equality– The doctrine of equality stipulates that the parties to marriage must be equal, in terms of rank and social standing. According to the Hanafis, a Muslim male must be of good character, possess sufficient means, and hail from a good family. Among the Malikis and Shias, being a Muslim and having the means to sustain a family are the only requisites for marriage. The doctrine of equality holds little relevance in modern times as strict adherence is hardly possible. In cases where an adult marries into a family that is lower in rank, the court does not have the power to declare such marriage ad invalid. However in cases, where the woman has entered into a runaway marriage with a person of low rank, against the wishes of the family, both Ameer Ali and Fyzee concur that the court can annul such a marriage on application made by the wali (guardian) of the female.

Fixation of Mehr

Dower or Mehr is also an important part of a Muslim marriage. Mehr is a sum of money or other property to be paid or delivered by the husband to the wife by operation of law or as agreed upon by the parties to the marriage. Even in cases where the Mehr has not been fixed, the wife is entitled to her right to dower. Thus Mehr is regarded as a mark of respect for the wife by the husband and also acts as a deterrent for the husband from arbitrarily exercising his right of divorce. The purpose of Mehr is also to provide a means of sustenance to the wife after her divorce.

The amount of Mehr must be fixed at the time of marriage by the parties themselves if they have reached the age of puberty and are of sound mind. In the case of the marriage of a minor or lunatic being contracted by the guardian, the amount of mehr is fixed by the guardian and will be binding on the minor. The subject matter of dower can be anything of value and which is not regarded as Haram in Islam. It can be a handful of dates or if the husband is a slave, his services to his wife or instructions of the Quran, or any immovable property, land, house, etc. In most cases, a Mahr deed is executed which contains the details of the amount and means of payment in written form. 

Registration of Muslim marriage

Although registration of a Muslim marriage is not a mandatory requirement, the same can be done under the Muslim Marriages Registration Act,1981  governed by the Shariat Act, 1937. Registration of Muslim marriage involves the issuance of Nikahnama which constitutes valid proof of the marriage. It is issued by the Kazi who solemnises the marriage after obtaining the consent of both parties. Section 3 of the aforesaid Act stipulates that a Muslim marriage must be registered within 30 days of the conclusion of the nikah ceremony. 

The Act also enjoins upon the bride, bridegroom, and the Kazi who performed the nikah, a duty to have the marriage registered and that a copy of the Nikah-nama, where it is written and in other cases a memorandum filled in by the Kazi should be delivered by registered post to the Sub-Registrar of the Sub-District in which the marriage took place. The Nikah nama or the memorandum should also specify the amount of dower, whether prompt or deferred, and the manner in which payment is to be made. The Schedule appended to the Muslim Marriages Registration Act, 1981 states the details to be mentioned in the Nikah Nama or memorandum. They are: 

The place of marriage

(i) Full name of the bridegroom

(ii) His age

(iii) His place of residence

(iv) Address

(v) Full name of the bridegroom’s father

(vi) Whether the father is alive or dead

(vii) Civil condition of the bridegroom at the time of marriage, that is whether he is unmarried or widower or divorced or married. If he is married, how many of his wives are still alive also has to be mentioned.

(viii) Signature or thumb impression of the bridegroom or guardian 

2. Full name of the bride

• Her age
• Her place of residence
• Address
• Full name of the bride’s father
• Whether the father is alive or dead
• Civil condition of the bride at the time of marriage
• Signature or thumb impression of the bride or her guardian

3. Full name of the Nikah-Khan (the person who conducted the Nikah ceremony)

• His age 
• Place of residence
• Signature of the Nikah-Khan specifying the date
• Father’s name

5. Amount of dower fixed

• Manner of payment of dower

6. Name of witness with parentage, residence, and address 

Section 7 of the Act states that a Nikah Nama or memorandum will not be invalidated by reason of the failure of delivery of the Nikah Nama or memorandum to the Sub-Registrar or because of the reason that the copy of the Nikah Nama or memorandum delivered turned out to be defective. Section 8 imposes a penalty on any person who wilfully or negligently fails to deliver the copy of the Nikah Nama or memorandum to the Sub-Registrar and on conviction, a Judicial Magistrate may impose a fine which may extend to three hundred rupees.

Types of Muslim marriages

On the basis of validity, marriage has been categorised as valid (Sahih), void (Batil), and irregular (Fasid). The Sunni sect recognizes all three types of marriage however the Shia sect only recognises valid and void marriages. There is no such thing as irregular marriage under Shia law. 

Sahih Nikah (Valid Marriage)

A marriage that has been solemnised by observing all the essential conditions of Muslim marriage and does not suffer from any infirmities is called a Sahih nikah. It is a completely valid marriage in the eyes of the law.

Essentials of a Valid Marriage

• Parties must be Muslim, of sound mind and reached the age of puberty. If the parties are minor, the marriage must be contracted by their guardians on their behalf.
• Parties must have consented to the marriage out of their free will.
• The offer(Ijab) and acceptance(Qubool) must have been made in the same sitting.
• The parties must not be within prohibited degrees of relationship.
• Two male witnesses or one male and two female witnesses must be present at the time of marriage, however, this is not necessary if the parties belong to the Shia sect.
• The amount of dower must be fixed. 

Legal effect of a valid marriage

A valid marriage has the following legal consequences:

• Consummation between husband and wife is legal.
• The children born out of a valid marriage are legitimate and entitled to inherit the property.
• Husband and wife can inherit each other’s property.
• The wife acquires the right of maintenance, dower, and residence.

Batil Nikah (void marriage)

A marriage that has been contracted in violation of essential conditions under Muslim law is a void or Batil marriage. Such a marriage has no legal effect and does not create any rights or obligations between the parties.

Essentials of void marriage

• Parties are not Muslim or of sound mind at the time of marriage.
• Either of the parties has not given his/her consent to the marriage out of their free will.
• The parties are within prohibited degrees of relationship which are absolute in nature like consanguinity or affinity or fosterage.
• The dower has not been fixed.
• The offer and acceptance of marriage has not been made in the same sitting or the acceptance has not been given unequivocably.

Legal effect of void marriage

A void marriage has the following legal consequences:

• Consummation between husband and wife is unlawful.
• Children of a void marriage are illegitimate and cannot inherit the property of their parents.
• The wife is not entitled to receive maintenance under a void marriage.
• The husband and wife are not entitled to inherit each other’s property, however she is entitled to dower if the marriage has been consummated.
• Parties can separate from each other at any time without divorce and can contract another marriage.

Fasid Nikah (irregular marriage)

If the marriage has been contracted in violation of certain relative prohibitions, then it is called irregular or Fasid marriage. Such marriages can become valid if the relative prohibitions cease to exist or are removed. A Fasid marriage is in contrast to void marriages where the prohibitions are permanent and cannot be removed at all. It is only recognised by the Sunni sect.

Essentials of irregular marriage

• Parties must be of sound mind and should have reached the age of puberty.
• Parties must have consented to the marriage out of their free will.
• The offer(Ijab) and acceptance(Qubool) must have been made in the same sitting.
• The amount of dower must be fixed.
• Parties must suffer from some relative impediments like-

1. If the wife is an idolatress or fire worshipper.
2. If the woman is undergoing Iddat.
3. If the husband already has four wives and he marries another woman.
4. If a Muslim man marries two women who are related to each other through consanguinity or affinity or fosterage.
5. If proper witnesses are not present at the time of marriage(applicable only to Sunnis).
6. If a Muslim woman has more than one husband.

Legal effects of irregular marriage

The effects of a Fasid marriage can be different depending upon whether the marriage has been consummated or not. If the marriage has not been consummated:

•  It has the same consequences as that of a void marriage. The spouses can separate without divorce or the intervention of the court. 
• The wife is not entitled to maintenance.
• The wife is not bound to observe iddat.

If the marriage is consummated:

• Children born out of such marriage are legitimate.
• Mutual rights of inheritance between husband and wife are not available, even if marriage is consummated.
• The wife is entitled to a specific or proper dower whichever is less.
• The wife has to observe iddat in case of the death of her husband or divorce.
• The wife is not entitled to maintenance during iddat.

Muta marriage

The word “Muta ” means enjoyment or use and a Muta marriage signifies a marriage that has been contracted temporarily for a specific duration by fixing the amount of dower. This type of marriage is recognised only under the Ithna Asharia school of the Shia sect and is void under Sunni law. The purpose of Muta marriage is to prevent the sin of Zina (adultery) and to give legitimacy to children born out of such marriages.

Essential conditions of Muta marriage

Competency

A male Shia is allowed to contract Muta marriage with a Muslim or Kitabia(Christian and Jew) or a fire worshipper. Muta marriage with a Hindu is void. A female Shia can enter into a Muta marriage with a Muslim only.

Fixed period

The term during which the Muta marriage is to last should be stipulated. The term could be for a week, a month, or a year. If the term is not fixed, then it will be treated as a permanent marriage.

Fixed dower

The amount of dower to be paid is to be fixed at the time of marriage. If the dower is not fixed in a Muta marriage, the contract will be void.

Other formalities

The essential conditions of marriage like consent of the parties, the option of puberty, age, and prohibited degrees must be kept in mind while contracting a Muta marriage. The presence of witnesses is not required.

Incidents of Muta marriage

• Children born out of such marriage are legitimate and have the right to inherit from both their parents. 
• The marriage is dissolved automatically on expiry of the stipulated period or by mutual consent or on the death of either party. Hence, a formal divorce is not required in a Muta marriage. If the wife leaves the husband before the term, he may deduct a portion of the dower.
• The wife is not entitled to maintenance under Muta marriage but she is entitled to claim maintenance under Section 125 of the Criminal Procedure Code, 1973 (replaced by Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023)
• If the Muta marriage is consummated the wife is entitled to full dower but if it is not consummated, she will be entitled to only half dower.
• Muta marriage does not give rise to mutual rights of inheritance between the parties. However, if the agreement contains an express provision regarding mutual or unilateral right of inheritance, then such an agreement will be effective. 
• The wife under a Muta marriage has to observe Iddat:

1. Where there is no consummation, Iddat is not required to be observed.
2. In case of death of the husband, for a period of 4 months and 10 days.
3. In case of pregnancy, Iddat is to be observed till delivery.

Difference between Nikah and Muta marriage

• Muta marriage is a temporary marriage entered into for a fixed period and which comes to an end on the expiry of the term or by death or by mutual consent whereas Nikah is a permanent marriage which can be dissolved by death of the husband or by divorce.
• Muta marriage is recognized by the Shias only and not by the Sunnis whereas Nikah is recognised by both Shia and Sunni sects.
• Muta marriage does not confer any mutual rights of inheritance between the husband and wife whereas, under nikah, both husband and wife are entitled to inherit each other’s property.
• Divorce is not recognised under Muta marriage as it is temporary in nature and comes to an end after the expiry of the fixed term or if the husband decides to end the marriage, he can make a gift of the unexpired term known as a Hiba-i-Muddat, whereas, in Nikah, parties are allowed to put an end to marriage through the procedure of divorce.
• The wife is not entitled to receive maintenance under a Muta marriage whereas, under Nikah, she is entitled to it.

Meaning of Jajmani System

• Jajmani system is considered as the backbone of rural economy and social order. It is a system of traditional occupational obligations. In rural India Jajmani system is very much linked with caste system. It has become a part and parcel of social and economic system.
• Etymologically, the term Jajman has been derived from the Sanskrit word Yajman, which means a person who performs a yajna. Thus if some yajna is to be performed for that the services of some Brahmins are essentially needed. It was gradually that its use was made common to everyone who hired services or to whom the services were given.
• It could be said that the Jajmani system is a system of distribution whereby high caste land owning families are provided services and products of various lower castes such as Khati (Carpenter), Nai (Barber), Kumhars (Potters), Lobars (Blacksmiths), Dhobi (Washer man), Sweeper (Chuhra) etc.
• The servicing castes are called Kamins while the castes served are called Jajmans. For services rendered the servicing castes are paid in cash or in kind (grains, fodder, clothes, animal products like milk, butter etc.) Kamin means who works for some body or services him.
• In villages, durable relations obtain mainly between food-producing families and the families that supply them with goods and services. William H. Wiser’s study of a village in uttar Pradesh reveals that these relations are called Jajmani in Hindi. In Maharashtra, they are known as “Balutdarl”.
• In Jajmani system, at the centre is the family of agriculturists, the zamindars. They receive services from the families of occupational castes. One who receives services is known as Jajman, the patron. The families that provide services are known as Kamin, Kam Karney waley or Kamgars (workers). In other parts of India, terms such as Parjan, Pardhan, Balutedar etc. are also used for the providers of goods and services.
• All these words literally refer to the same people, i.e. those who ‘work’ for others and one may call them clients. The castes, which happen to provide services to the agriculturists, vary from one village to another. Every caste in the village does not happen to be a part of Jajmani system. So Jajmani system can be defined as a patron-client relationship.
• Yogendra Singh describes Jajmani system as a system governed by relationship based on reciprocity in inter-caste relations in villages. Ishwaran has said, that it is a system in which each caste has a role to play in a community life as a whole. This role consists of economic, social and moral functions.

Definition of Jajmani System

The Jajmani system is a peculiarity of Indian villages.

“A person by whom a Brahmin is hired to perform religious services, hence a patron, a client”. —Webster’s Dictionary

“The service relations which are governed by a hereditary tenure are called Jajman-Praja relations”. —N.S. Reddy

Kamins are also known as Praja.

“Under this system each caste group within a village is expected to give certain standardised services to the families of other castes. Each one works for certain family or group of families with whom he is hereditary linked.” —Oscar Lewis

Harold Gould has described the Jajmani system as inter-familial inter-caste relationship pertaining to the patterning of super- ordinate-subordinate relations between patrons and suppliers of services. The patrons are the families of clean castes while the suppers of services are the families of lower and unclean caste.

The first detailed study of Jajmani tradition in India was made by William H. Wiser. Both Kamin and Jajman are Integral part of the jajmani system and thus complementary to each other. The Jajmani system is called “Aya” in Mysore of South India, according to Ishwaran (1966).

Henty Orenstein has held that the families of village officials or village servants (for example the watchman) maintain jajmani relations with the whole village rather than with particular families.

Edmund R. Leach (1960) said, “Jajmani system maintains and regulates the division of labour and economic interdependence of caste.” William H. Wiser (1967) said, “Jajmani system serves to maintain the Indian village as a self-sufficient community.” Harold Gould (1987) said, “Jajmani system distributes agricultural produce In exchange for menial and craft services.”

A number of studies have been conducted on jajmani system in India. The important studies code N.S. Reddy’s study on North India in 1955, W.H. Wiser’s study in 1936, Prof. S.C. Dubey’s study in Hyderabad; D.N. Majumdar’s study (1958) in Lucknow of U.P., Katheline Cough’s (1955) study in Tanjore, Darling’s study (1934) In Punjab etc.

Although the Jajmani relationship seems to be between castes, in reality, it is between particular families belonging to particular castes. It is the relationship between families that continue to exist over time.

Advantages of Jajmani System

Security of Occupation

Security of occupation is guaranteed in case of jajmani system. Since this system is hereditary, the kamin is assured of his occupation. He knows that if he breaks his family occupation he shall not be able to earn his livelihood.

Economic Security

It provides economic security to kamins as the jajman looks after all of their needs. The kamins are assured of their economic security. In every monetary crisis the jajman helps the kamins. They extend all possible help to the kamins. So there is economic security in the jajmani system.

Close and Intimate Relationship

There is close and intimate relationship between the jajman and kamin. This relationship is not purely economical but it is sentimental and internal. A spirit of fellow feeling and brotherhood develops under this system. Both jajman and kamin know full well each other’s limitations as well as plus points.

So, they try to adjust each other. Jajmani system is hereditary and permanent, that is why both jajman and kamin sympathies for each other. This system creates an atmosphere conducive to peaceful living and co-operation.

Peaceful Living

The cut-throat-competition for work or employment is almost absent in jajmani system. No jajman goes without service nor any kamin goes without food. So this system creates an atmosphere of peaceful living by creating the spirit of fellow-feeling and co-operation.

Disadvantages of Jajmani System

Source of Exploitation

Jajmani system is exploitative. The agricultural castes, which are invariably upper castes, seek the services of the occupational castes, which Eire generally lower castes. The exploitation of lower castes continues under the garb of paternal ties.

Like the caste system, this system has become a source of suppression, exploitation and discrimination. Oscar Lewis has pointed out in his study of Jajmani system in Rampur village, whereas in the past it was based on personal relationship, it has now become an instrument of exploitation of kamins by jajmans.

Feeling of Superiority and Inferiority

In this system, the kamins are considered low whereas the jajmems are placed high. This has resulted in social inequality and feeling of superiority and inferiority in the minds of both Jajman and kamin. Because this system is based on heredity, the kamin cannot take other Job or occupation and the advantage of latest scientific developments to improve his economic condition.

This system has resulted in lowering the economic standard of the kamins. They are treated as inferior. They are sometimes exploited and abused by the JaJmans. They become helpless before the money power of their Jajmans. This is a system which is based on the sense of high and low.

Impediment to Occupational and Social Mobility

Jajmani system has stood on the way of occupational mobility and resulted in lowering economic standard of the kamins. This system is hereditary, so there is no possibility of changing the occupation. In this way the system has checked social mobility. The conditions of the kamins remain miserable because of their economic weaknesses.

Supported by Caste System

Caste system is the basis of jajmani system. So this system suffers from all the evils of caste system. Dr. Majumdar found in his study that the conditions of kamins are miserable and the upper castes subject them to great harassment and trouble.

They are ill-treated by the Jajmans. This system leads to widespread discrimination. There is exploitation and coercion. Dumont has pointed out that this system has to satisfy all those who enter into jajmani relationships.

Effect of Transport and Communication

Due to rapid expansion of transport and communication, the system is in a decline. Because it has made easy for the kamins to seek job or other occupation outside their village. Now the kamins are no longer compelled to do the Job of Jajmans.

Impact of Social Reform Movement

Due to the impact of social reform movements, the suppressed castes get benefits. They try to rise up in the social ladder. Various religious reform movements, like Arya Samaj have produced one of the greatest setback to the Jajmani system.

Kinship is one of the main organizing principles of society. It is one of the basic social institutions found in every society. This institution establishes relationships between individuals and groups. People in all societies are bound together by various kinds of bonds.

The most basic bonds are those based on marriage and reproduction. Kinship refers to these bonds, and all other relationships resulting from them. Thus, the institu­tion of kinship refers to a set of relationships and relatives formed thereof, based on blood relationships (consanguineal), or marriage (affinal).

There are different definitions of kinship. A few definitions are examined here.

‘The social relationships deriving from blood ties (real and supposed) and marriage are collectively referred to as kinship.’

– Abercrombie et al.

‘Kinship is the socially recognized relationships between people in a culture, who are either held to be biologically related or given the status of relatives by marriage, adoption, or other rituals. Kinship is a broad-ranging term for all the relationships that people are born into or create later in life that are considered binding in the eyes of their society. Although customs vary as to which bonds are accorded more weight, their very acknowledgement defines individuals and roles that society expects them to play.’

– Encyclopedia Britannica

‘Kinship is the recognition of relationships between persons based on descent or marriage. If the relationship between one person and another is considered by them to involve descent, the two are consanguine (“blood”) relatives. If the relationship has been established through marriage, it is affinal.’

– L. Stone

‘Kinship is a system of social relationships that is expressed in biological idiom using terms like “mother”, “son”, and so on. It is best visualized as a mass of networks of related- ness, not two of which are identical, that radiate from each individual. Kinship is the basic organizing principle in small-scale societies like those of the Aborigines and pro­vides a model for interpersonal behaviour.’

– R. Tonkinson

‘Kinship encompasses the norms, roles, institutions and cognitive processes refer­ring to all the social relationships that people are born into, or create later in life, and that are expressed through, but not limited to a biological idiom.’

– Laurent Dousset

Types of Kinship

In any society, kin relationships are based either on birth (blood relations), or marriage. These two aspects of human life are the basis for the two main types of kinship in society.

1. Consanguineal Kinship:

It refers to the relationships based on blood, i.e., the relationship between parents and children, and between siblings are the most basic and universal kin relations.

2. Affinal Kinship:

It refers to the relationships formed on the basis of marriage. The most basic relationship that results from marriage is that between husband and wife.

Degree of Kinship

Any relationship between two individuals is based on the degree of closeness or distance of that relationship. This closeness or distance of any relationship depends upon how individuals are related to each other.

Kinship basically has three degrees, which can be explained in the following ways (Figure 3):

Primary Kinship

Primary kinship refers to direct relations. People who are directly related to each other are known as primary kin. There are basically eight primary kins—wife father son, father daugh­ter mother son, wife; father son, father daughter, mother son, mother daughter; brother sister; and younger brother/sister older brother/sister.

Primary kinship is of two kinds:

1. Primary Consanguineal Kinship:

Primary consanguineal kin are those kin, who are directly related to each other by birth. The relationships between parents and children and between siblings form primary kinship. These are the only primary consanguineal kin found in societies all over the world.

2. Primary Affinal Kinship:

Primary affinal kinship refers, to the direct relation­ship formed as a result of marriage. The only direct affinal kinship is the rela­tionship between husband and wife.

Secondary Kinship

Secondary kinship refers to the primary kin’s of primary kin. In other words, those who are directly related to primary kin (primary kin’s primary kin) become one’s secondary kin. There are 33 secondary kin.

Secondary kinship is also of two kinds:

Secondary Consanguineal kinship:

This type of kinship refers to the primary con­sanguineal kin’s primary consanguineal kin. The most basic type of secondary consan­guineal kinship is the relationship between grandparents and grandchildren. In the Figure 3, there is a direct consanguineal relationship between Ego and his parents. For Ego, his parents are his primary consanguineal kin. However, for Ego’s par­ents, their parents are their primary consanguineal kin. Therefore, for Ego, his grandpar­ents are his primary consanguineal kin’s (his parents) primary kin. For him, they become secondary consanguineal kin.

Secondary Affinal Kinship:

Secondary affinal kinship refers to one’s primary affinal kins primary kin. This kinship includes the relationships between an individual and all his/her sisters-in-law, brothers-in-law, and parents-in-law. For an individual, his/her spouse is his/her primary affinal kin, and for the spouse, his/her parents and siblings are his/her primary kin. Therefore, for the individual, the parents of brother/sister-in-law will become his/her secondary affinal kin. Similarly, any sibling’s spouse or sibling’s parents-in-law will become secondary affinal kin for an individual.

Tertiary Kinship

Tertiary kinship refers to the primary kin of primary kin’s primary kin or secondary kin of primary kin primary kin of secondary kin. Roughly 151 tertiary kin have been identi­fied.

Like other two degrees of kinship, tertiary kinship also has two categories:

Tertiary Consanguineal Kinship:

Tertiary consanguineal kinship refers to an individual’s primary consanguineal kin (parents), their primary kin (parents’ parents), and their primary kin (parent’s parent’s parents). Thus, the relationship is between great grand­children and great grandparents, and great grand aunts and uncles, and consequently the relationship between great grand uncles and aunts and great grand nieces and nephews.

In Figure 3, Ego’s primary kin are his parents, their primary kin are his grandparents and his grandparent’s primary kin (who are Ego’s primary kin’s primary kin’s primary kin) are his great grandparents. Thus, tertiary kin are primary kin’s primary kin’s pri­mary kin.

This relationship can be seen in different ways – Ego’s tertiary kin are his pri­mary kin’s (parents) secondary kin (father’s grandparents), thus showing that tertiary kin are primary kin’s secondary kin. Another way of looking at this same relationship is by showing that Ego’s tertiary kin are his secondary consanguineal kin’s (his grandpar­ents) primary kin (grandfather’s parents), which proves that tertiary kin can be second­ary kin’s primary kin.

Tertiary Affinal Kinship

Tertiary affinal kinship refers to primary affinal kin’s pri­mary kin’s primary kin, or secondary affinal kin’s primary kin, or primary affinal kin’s secondary kin. These relationships are many, and some examples will suffice at this stage of tertiary affinal kin can be spouse’s grandparents, or grand uncles and aunts, or they can be brother or sister-in-law’s spouses or their children. Let us try and understand these relationships with the help of an illustration.

Descent:

Descent refers to the existence of socially recognized biological relationship between individuals in society. In general, every society recognizes the fact that all offspring or children descend from parents and that a biological relationship exists between parents and children. It refers to a person’s offspring or his parentage. Thus, descent is also used to trace one’s ancestry.

Lineage:

Lineage refers to the line through which descent is traced. This is done through the father’s line or the mother’s line or sometimes through both sides. Both descent and line­age go together as one cannot trace descent without lineage.

Importance of Kinship in Rural Society

It is important to study kinship, as it helps in sociological and anthropological theory building. Pierre Bourdieu, Levi Strauss and Evans Pritchard are some of the theorists, who have constructed various theories on the basis of kinship relations. However, except a few, no substantial work has been done on villages.

Kinship relations have been studied by the Indian sociologists or anthropologists. Most of them have concentrated on village, caste, family and other social institutions in rural areas. Few sociologists and anthropologists, such as, Irawati Karve, Rivers, and T. N. Madan have made certain notable contributions to the institution of kinship.

The importance of kinship in tribal/rural societies can be understood from the following discussion:

a. Kinship and its Relation to Rural Family, Property and Land:

The prime property of any rural family is land. So, land is related to all the kin members of the family. The sons, grandsons and other kins, who are related by blood and marriage, have their economic interests in land. Now-a-days, women are becoming aware that they are also entitled to get an equal share from the an­cestral property.

The emancipation movement of women demands that wom­en should not be deprived of the inheritance rights and should get all equal share of the property. In most of the village studies, property and kinship are discussed in relation to each other.

The family members also gain status by the ownership of land. Even politi­cal status is determined by kinship relations in some cases. In the case of kin relations, related by blood and marriage, many economic and political con­cessions are given to the members of the kin. However, it does not mean that kinship relations are important only in rural society as they are also there in urban society too. As the urban community is widespread, there is hardly any chance for kin members to participate and meet in the social gatherings of the family.

b. Kinship and Marriage:

In every society, marriage has certain rules, such as endogamy, exogamy, incest taboos and other restrictions. These rules are ap­plicable to all the kins of the family. Usually, the rural people are more serious and strict in observing the rules related to marriage. Exogamy is commonly followed in most of the villages of India. The members of the villages do not prefer to marry within their own village. However, this rule can vary on the basis of the severity of rules of marriage.

Irawati Karve and A. C. Mayer in their studies on kinship have reported on the village exogamy. Mayer, in his study of Kinship in Central India, informs that village exogamy is violated in some of the cases, but it brings disrepute to the parties involved. It must be observed here that the study conducted by Mayer is an important document on village ethnography. Mayer further informs that inter-caste marriages, in all cases, are looked down by the village people. (Doshi S. L., and Lain P. C., Rural Sociology, p. 192)

c. Kinship and Rituals:

The role and importance of the kin members lies in the degree of close relationships among them. Their importance can be seen dur­ing the occasions, such as cradle ceremony, marriage and death. During a naming ceremony, it is the father’s sister, who has to give a name to the new­born. There are certain rites and rituals, which have to be performed by moth­er’s brother during the marriages of daughters.

The daughter’s parents make the payment in cash or kind to the son-in-law’s sister, who occupies an impor­tant place during a Hindu wedding, especially in South India. It is obligatory on part of the close kin relatives to offer gifts to the newly wed couples and in the same manner, these close relatives are equally rewarded from both sides (parents of the couple). During the occasions of death also, it is obligatory for the kinsmen to observe mourning for about 11 to 14 days (this period varies from region to region).

Changes in the Kinship Relations in Rural Society

Many changes are taking place in all the institutions of the rural society, includ­ing kinship relations. These changes can be noted as demand for ownership titles by women, rules of marriage are being challenged and the traditional rules regard­ing divorce are also getting weakened.

Though some of the aspects of kinship are losing their importance, few others are gaining prominence. Kinship is playing an important role in the field of politics, especially in rural elections to Panchayati Raj Institutions. Favoritisms, while distributing jobs, is being observed among the kins­men. Due to the emergence of such new forces, kinship may acquire new structure and form.

Marriage among the Hindus is considered divine in nature. It is a religious bond and not a contractual union. A sacramental union implies that it is a permanent bond which does not end in this world or after the death of either partner but it continues even after death, in the next life.

It is believed that a Hindu is born on this earth with certain specified missions in life which may be expressed through the ‘purusarthas’ comprising Dharma, Artha, Kama and Moksha. In order to fulfill these missions, in life, every Hindu has to go through different stages or the resting places of life, known as ‘Ashramas.’ The Ashramas are four in number, such as Brahmacharyashrama, Grihasthasharama, Vanaprasthashrama and Sanyasasharama.

The Hindu law-givers have made provision for the attainment of salvation by leading a Grihastha life too. The married householder is considered as the property of the society and he alone can completely discharge all the enjoined duties. It has also been ordained by the shastras that the ‘dvija’ is incompetent to perform all the duties in the absence of a wife. One must get married in order to become a full man or full woman.

The human society cannot continue without procreation. Procreation is possible through the gratification of sexual desire or ‘Kama’. Moreover, among the Hindus the birth of a son is considered essential as it would enable the householder to attain ‘moksha’. Hence marriage becomes obligatory among the Hindus. It is a sacred union between a man and a woman with the sole purpose of begetting a male child.

As regards the examination of the Hindu marriage in the light of its sacramental character, we must begin with the concept of sacrament. Sacrament is a symbolic religious ceremony to which are often added confirmation, penance, ordination ad matrimony. Considering from this point of view, the Hindu concept of marriage as a sacramental union implies three propositions. First, marriage among the Hindus is considered divine in nature. It is a religious bond and not a contractual union. Secondly, a sacramental union implies that it is a permanent bond which does not end in this world or after the death of either partner but it continues even after death, in the next life.

Thirdly, the essential corollary of the sacramental nature of the Hindu marriage is its indissolubility. Once the ceremony of a Hindu marriage is over, nobody on this earth has the power to dissolve the union. The belief in the indissolubility of the Hindu marriage springs out of the recognition of the spiritual ideals of marriage.

The permanent character and indissolubility of the Hindu marriage has been emphasized by the Apastama Dharma sutra and Manu. Apastamadharmasutra also holds that no kind of separation between the husband and the wife is possible. They have to perform the religious duties jointly.

The Grihasthashrama commences after marriage and is required for the fulfilment of ‘panchamahajajnas’ or five great sacrifices as the recitation of Vedas at home, burning oblations for gods, offering Sraddhha Tarpana, receiving and entertaining guests, and giving food to the Bhutas. The Grihasthashrama, which arises out of marriage has been held high. The ‘Mahabharata’ is quite emphatic in this connection. In the ‘Santiparva’, Yudhistira was persuaded by Dvaipayana Vyasa, Lord Indra also held that the life of a householder is only superior and sacred and gives scope for the fulfillment of life’s mission.

According to Dvaipayana Vyasa, “the highest dharma as sanctioned by the sastras, consists in a training through the duties and living the full life of a householder.”

The rites of the Hindu marriage also reflect its sacramental character. “There are certain rites which must be performed for marriage to be complete. The main rites are homa, offering of the hand of the bride and saptapadi, the bride and bridegroom going seven steps together”. All these rites are performed by a Brahmin in the presence of the sacred fire and are accompanied by the Vedic ‘Mantras’ The Hindus lay so much emphasis on these rites that when any of these rites are not properly performed, the marriage may be legally questioned.

Legally speaking, the Hindu marriage becomes complete and binding only when the seventh step (in Saptapadi) is taken and till then it is imperfect and revocable. Therefore, where saptapadi ceremony is interrupted before the seventh step is taken, the marriage remains incomplete.

The Hindu marriage is also considered a sacrament in another sense. “A Hindu male goes through the performance of several sacraments during the course of his life. These begin with the laying of foetus and end with the cremation of his body.” In between the laying of foetus (Garbhadhana) and cremation (Antyesthi) lie several sanskaras (sacraments) and marriage happens to be the most significant and essential among them. “Similarly, marriage is said to be essential for women because that is the only sacrament performed by them.”

The concept of marriage as a mere civil institution or social contract is entirely foreign to the Hindu mind. Manu holds that a man without marriage cannot fully develop his her personality and must be regarded incomplete and imperfect. To be mothers are women created and to be fathers are men. Manu says that an unmarried person will never get peace after his death. The Mahabharata makes us believe that if an unmarried girl wants to go to heaven she cannot do so because she has not seen married life.

The sacramental nature of the Hindu marriage implies that “as marriage is said to be sacred it is irrevocable, the parties to the marriage cannot dissolve it at will. They are bound to each other until the death of either of them; and the wife is supposed to be bound to her husband even after death.” After the solemnization of marriage, the couple is regarded to be one personality and because of that reason the ‘gotra’ of the wife is merged into the status and personality of the husband. In the past the union was considered so sacred that the dissolution of marriage caused by reasons other than death was considered contrary to the law of God and nature.

The Hindu marriage is also viewed not as “an ordinary affair wherein the weakness of flesh plays a dominant part.” On the contrary, the basis of the marriage is the fulfillment of duties at the cost of personal gratification and pleasures. From the above discussion the following points may be deduced in favour of the sacramental character of Hindu marriage.

First; the Hindu marriage is desired for the fulfilment of Dharma of a householder and not primarily for sex. Secondly, the Hindu marriage implies that the martial bond is permanent in nature. Thirdly, the dissolution of marriage is not allowed and divorce is out of question. Fourthly, the completion of the Hindu marriage requires the performance of certain religious rites like ‘Homa’, ‘Panigrahana,’ ‘Saptapadi’ etc. and the burning of sacred fire and the chanting of mantras by a Brahmin priest.

Fifthly, marriage is desired for begetting a son or ‘putra’ who will come to the rescue of the father from falling into the ditch of hell (Put Narka). Sixthly, marriage is one among several sacraments (Sanskaras). It is the most essential sanskara. Seventhly, marriage is essential for entering into the Grahastashrama wherein several ‘rinas’ are to be repaid and several ‘Jajnas’ are to be performed.

Eighty, the unmarried persons are considered incomplete and imperfect and marriage makes their life complete. Ninthly, extra-marital or pre-marital sexual relationship is condemned and the wife regards the husband as a god during his life time and she is declared to be his better half or ‘Ardhangini’, sharing equally the fruits of pure or impure acts. Tenthly, the Hindu Marriage does not allow a widow to enter into wedlock.

India is a country that is home to a large number of tribes. These tribes are spread across the country and are a diverse lot, with each tribe having its own unique culture and language. Over the years,  tribal issues in India have increased and a lot of tribes have given up their traditional ways of life and adapted to the ways of the modern world. This has led to a lot of tribes in India facing immense problems, ranging from poverty to unemployment. Today, many tribes are finding themselves especially vulnerable to the impacts of climate change. This has had a devastating impact on the way they live and has raised a number of complex questions about how the country should respond.

What are tribes in India?

Tribes are groups of people that share ancestry and cultural traditions. They usually live in small communities, which often cooperate to protect their land and resources from outsiders. Each tribe has its own customs and traditions, and members are usually fiercely loyal to their family, friends, and community. They speak the same language, often have similar cultures, and are often very religious.

Problems faced by tribes in India

The indigenous tribes of India are some of the most marginalised groups in the country. There are multiple problems faced by tribes, as they have suffered centuries of exploitation and discrimination, with many still living in poverty. The government has made efforts to improve their condition, but there is still a long way to go. This article will examine some of the greatest challenges the tribes face, and discuss the measures being taken to improve their lives.

Resource Exploitation

The forests of central India, particularly in the states of Madhya Pradesh and Chhattisgarh, have long been a source of traditional livelihoods for the indigenous Adivasi communities who live there. But over the past few decades, the forests have also become a source of conflict and resource exploitation. For example, in central India’s Tongu forest region, a 500-acre concession awarded to a private company in the 1980s has expanded to over 14,000 acres today. The company has clear-cut the forests, drained the wetlands, and grazed the area’s wildlife to grow timber for export.

Gaps in rehabilitation 

The rehabilitation of the tribal community, which was heavily affected by the droughts or some development projects, has been a long, difficult process. The community’s main sources of livelihood, farming and animal husbandry, were severely hit by the drought. The development projects have forced the tribal people to look for other means of income generation, which has resulted in a shortage of labour in the agricultural sector. This has further added to the woes of the already marginalised tribal community.

Cultural Defacement 

There is a great challenge in front of tribal communities, as they are being forced to mix up with modern society, which is leading them to lose their own culture and their habitat. “Tribals” are considered the lowest class in most regions of India due to which they have faced cultural defacement, which is a huge problem of tribes in India. 

Unemployment

There are numerous activities going on in the central region of the country regarding industrial and mining activities. Despite the intense industrial activity that is taking place in the central region of the Indian tribal belt, a significant number of tribal people in these areas are not employed in modern enterprises. They are made to suffer on the ever expanding low wage, unconfident, temporary and impoverished labour market.According to the India Human Development Report 2003, the poverty rate among the tribes of central India has dropped significantly. Although these people still suffer from high levels of poverty, the extent of the problem has been reduced. The provisions of the Apprenticeship Act do not stipulate for private or joint sector enterprises to recruit certain percentages of unemployed indigenous workforce

Conclusion

India is a country that is home to a large number of tribes. These tribes are spread across the country and are a diverse lot, with each tribe having its own unique culture and language. The indigenous tribes of India are some of the most marginalised groups in the country. They have suffered centuries of exploitation and discrimination, with many still living in poverty. There are numerous  Problems of tribes in India like unemployment, cultural defacement, gaps in rehabilitation, resource exploitation etc. The government has made efforts to improve their condition, but there is still a long way to go.

Ashrama Vyavastha is one of the fundamentals of Hindu Social Organization. The old Hindu thinkers have taken man into account as a social being.

The life of an individual is influenced by four factors, namely the place of work where a man lives, the time in which he lives, the effort which he makes and his natural trait. The Ashrama system is based on particular point of view with regard to the problem of life and the problem of conducting life.

The Meaning

The literal meaning of word Ashrama is “a halting or resting place”. Hence, Ashrama signifies halt, a stoppage or we may say a stage of rest in the journey of life to prepare a man for further journey.

The word Ashrama is derived from the Sanskrit root ‘Srama’ which means to exert oneself. Hence, Ashrama stands to mean (i) the place where exertions are performed, (2) the action of performing such exertions is initiated. In the words of P.H. Pradhu, “The word, therefore, signifies a halt, a stoppage on a stage in the journey of life just for the sake of rest in a sense in order to prepare oneself for the further journey. He further says that “The Ashramas then are to be regarded as resting place during one’s journey on the way to final liberation which is the final aim of life.

Vyasa has remarked in the Mahabharata that the four stages of life form a ladder or a flight of four steps. These lead to Brahmana which means that through them a person can reach the region of Brahma.

Ashramas are regarded as different stages in the life of an individual which train him for some period and the individual exerts himself in the same order to qualify himself for the next stage of life.

According to the scheme, life is divided into four stages- Brahmacharya, Grihastha, Vanaprastha and Sanyasa. Every stage has its own duties and functions. The theory of Purusharthas is given concrete expression in the Hindu scheme of Ashramas. Each Ashrama has its own duties and functions which provides healthy restraints on the instinctive and impulsive life of man. By passing through these Ashramas and by performing the prescribed duties, a man can prepare himself for Moksha.

The Four Ashramas

In common practice, we find the following four Ashramas.

Brahamacharya Ashrama

The first stage of life is called Brahmacharya Ashrama. A boy enters this Ashrama through the performance of Upanayana ceremony. Through this initiation rite, a person is said to be reborn (Dwija). The age of initiation into the first stage of life differs from Varna to Varna. The initiation ceremony takes place for a Brahmin at the age of 8, for Kshatriya at the age of 10 years and a Vaishya at the age of 12 years.

The Sudra child is not allowed to go through the first stage, as he was traditionally not allowed to have education. The initiation ceremony can be postponed upto 12 years for a Brahmin, up to 14 years for Kshatriya and upto 16 years for a Vaishya.

After the initiation rites are over, the education begins at the residence of a teacher (Gurukula). The student is required to learn the Vedas which contain the cultural traditions of the Aryans. His speech and thought must be pure and guarded by the studies of the Vedas. The life of the student is regulated in such a manner that there is a balanced development of personality. Strict discipline is required of a student and he has to lead a hard life. He is required to restrain his senses. The control over the senses also means control over sex desires. The student is also observance of complete celibacy. In this manner the life of brahmachari is a life of discipline.:

The place of this Ashrama is the residence of Guru. This Ashram is completed by the time a man attains the age of 25 years. The duties of studentship include the life of austerity, service to the teacher, reverence and respect.

Grihastha Ashrama

With the completion of the life of studentship, the next stage of life begins which is called Grihastha Ashrama or the life of a householder. This stage starts with his marriage ceremony. Marriage is more a social obligation as its main purpose is the performance of Dharma and the perpetuation of family as well as the continuation of the group through progeny.

According to the Ashrama system, the Dharma of a householder consists of performing the five Maha Jajnas or the five great sacrifices.

These Maha Jajnas are offered to Brahma and is called Brahma Jajna. Pitri Jajna, Deva Jajna, Bhuta Jajna and Nara Jajna. Brahma Jajna is conducted by the recitation of the Vedic Mantras. Pitri Jajna is done by offering Tarpan, that is to say, offering of water and food. This is commonly known as Sradha. Deva Jajna is done by offering burning obligations to the Gods. Bhutas are satisfied by sacrifice. Nara Jajna is performed by receiving and entering guests at home. Of these five Jajnas, the first three refers to Deva Rina, Rishi Rina and Pitri Rina.

Apart from this, a householder is also supposed to offer food to animals, saints and anybody who happened to pass through, by chance. People belonging to the other three Ashramas depend upon the Grihastha and it is the duty of householder to satisfy birds, animals and insects and persons belonging to all the social rungs. The Pancha Maha Jajnas include a wider field of social duties including men and bhutas.

This Ashram is mainly meant for the satisfaction of man’s material and emotional urges, i. e., ‘Artha’ and ‘Kama’. The Hindu as a householder is expected to fulfill his acquisitive and instinctive urges within the frame-work of Dharma. The age at which a person enters into this Ashrama is about 25 years.

Vanaprashta Ashrama

It is the third Ashrama of life and an individual is expected to enter this stage at the age of 50. In the Vanasprastha Ashrama a person has to leave his family and the village too. He is expected to hand over all the household responsibilities to his grown up children and he must go to the forest.

The person must live in the forest to bring under control his senses of enjoyment (Niyatendriyah). He has to eat only fruits and vegetables and he should not touch meat. His clothes must be of deer skin or the bark of tree. He is must practise ‘Tapas’ (penance) to purify his body and soul. In this manner a Vanaprasthi must devote himself to study and meditation.

A Vanaprasthi must lead a life of self-control and friendliness and charity to others. If a person dies during Vanaprastha Ashrama he will attain Moksha.

Although a Vanaprasthi used to live in the forest and his wife was allowed to live with him, it was for the sake of humanity that they lived together. The presence of the wife is permitted to facilitate the performance of social duties. The affiliations and associations of the householder come to an end.

Sanyasa Ashrams

It is the last Ashrams of life after passing through the Vanaprastha Ashram the person enters the last Ashrams, i.e. Sanyasa Ashrams at the age of 75 years. In this Ashrams a person breaks off all attachment with the world. In this stage a person is expected to devote his entire time towards meditation to recognize subtle nature of the supreme soul and its presence in all organisms, both the highest and lowest.

Indifferent to everything meditation and concentrating his mind on Brahmana. Delighting in what refers to the soul, with himself as his only companion he shall live, waiting for his appointed time to come, desiring the bliss of final liberation.

In this manner, the aim of the Ashrams system is to perform the Ashrams Dharma. The Ashrams Dharma is not only social in its implications but it emphasizes renunciation of the world in the Vanaprastha and” Sanyasa Ashrams. Ashrams system is a way of training through which the individual is to attain his end. i.e. Moksha.

Conclusion

The life of human beings is linked up with Ashrams. India is the harbour of spiritual activities. It is the root of Indian culture and history. The Ashram has a great role in developing a person mentally and physically. But nowadays the agenda of Ashrams have tangled with the lifestyle of the young generations. There is no essence of Vedic knowledge remaining in society. People forget to do their duties and responsibilities towards the society as well as the nation. A man enjoys the Grihastha stage from marriage to the end of his life which results in conflicts and troubles in their family. A person without the knowledge of life stages, cannot survive in society or cannot be happy inside. So, there is a requirement of spreading the knowledge of Ashrams rapidly among the current generations.

Casteism is a deep-rooted social issue in India, characterized by discrimination, inequality, and social exclusion based on the hierarchical caste system. This system, dating back thousands of years, divides individuals into social groups based on birth, dictating their social status, occupation, and access to resources. Despite constitutional safeguards, casteism persists, affecting social mobility, access to education, employment, and social justice for millions, particularly those from lower castes and Scheduled Castes (SCs). Eradicating casteism requires a multifaceted approach, involving government policies, social reforms, education, economic empowerment, and public awareness to foster an inclusive society.

Constitutional and Legal Measures

India’s Constitution provides a strong foundation for addressing casteism. Dr. B.R. Ambedkar, a key architect of the Indian Constitution and a strong advocate for Dalit rights, included several provisions to promote equality, social justice, and protection for marginalized communities. The Constitution prohibits discrimination on the basis of caste, but casteism continues to persist due to entrenched social norms.

1. Articles 14, 15, and 17:

   • Article 14 guarantees the right to equality before the law.
   • Article 15 prohibits discrimination on the basis of caste, religion, race, sex, or place of birth.
   • Article 17 specifically abolishes “untouchability” and forbids any form of discrimination against former “untouchable” communities. This article seeks to dismantle caste-based prejudices that have historically marginalized SC communities.

2. Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989:

   • This act was established to prevent atrocities and discrimination against Scheduled Castes (SCs) and Scheduled Tribes (STs). It criminalizes acts such as physical violence, verbal abuse, social exclusion, and economic deprivation specifically targeting lower castes.
   • Through stringent punishments, this legislation aims to deter caste-based violence and improve the socio-economic conditions of oppressed communities.

3. Reservation Policies:

   • The reservation system in India provides affirmative action for SCs, STs, and Other Backward Classes (OBCs) in government jobs, educational institutions, and political representation. The system was designed to address historical injustices by ensuring equal opportunities for marginalized groups.
   • Article 16 of the Constitution provides for equal opportunity in public employment, while Article 330 and Article 332 reserve seats for SCs and STs in the Lok Sabha and State Assemblies respectively.

Educational Initiatives to Combat Casteism

Education is one of the most powerful tools for social change and can help break the cycle of caste-based discrimination. Improving access to education, especially for marginalized communities, is crucial for dismantling caste barriers.

1. Free and Compulsory Education:

   • The Right to Education (RTE) Act, 2009 mandates free and compulsory education for all children aged 6-14, providing access to quality education regardless of caste. This act aims to reduce dropout rates among children from lower castes and promote their socio-economic upliftment.
   • Schools are required to admit students from all castes, ensuring that children from disadvantaged communities learn in an inclusive environment from a young age.

2. Scholarships and Financial Aid:

   • Scholarships, fee waivers, and financial aid programs are crucial in encouraging students from marginalized backgrounds to pursue education. The government provides scholarships for SCs, STs, and OBCs at primary, secondary, and higher education levels.
   • Pre-matric and post-matric scholarships are particularly beneficial, as they help reduce financial barriers, enabling students from low-income families to continue their education.

3. Promoting Inclusive Curriculum:

   • Educational institutions should focus on curriculum reform that promotes the values of equality, tolerance, and social justice. Lessons that highlight the contributions of lower-caste leaders, thinkers, and reformers—such as Dr. B.R. Ambedkar, Jyotirao Phule, and Periyar E.V. Ramasamy—can foster respect for diversity and reduce caste-based biases.

4. Mid-Day Meal Scheme:

   • The Mid-Day Meal Scheme provides free lunches in government and aided schools, encouraging attendance and reducing caste-based exclusion in education. The scheme also fosters social integration by allowing children from various backgrounds to interact and share meals, breaking down social barriers.

Economic Empowerment as a Means to Eradicate Casteism

Economic empowerment is crucial for uplifting marginalized communities and reducing caste-based inequalities. By improving access to resources, employment, and economic opportunities, individuals from lower castes can achieve social mobility, independence, and dignity.

1. Reservation in Employment:

   • The reservation system in public employment provides opportunities for SCs, STs, and OBCs in government jobs. By enabling access to stable employment, the system aims to uplift disadvantaged communities and reduce caste-based economic inequalities.
   • Corporate social responsibility (CSR) initiatives can also contribute by offering employment and training programs for marginalized groups.

2. Entrepreneurship and Skill Development:

   • Government programs, such as Stand-Up India and Skill India, offer training, mentorship, and funding for SC and ST entrepreneurs. Promoting entrepreneurship helps reduce dependence on traditional caste-based occupations and allows individuals to achieve financial independence.
   • Skill development programs for youth in marginalized communities equip them with marketable skills, improving their employability and increasing their chances of upward mobility.

3. Land Reforms and Economic Redistribution:

   • Land reforms aim to provide land to landless Dalits, enabling them to improve their economic standing. Historically, land ownership has been concentrated among upper castes, leaving lower castes economically disadvantaged. Providing land to marginalized communities fosters self-reliance and empowerment.

4. Microfinance and Cooperative Societies:

   • Microfinance institutions and cooperative societies provide financial support to small-scale businesses run by marginalized communities. Access to credit enables individuals from lower castes to start their own businesses and break away from the cycle of poverty and dependence.

Political Representation and Participation

Political representation and participation are essential for ensuring that marginalized communities have a voice in decision-making processes. Political empowerment helps in addressing caste-based issues through policy changes and legislation.

1. Reserved Seats in Legislatures:

   • The reservation of seats for SCs and STs in the Lok Sabha and State Legislative Assemblies allows these communities to participate in governance and influence policymaking. Representation ensures that the interests and concerns of marginalized communities are heard at the highest levels.
   • Panchayati Raj Institutions (village councils) also reserve seats for SCs and STs, empowering local communities and promoting grassroots participation.

2. Empowerment of Women from Marginalized Castes:

   • Programs focused on the political empowerment of Dalit women ensure that marginalized communities are represented from a gender-inclusive perspective. Dalit women face both caste-based and gender-based discrimination, making their political participation crucial for social justice.

3. Training and Capacity Building:

   • Training programs for SC/ST political leaders can build their capacity for effective governance and advocacy. By developing leadership skills, marginalized communities can better represent themselves and advocate for policies that promote equality and social justice.

Social Awareness and Public Campaigns

Eradicating casteism requires changing social attitudes and challenging stereotypes. Social awareness campaigns can promote tolerance, inclusivity, and respect for diversity.

1. Mass Media and Social Campaigns:

   • The media plays a vital role in shaping public opinion and raising awareness about caste issues. Campaigns that promote equality and highlight the negative impacts of caste discrimination can foster a more inclusive society.
   • Social media platforms provide a space for marginalized voices to speak out against discrimination, raise awareness, and mobilize support for social justice.

2. Community-Based Organizations (CBOs):

   • CBOs working at the grassroots level can organize awareness programs, workshops, and dialogues to combat caste biases. Through community engagement, CBOs encourage people to challenge their beliefs and adopt a more inclusive mindset.

3. Role of Religion and Interfaith Organizations:

   • Many reformers, including Mahatma Gandhi and Swami Vivekananda, have emphasized the role of religion in promoting equality. Religious leaders and interfaith organizations can challenge caste-based discrimination by advocating for egalitarian values and fostering unity.

4. Inter-caste Marriages:

   • Promoting inter-caste marriages can be a significant step in eradicating casteism. The Special Marriage Act, 1954 allows individuals to marry outside their caste without adhering to religious customs. Inter-caste marriages promote integration and reduce caste-based boundaries.

Role of Thinkers and Social Reformers

Several thinkers and social reformers have made significant contributions to India’s fight against casteism:

1. Dr. B.R. Ambedkar:

   • A champion of Dalit rights, Ambedkar dedicated his life to eradicating untouchability and promoting social equality. He drafted the Indian Constitution, which embodies principles of equality and justice.

2. Jyotirao Phule:

   • Phule advocated for the education and empowerment of lower castes and women. He emphasized the importance of education in breaking caste barriers and worked to establish schools for marginalized communities.

3. Periyar E.V. Ramasamy:

   • Known as the founder of the Self-Respect Movement, Periyar fought against Brahminical dominance and promoted the rights of marginalized castes. His ideas challenged the traditional social order and encouraged people to question caste-based hierarchies.

4. Mahatma Gandhi:

   • Gandhi’s philosophy of Sarvodaya (welfare for all) included the upliftment of lower castes. He referred to the untouchables as Harijans (children of God) and advocated for their social and economic inclusion.

Conclusion

Eradicating casteism requires a multi-pronged approach that addresses legal, educational, economic, political, and social dimensions. Constitutional safeguards, such as reservations and anti-discrimination laws, provide a foundation, but long-term change also depends on promoting social awareness and challenging deep-rooted biases. Education, economic empowerment, and political representation are key to dismantling caste hierarchies and enabling marginalized communities to achieve social mobility.

As India continues to modernize, the contributions of thinkers like Ambedkar, Phule, and Periyar serve as reminders of the need for social equality and justice. By working collectively, society can move toward a future free from caste discrimination, fulfilling the ideals of the Indian Constitution and creating a truly inclusive society.

Nation-building is a complex and multifaceted process, especially in a diverse country like India, where differences in language, religion, caste, and culture are more pronounced than in many other parts of the world. The goal of nation-building is to foster a unified sense of identity, loyalty, and participation among a country’s citizens, enabling them to collectively pursue prosperity, peace, and development. However, India’s journey toward a cohesive national identity and inclusive development has faced many challenges.

Rural society was one which has not industrialized, whereas present day urban society is highly urbanized and industrialized.

Urbanization is the movement of people from rural to urban areas, and the result is the growth of cities. It is also a process by which rural areas are transformed into urban areas. Urbanization is a process that has occurred or is occurring in nearly every part of the world that humans have inhabited. People move into cities to seek economic opportunities. Urbanization is measured by the percentage of people, who are urban in a society, a region or the world. Urbanization, therefore, summarizes the relationship between the total population and its urban component. That is, it is mostly used as a demographic indicator or in the demographic sense, whereby there is an increase in the urban population to the total population over a period of time.

The concept of urbanization has a dual meaning: demographically and sociologically. The demographic meaning refers to the increasing proportion of the population in a country or a region that resides in cities. Sociologically, it refers to the behaviour, institutions and materialistic things that are identified as urban in origin and use. In other words, it is a social process which is the cause and consequence of a change in the man’s way of life in the urban milieu.

In the urban areas, one can find a range of features like the loss of primary relationships and increasing secondary group relationships, voluntary associations, plurality of norms and values, weaker social control, increasing secularization and segmentary roles, a greater division of labour, greater importance of the mass media and the tendency for the urbanites to treat each other instrumentally. Sociologists believe that all these are caused due to large number of population, which is heterogeneous, having come from various backgrounds. Thus, the more denser, larger and heterogeneous the community the more accentuated are the characteristics associated with the urban way of life. Another aspect is that in the social world, institutions and practices may be accepted and continued for reasons other than those that originally brought them into existence and that accordingly the urban mode of life may be perpetuated under conditions quite foreign to those necessary for its origin.

MEANING AND DEFINITION OF URBANIZATION

1. John Palen in demographic terms defines Urbanization as ‘an increase in population concentration; organizationally it is an alteration in structure and functions.’

2. Eldridge substantiates this view. According to him, urbanization involves two elements such as the multiplication of points of concentration and the increase in the size of individual concentration.

3. Thompson Warren in Encyclopedia of Social Sciences states ‘Urbanization is the movement of people from communities concerned chiefly or solely with agriculture to other communities, generally large whose activities are primarily concerned with the government, trade, manufacture or allied interests.’

4. According to the definition of ‘Vidal de la Blache’, A city is the social organization of much greater scope, it is the expression of a stage of civilization which certain localities have not achieved and which they may perhaps never themselves attain.”

5. As per ‘Burgel’, “The Transformation process of rural area in to an urban area is known as Urbanization. This process have immense impact on Rural Economic Structure.”

6. According to ‘Bogue’, “About 70.00% of the increase in city dwellers come from reproductive change (Natural increase) and about 30.00% from Rural-Urban Migration.”

7. According to Anderson, ‘Urbanization is not a one-way process, but it is a two-way process. It involves not only movement from villages to cities and change from agricultural occupation to business, trade, service and profession, but it involves change in the migrants attitudes, beliefs, values and behavior pattern.’

From the above definitions, one can conclude that sociologists meant urbanization as a process of diffusion of certain modernizing traits or characteristics in a population. It is often considered to be a causal factor of modernization. Thus, urbanization can be summarized as a process which reveals itself through temporal spatial and sectoral changes in demographic, social, economic, technological and environmental aspect of life in a given society.

SOME OTHER TERMS RELATED TO URBANIZATION

1. Urbanism: Urbanism is the way of living or characteristics of lifestyle of people living in urban areas. Urbanization and Urbanism used as synonyms but they are different terms. Urbanization is a process of development of urban areas while Urbanism is the way of living of the inhabitants of urban area. That influenced by not only sociological and psychological dimensions but also from educational, technological, industrial, historic, philosophical, legal, military, political, scientific and other dimensions.

2. Urban Population: Urban Population refers to the population living in urban areas. Areas that come under the definition of “Urban Area.”

3. Urban Agglomeration: As per Census of India 2001, “A town with its outgrowth (it may be viable unit like a village or hamlet etc.) is treated as an integrated urban area and is designated as an urban agglomeration.” The Agglomeration Constitutes:

   • A city/a Town with a continuous outgrowth, the outgrowth being outside the statutory limits but falling within the boundaries of the adjoining village or villages.

   • Two or more adjoining towns with their outgrowths, if any.

   • A city and one or more adjoining towns with or without outgrowths, all from a continuous spread.

NATURE OF URBANIZATION

India is not an exception to the world-wide trend of mass exodus of people from rural areas and their settlement in urban centres. In India, rural-urban migration began during the thirties of the twentieth century. The pace of such migration increased manifold during the post-independence period. There is an increasing concentration of people in small, medium and large-sized towns, leading to a spatial expansion of the urban settlements. In addition, new towns centering around the setting up of new factories are coming up in increasing numbers.

Sociologists have explained the global trend towards rural-urban migration in different ways. The explanatory causes may be classed under two categories: the push factor and the pull factor. In some cases, the situation in the countryside may be so inhospitable as to force people to leave their hearth and home. Sociologists characterize such factors as ‘push factors’. The people living in the countryside may also be attracted by better opportunities of employment and good living (these may also be fancied rather than real) in urban areas and decide to move out. Sociologists characterize such factors as ‘pull factors’.

It is difficult to say for certain which of these factors plays a more decisive role in rural-urban migration. On the contrary, it is more probable that both the factors are responsible for influencing the decision of the people to migrate. We may enumerate briefly the ‘push’ and ‘pull’ factors which are operative in the Indian situation. Among the ‘push’ factors the following are particularly important.

Firstly, man-land ratio in the countryside has changed to the disadvantage of the farmers, so that the arable land available to them has diminished considerably. This has severely restricted the scope for expansion of employment opportunities and created scarcity in food supply.

Secondly, the rate of increase of public investment in the countryside has not kept pace with the rate of increase of population. This has further aggravated the problem of food scarcity and restriction in employment opportunities.

Thirdly, expansion of primary education in the countryside, paradoxically enough, has not produced, in many cases, the desired result of benefiting the community and the persons who are so educated.

In traditional societies, including India, literacy is a status symbol. As such, to make a person literate has the effect of alienating him from his ancestral occupation, because literacy tends to give him the impression that manual work or farming operations are not proper callings of a literate person. They, therefore, migrate to urban areas in search of new ‘pastures’. On the other hand in India, farming provides seasonal employment. Naturally, those who are engaged in farming are forced to move to urban areas in search of odd jobs when there is not enough work in the field. In course of time, some of them stay on in the periphery of towns and cities. Among the ‘pull factors’, mention may be made of the following:

Firstly, the comparative affluence and the existence of varied and numerous employment opportunities in towns and cities attract large numbers of people from the countryside.

Secondly, in the cities and towns, there is heterogeneity, not simply in matters of employment, but also in patterns of recreation, in education, in modes of transportation, in styles of toughing and styles of thought as well as in kinds of stimulation. In contrast to life in the countryside which is dull, monotonous and uneventful, life in towns and cities attract people from the countryside.

Thirdly, the partition of the country on the eve of India’s independence led to a mass exodus of people from East Bengal and West Punjab. Millions of uprooted people without homes and jobs, for obvious reasons, preferred to stay in towns and cities proper or in the peripheries in order to eke out a living. They had no other alternative. As a consequence, the concentration of population in cities and towns all over India, West Bengal and Punjab towns, in particular, swelled all of a sudden.

Fourthly, it is pointed out that in India, family and village ties are sufficiently strong to create an obligation upon the successful migrant to help sponsor new entrants to the city. The cumulative effect of this has been that it (the upswing in urban ward migration) has now progressed to a point where the residents of almost every village have relatives or fellow villagers in at least one (and possibly several) of the major cities.

Western countries also experienced urbanization as a sequel to the expansion and diversification of industries. But urbanization in these countries was entirely different in nature from that in India. As in India, people living in rural areas were attracted to cities and towns by the prospect of better employment opportunities and higher income. In most cases, their dreams were fulfilled. They got jobs and were successful in increasing their income. Moreover, there were also opportunities of getting trained and acquire necessary skills which helped them not only to make themselves employable but also to become competent and skilled factory hands. As a result, they could identify themselves completely with the urbanities and they no longer remained outsiders’.

In India, the picture is just the opposite. The expectation with which the people flock in large numbers from rural areas to towns and cities remains unfulfilled in most cases. They fail to get jobs or to acquire the necessary skill to make themselves employable as factory hands. They are, thus, forced to live in urban slums or in slums adjoining city areas. Physically, they might be living in cities and towns. But they do not belong to cities and towns in the sense that they do not share in the lives of city people. They do not have the necessary income to participate in various urban activities-recreational, educational and civic. Their only goal is to earn some money and just stay alive. They have no means either to contribute to urban life or to benefit from urban amenities. Some sociologists have characterised such a situation as subsistence urbanization.

It is alarming to note that most of these people are unlikely to escape from the subsistence urbanization level of living even after a long period of stay in cities and towns.

The caste system is a social stratification system that has been deeply ingrained in the social fabric of many societies, particularly in South Asia, for centuries. It categorizes individuals into hierarchical groups based on their birth, occupation, and social status. The system traditionally consists of four primary castes— Brahmins (priests and scholars), Kshatriyas (warriors and rulers), Vaishyas (merchants and traders), and Shudras (laborers and service providers)—with Dalits (formerly known as untouchables) historically considered outside the caste hierarchy altogether.

Caste system in India

• The word ‘Caste’ has a Portuguese origin that comes from the word ‘caste,’ which means race. 
• Caste is a hereditary and endogamous group with a common name, traditional occupation, culture, and relatively rigid mobility, forming a single homogenous community. 
• Its roots are ancient India, but the system was transformed by various ruling elites in medieval, early-modern, and modern India, such as the Mughal Empire and the British Raj. 

Concept of Caste

It is defined as a system of Social stratification which consists of hierarchically arranged closed,endogamous strata where membership is ascriptive,contact is restricted and mobility is theoretically impossible.

Models of Caste system

Caste System through Ages 

1. Ancient Age:

•  The caste system in India has its roots in ancient times. 
• The Rigveda, which is one of the oldest Hindu scriptures, mentions the four main varnas or castes – Brahmins, Kshatriyas, Vaishyas, and Shudras. Each caste had a specific occupation, and inter-caste marriage was not allowed. 
• The caste system was based on the idea of dharma, karma, and reincarnation. 
• The Brahmins were at the top of the social hierarchy, followed by the Kshatriyas, Vaishyas, and Shudras.

2. Colonial Times:

• The colonial period in India began in the 16th century when the Portuguese arrived in India. 
• The British colonizers further institutionalized the caste system in India. 
• The British introduced the census in 1871, which classified people based on their caste. The British also created laws that reinforced the caste system, such as the Criminal Tribes Act, which labeled certain communities as criminal tribes based on their caste.

3. Post-Colonial Times:

• After India gained independence in 1947, the Indian Constitution abolished caste-based discrimination and introduced affirmative action policies to uplift disadvantaged castes. 
• The Indian government implemented reservation policies that reserved seats in education, jobs, and politics for lower-caste communities. 
• However, the caste system continues to be a major social issue in modern-day India, with instances of caste-based discrimination, violence, and inequality still prevalent in some parts of the country. 

Features of Caste System

1. Hereditary: Caste is a hereditary system, meaning that a person’s social status is determined by the caste they are born into. There is little or no social mobility between castes.
2. Endogamous: Caste is also an endogamous system, meaning that people are expected to marry within their own caste. Inter-caste marriages are often frowned upon and can result in social ostracism. 
3. Occupation-based: Each caste is associated with a specific occupation, and individuals are expected to follow in the footsteps of their ancestors. This has resulted in occupational segregation, with certain castes being associated with specific professions. 
4. Rigid Hierarchy: The caste system is characterized by a rigid hierarchy, with Brahmins (priests) at the top and Shudras (labourers) at the bottom. Each caste has its own status and privileges, and there is little or no social interaction between different castes. 
5. Discrimination: The caste system is also characterized by discrimination against lower castes. Members of lower castes often face social and economic exclusion, and are denied access to education, healthcare, and other basic services.
6. Ritual purity: The caste system is also based on the concept of ritual purity, with each caste being assigned a particular level of purity or impurity. This has resulted in various forms of social segregation, with members of higher castes refusing to eat, drink or socialize with members of lower castes.
7. Civil and religious limitations:  Restrictions on contact, dress, speech, and rituals are imposed on every caste group in the form of civil and religious disabilities. These limitations were enforced to maintain the purity of specific caste groups. For example, individuals belonging to lower-caste groups were not allowed to access wells, and they were prohibited from entering temples.
8. Manual scavenging: Manual scavenging, which involves the removal of untreated human excreta from bucket toilets or pit latrines, became a caste-based profession. The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act 2013 has officially abolished it. 
9. Caste-based violence in India: The rise in caste-based violence is linked to incidents of inter-caste marriage and the Dalit community’s assertion of fundamental rights, such as land rights, freedom of expression, access to justice, and access to education. 
10. Caste-based reservation policy: The caste-based reservation system in India is a collection of affirmative action measures that reserve access to seats in various legislative bodies, government jobs, and enrollment in higher education institutions. For instance, Scheduled Caste groups are given 15% reservation in government services and educational institutions. 

The status of women in India has undergone significant changes over the years, shifting from traditional roles and societal restrictions toward greater empowerment and equal rights. This transformation reflects a complex journey shaped by historical, social, political, and economic factors. To understand the changing status of women in India, it’s essential to examine the historical context, key milestones in policy and activism, current challenges, and the ongoing path to gender equality.

Historical Background

India’s history regarding women’s roles and rights is diverse and complex, varying greatly across different regions, communities, and historical periods. Traditionally, women in ancient India enjoyed relatively higher status and respect, particularly during the Vedic period (c. 1500–500 BCE), where they were involved in education and religious rituals and had the freedom to participate in various aspects of public life. However, as society transitioned into the later Vedic and medieval periods, gender roles became more rigid. Practices like Sati (self-immolation of widows), child marriage, and purdah (veil system) became prevalent, severely limiting women’s freedoms and subjecting them to patriarchal structures.

Colonial rule introduced some reforms aimed at improving the status of women, with efforts led by social reformers like Raja Ram Mohan Roy and Ishwar Chandra Vidyasagar, who campaigned for the abolition of Sati and promotion of widow remarriage. The Indian freedom movement also significantly contributed to women’s participation in public life, with figures like Sarojini Naidu and Annie Besant playing prominent roles. However, women’s rights were largely overshadowed by the primary focus on independence, and it was only post-independence that gender equality became a central issue in India’s legal and social framework.

Legal and Constitutional Milestones

The Constitution of India, adopted in 1950, marked a new beginning for the rights of Indian women. It guaranteed equal rights and protection from discrimination under Articles 14, 15, and 16, and aimed at empowering women socially, politically, and economically. Several laws were enacted in the following decades to address issues such as marriage, inheritance, dowry, and domestic violence. Some notable legislative milestones include:

• The Hindu Marriage Act (1955): This act reformed personal laws concerning marriage, divorce, and inheritance, offering women greater rights within marriage and family structures.
• The Dowry Prohibition Act (1961): Aimed to curb the practice of dowry, which had become a significant social issue, often resulting in violence against women.
• The Equal Remuneration Act (1976): Established equal pay for equal work, helping to address gender wage disparity.
• Protection of Women from Domestic Violence Act (2005): Provided legal recourse for women facing domestic violence, expanding the scope of protection beyond physical abuse to emotional and economic abuse.
• The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act (2013): Addressed the issue of sexual harassment in workplaces, offering women a safer work environment and formal avenues for redressal.

These legal frameworks signify a strong commitment by the state toward women’s rights, yet the implementation of these laws has often been inconsistent, reflecting societal resistance and enforcement challenges.

Economic Empowerment and Employment Opportunities

With the advent of globalization and liberalization in the 1990s, Indian women began gaining access to education and employment opportunities in unprecedented ways. Today, women are increasingly found in diverse fields such as technology, politics, sports, and entrepreneurship. The expansion of the service sector has been particularly beneficial, creating job opportunities in IT, healthcare, retail, and education—industries where female participation has grown significantly.

Government initiatives like Beti Bachao Beti Padhao (Save the Daughter, Educate the Daughter) and Skill India have further emphasized the importance of women’s education and workforce participation. Self-help groups (SHGs) and microfinance programs have enabled many rural women to achieve financial independence by engaging in small-scale entrepreneurship. Despite this progress, challenges remain due to factors like gender-based wage gaps, workplace discrimination, and low female labor force participation in comparison to other countries.

Political Representation and Leadership

India has seen a notable increase in the political participation of women. From Indira Gandhi, the country’s first female Prime Minister, to Pratibha Patil, the first woman President, Indian women have held some of the highest offices in the land. Additionally, Panchayati Raj reforms (73rd and 74th Constitutional Amendments) in the early 1990s mandated 33% reservation for women in local governance, empowering millions of women in rural India and encouraging a more inclusive approach to local governance.

Despite these advancements, female representation in higher political offices and decision-making bodies remains limited. The Women’s Reservation Bill, which seeks to reserve 33% of seats in the Lok Sabha and State Legislative Assemblies for women, has yet to be fully implemented. The lack of representation in national and state legislatures reflects the ongoing struggle for political parity.

Social Attitudes and Cultural Shifts

The status of women in India is deeply influenced by social and cultural attitudes that have historically prioritized patriarchal values. Issues like gender-based violence, female infanticide, honor killings, and domestic abuse remain significant challenges. However, recent years have seen an increased awareness and activism around these issues, partly driven by high-profile cases and global movements like #MeToo. Indian society has witnessed growing intolerance towards gender-based violence, with a stronger civil society and youth activism playing a crucial role in demanding justice and accountability.

Popular culture, including Bollywood, has also started portraying women in diverse roles, challenging traditional stereotypes and encouraging a shift in societal perspectives. Campaigns and advertisements emphasizing women’s independence and equality have helped in reshaping the mindset of younger generations.

Education and Healthcare Improvements

Access to education and healthcare has been critical in empowering Indian women. Literacy rates among women have improved significantly over the past few decades, from about 8.9% in 1951 to over 65% in recent years. Government programs like Mid-day Meal Scheme and Sarva Shiksha Abhiyan have improved school enrollment for girls, particularly in rural areas.

In healthcare, schemes such as Janani Suraksha Yojana and Ayushman Bharat have aimed at improving maternal health, reducing infant mortality, and making healthcare more accessible for women. Although health indicators have improved, challenges like maternal mortality and malnutrition remain concerning, particularly in rural and underserved regions.

Challenges and the Road Ahead

While India has made considerable strides toward gender equality, the journey remains incomplete. Persistent issues like poverty, illiteracy, gender discrimination, and violence against women continue to impede progress. The ongoing patriarchal mindset, especially in rural and conservative regions, poses a significant barrier to full empowerment. Key challenges include:

• Female labor force participation remains low, with economic barriers and traditional gender roles discouraging women from entering the workforce.
• Safety concerns and gender-based violence, both in public spaces and at home, continue to restrict women’s freedom.
• Limited political representation at higher levels, with structural and cultural barriers preventing women from achieving full political empowerment.

Conclusion

The status of women in India reflects a journey of remarkable progress yet persistent challenges. While policies, legal reforms, and increased awareness have paved the way for greater gender equality, deep-seated social norms and structural inequalities continue to pose significant obstacles. Achieving true empowerment for Indian women requires not only continued policy interventions but also transformational shifts in cultural and social attitudes. Empowering women economically, politically, and socially is essential for India’s progress, as gender equality is not just a women’s issue but a crucial factor for overall development and prosperity.

The joint family is the bedrock on which Hindu social organization is built. As K. M. Panikkar has rightly observed, the caste system, the village community and the joint family system constitute the basic pillars of the Indian social system. Mandelbaum believes that the classical form of the family in India is that of the joint family. It has become an ideal form of family for Hindus since the time of Manu.

Hindu joint family is mainly of two types, namely, the matrilocal joint family and the patrilocal joint family. While the matrilocal joint family is found among the Nayars of Kerala, the patrilocal joint family is predominantly found among the rest of the Hindu community. Hindu joint family generally refers to the latter type of family.

Iravati Karve defines joint family as “a group of people who generally live under one roof, who eat food cooked at one hearth, who hold property in common and who participate in common family worship and are related to each other as some particular type of kindred.”

According to Henry Maine, “The Hindu joint family is a group consisting of known ancestors and adopted sons and relatives related to these sons through marriage”.

In the words of C. B. Memoria, “The fundamental principle of the Hindu joint family is the tie of sapindaship without which it is impossible to form a joint family.”

K.M. Kapadia defines joint family as “a group formed not only of a couple and their children, but also other relations either from father’s side or from mother’s side depending on whether the joint family is patrilineal or matrilineal.”

Joint family exhibits several Characteristics

1. Large size:

The joint family is large in size. It consists of parents, children, grand children and other near relatives along with women. It is a group in which several basic families live together at one and the same time.

2. Common residence:

The members of joint family usually live under the same roof. They may also live in separate houses in close proximity to one another. Sir Henry Maine holds the view that joint habitation is the most striking feature of a joint family. The traditional large joint family household is very often called the ‘Great House’.

3. Common kitchen:

Common residence, though an important feature, is not necessarily a determining factor for the formation of a joint family. The reason is not far to seek. A number of persons may live under one roof, as in the case of an apartment. But they do not necessarily form a joint family. The members of a joint family take food cooked at one hearth.

Generally the wife of the head of the house remains in charge of the kitchen. She is assisted by other women in culinary activities. Women first serve the children and the male members of the family and then they take their food. Even they do not hesitate to serve food to even uninvited guests. The moment the kitchen is separated, the joint family ceases to exist.

4. Joint property:

In a joint family, the ownership, production and consumption of wealth takes place on a joint basis. Both movable and immovable properly of the family is owned jointly. The joint property is managed by the head of the family, who is known as the ‘Karta’. He acts as a trustee and looks after the welfare of all the members of the family. The total earnings of all the family members are pooled together. Family expenses are met out of those earnings.

5. Common worship:

Common worship is an integral feature of the joint family system. Generally the members of a joint family believe in the same religion and worship similar deities. The deities are called ‘Kula Devatas’. Members of the family take part in the various religious rites, ceremonies and sacrifices. This common family worship is handed down from generation to generation.

6. Blood relationship:

All the members of the joint family are related to each other as some type of kindred. Kinship tie binds the members in togetherness in the family.

7. Common organization:

A joint family consists of a large number of members and if they do not cooperate with one another it is not possible to maintain the organization and structure of the joint family.

8. Familistic organization:

In the joint family individual interests are subordinated to family interests.

9. Rule by Karta:

Rule by Karta is another essential feature of the joint family. The head of the family wields unquestionable authority over all the members of the family. The entire system revolves round the principle of subordination of all other members to the head.

The ‘Karta’ takes independent decisions pertaining to property, business affairs, children’s education, their occupation and marriage, major purchases and sales etc. He interacts with family members in such a way that it would lead to their material and spiritual well-being.

10. Principle of seniority:

The authority in the family is determined on the principle of seniority. The eldest male/female may delegate the authority to someone else keeping the principle of seniority in view. The principle of seniority limits the scope for the development of individualism.

11. Joint responsibility:

Joint family functions on the basis of joint responsibility. If the elder brother, for example, is hospitalised, it is the responsibility of his younger brothers to bear the medical expenses. Similarly, if the father incurs loan in connection with the marriage of his daughter, it is the responsibility of his sons to repay the loan.

12. Mutual rights and obligations:

The joint family is characterized by mutual rights and obligations. The system of mutual rights and duties keep the members together in a closely knit unit. The golden rule ‘each for all and all for each’ is practised with all sincerity among the members belonging to the joint family.

13. Filial relationship:

In a joint family supreme importance is attached to filial relationship (the relationship between the father and the son). Conjugal relationship (husband-wife relationship) pales into insignificance before filial relationship.

Caste is a system of social stratification. It lies at the root of Indian social structure. It involves ranking according to birth and determines one’s occupation, marriage and social relationships. There is a prescribed set of norms, values and sanctions which govern social behaviour within caste.

Sociologists have defined caste (locally referred to as “jati”) as ‘hereditary, endogamous group, which is usually localised. It has a traditional association with an occupation and a particular position in the local hierarchy of castes. Relations between castes are governed, among other things, by the concepts of pollution and purity, and general maximum commensality that occurs within the caste” (Srinivas 1962). This is the definition of the ideal form of caste system.

In reality, however, there are variations in the structure and functioning of caste system.

It is imperative to make a distinction between the theoretical formulation of caste system and its existential reality. Theoretically, caste stratification of the Indian society has its origin in the Varna system. This system literally means colour which was prevalent during the Vedic period. According to this doctrine of colour, the Hindu society was divided into four main Varnas : Brahmins, Kshatriyas, Vaishyas and Shudras. A fifth category of untouchables lie outside the fold of the varna scheme. This was mainly based on division of labour and occupation. Members of each varna performed different functions like the priestly function rulers, fighters, traders and servile. The varna system is important because it provides an all- India macro structural scheme within which innumerable variations of castes are found. A varna may include different castes which may be divided into different sub-castes.

The concept of Varna is generally traced to the Purusha Sukta Verse system of the Rig Varna Veda. It said that Varna system originated by the sacrifice of the primeval being or Purusha. After the sacrifice, the Brahmana emerged from the mouth, the Kshatriya from arms, the Vaishya from thighs, and the Sudra from the feet. Thus, the four Varnas that emerged were considered to have a divine origin.

FEATURES OF CASTE SYSTEM

Ghurye (1962) an eminent sociologist, identified six features of caste system. These six features are:

Segmental Division of Society

The Hindu society is divided into different castes. Caste membership is determined by birth and not by selection and accomplishments. Hence, caste status is termed as being ascribed (by birth).

Hierarchy

Caste system has a specific scheme of social preference in which they are arranged in a social and ritual hierarchy. A sense of high and low, superiority and inferiority is associated with this gradation or ranking. The Brahmins are placed at the top of the hierarchy and are regarded as ritually pure or supreme. The untouchables, considered most impure, are at the lowest rung of the hierarchy. In between are the Kshatriyas, followed by the Vaishya. Thus, castes occupy a specific status in the overall framework of caste hierarchy.

Restrictions on Feeding and Social Interaction

Rules are laid down which govern the exchange of food which is also called commensality and social interaction between different castes. There are restrictions on the kind of food that can be eaten together, received or exchanged among castes. A Brahmin will accept “pakka” food, i.e., food prepared in ‘ghee’ from any community but he cannot accept ‘kachcha’ food i.e food prepared in water at the hands of other caste. Concept of pollution places severe restrictions on the extent of social interaction.

Civil and Religious Disabilities and Privileges of Different Sections

Each caste is considered to be more pure or impure than the other in the ritual sense of the term. The ideology of pollution and purity regulates the relationship between different castes significantly. There are several taboos practised by the superior castes to preserve their ceremonial purity.

Castes considered ritually impure were subjected to manifold disabilities. For example, they were forbidden to use public roads, public well or enter Hindu temples. The shadow of some castes were considered polluting, such as, in Tamil Nadu the Shanars or Toddy-tappers had to restrict their pace away to 24steps from a Brahmin during the earlier times.

Each caste has its own customs, traditions, practices and rituals. It has its own informal rules, regulations and procedures.

Restrictions on Marriage

Endogamy or marriage within one’s own caste or sub-caste is an essential feature of caste system. Generally, people get married within their own caste or subcaste. However, there were a few exceptions. In some regions of India, the upper caste men could marry lower caste women. This kind of marriage alliance is known as hypergamy.

Lack of Unrestricted Choice of Occupation

Traditionally each caste was associated with an occupation. They were ranked higher and lower on the basis of ritual purity and pollution of their associated occupation. The Brahmins who occupied the uppermost rank were prescribed the duties of acquiring and teaching sacred knowledge and of performing sacrifices.

The above is a description of the essential features of caste system. However caste structure has several variations as found in its functioning in different regions of India. As a regional reality, one can see different patterns of casteranking, customs and behaviours, marriage rules and caste dominance.

Each caste had its own caste council or panchayat where the grievances of its caste members were heard. Caste panchayat was regulating the behaviour of the caste people according to the prescribed norms and sanctioned social behaviour. Headed by the elders of that caste, these councils had the power to excommunicate a member if he did not follow caste restrictions. They are distinct from village panchayats in that the latter, as statutory bodies, serve all villagers regardless of caste, although they operate on the same principles.

Social legislation in India has profoundly impacted the institution of marriage and family structures, promoting equality, protecting individual rights, and addressing issues that were once deeply rooted in traditional practices and cultural norms. Laws concerning marriage and family are designed to eliminate discrimination, uplift marginalized groups, and modernize the legal understanding of familial relationships.

Historical Background

Indian society has long been shaped by its patriarchal traditions and rigid caste-based hierarchies. Marriage was often viewed as a social obligation and a means of maintaining family honor and caste purity rather than an individual choice based on equality. Practices like child marriage, polygamy, and the dowry system were prevalent, significantly affecting women’s rights and autonomy. Families, especially in rural and conservative areas, operated under patriarchal structures that severely restricted women’s rights in marital and family matters.

The colonial era introduced reforms primarily through the efforts of social reformers and British administrators who aimed to address specific oppressive practices, such as Sati and infanticide. However, comprehensive legal reforms aimed at protecting individual rights within marriage and family relationships only emerged in post-independence India, with the adoption of the Constitution of India in 1950. The Constitution’s emphasis on equality, dignity, and justice provided the foundation for transformative social legislation, setting the stage for significant changes in marital and familial rights.

Key Legislative Reforms in Marriage and Family Law

Post-independence India has seen a series of legislative reforms aimed at ensuring gender equality and protecting individual rights within marriage and family structures. Some of the most impactful pieces of legislation include:

• The Hindu Marriage Act (1955): This act codified marriage laws for Hindus and introduced significant reforms such as monogamy, legal grounds for divorce, and provisions for judicial separation. It marked a departure from traditional views of marriage as an unbreakable sacrament, giving women greater legal autonomy.

• The Special Marriage Act (1954): This act allowed civil marriages irrespective of religion, caste, or community, promoting the idea of marriage as a union based on individual choice. It facilitated interfaith and intercaste marriages, challenging social taboos and promoting secular values within family law.

• The Dowry Prohibition Act (1961): This act aimed to curb the dowry system, which had become a significant source of financial and emotional strain for families and was often associated with violence against women. Despite implementation challenges, it represents a crucial legal stance against the commodification of marriage.

• The Muslim Women (Protection of Rights on Marriage) Act (2019): This act criminalized instant triple talaq (talaq-e-biddat), a practice that allowed a Muslim man to unilaterally divorce his wife by pronouncing “talaq” thrice. The law provided Muslim women greater security in marital relationships and addressed a long-standing issue within the community.

• The Protection of Women from Domestic Violence Act (2005): Although not limited to marriage, this act provided a comprehensive framework to protect women from physical, emotional, and economic abuse within family settings. It expanded the scope of protection to various forms of violence and provided legal recourse and shelters for victims.

These reforms reflect the Indian state’s commitment to eradicating gender-based discrimination and promoting equality within marriage and family. However, these laws have faced social and cultural resistance, impacting their effectiveness in transforming deep-seated norms.

Impact of Social Legislation on Marriage Dynamics

Social legislation has reshaped the concept of marriage in India, promoting values such as individual choice, consent, and equality. Key impacts include:

• Shift from Sacrament to Contract: Traditional Hindu marriages were viewed as sacramental, indissoluble bonds, especially for women. The Hindu Marriage Act and Special Marriage Act introduced the notion of marriage as a contractual relationship where both partners possess rights and duties. This shift allows individuals, particularly women, the right to seek divorce and judicial separation in cases of cruelty, adultery, desertion, or incompatibility.

• Monogamy as the Norm: Legal reforms such as the Hindu Marriage Act enforced monogamy within marriage, establishing it as the legal standard and discouraging the practice of polygamy, which was historically permissible in certain communities. Monogamy is now seen as a universal principle in Indian marriage law, promoting the notion of equality and exclusivity in marital relationships.

• Increase in Interfaith and Intercaste Marriages: The Special Marriage Act provided a legal framework for interfaith and intercaste marriages, helping individuals marry outside traditional boundaries without renouncing their religious identity. This has encouraged greater social integration and reduced the influence of caste and religion as barriers to marriage, though societal acceptance remains varied across regions and communities.

• Legal Recognition of Divorce and Marital Disputes: By recognizing divorce as a legal right, social legislation has empowered individuals to exit unhappy or abusive marriages. The grounds for divorce under various marriage acts enable individuals to seek legal remedies for issues like cruelty, adultery, and desertion. This recognition has particularly benefited women, who previously lacked legal recourse to address marital grievances.

• Protection from Domestic Violence: The Domestic Violence Act brought a paradigm shift by recognizing emotional, verbal, and economic abuse as forms of violence. Women now have legal grounds to protect themselves and seek redress, promoting a safer family environment. It also marked a move toward recognizing mental and emotional well-being as essential to marital and familial harmony.

Impact on Family Structures and Gender Roles

The shift in marriage laws has also had a transformative impact on family structures and gender roles:

• Promotion of Gender Equality within Families: By providing women with legal rights in marriage, divorce, and inheritance, social legislation has promoted gender equality within the family unit. Laws like the Equal Remuneration Act and Dowry Prohibition Act address economic disparities that often arise within marriage, allowing women to have greater financial independence.

• Changing Role of Women: Social legislation has empowered women to challenge traditional gender roles, allowing them greater agency and decision-making power within the family. Laws granting inheritance rights, protections against dowry harassment, and support in cases of domestic violence have provided women the means to assert their rights and demand respect in the marital home.

• Recognition of Family Diversity: The concept of family in India has evolved, with legal frameworks now recognizing different forms of family structures beyond the traditional joint family system. This includes nuclear families, single-parent households, and live-in relationships, the latter gaining social acceptance and legal recognition under certain circumstances. These changes indicate a shift toward recognizing individual autonomy and personal choice in forming familial relationships.

• Reduction of Child Marriage: The Prohibition of Child Marriage Act (2006) aimed to reduce child marriage by setting the legal marriageable age at 18 for women and 21 for men. While implementation remains challenging, particularly in rural areas, this legislation has played a key role in discouraging child marriage, enabling women to pursue education and career opportunities before entering into matrimony.

Challenges in Implementing Social Legislation

Despite the progressive nature of social legislation on marriage and family, India faces significant challenges in implementation:

• Social Resistance and Cultural Norms: Laws promoting gender equality often clash with traditional values and patriarchal attitudes. Honor-based violence and social ostracism continue to discourage individuals from engaging in interfaith or intercaste marriages, reflecting the tension between legal rights and societal norms.

• Inconsistent Law Enforcement: Despite laws against practices like dowry and domestic violence, enforcement is often weak due to lack of awareness, insufficient resources, and societal pressures. Many victims are either unaware of their rights or reluctant to report issues due to fear of social stigma and family backlash.

• Economic Dependency and Lack of Support Systems: For many women, economic dependency on their families or husbands remains a significant barrier to exercising their legal rights. Although laws promote equality, the lack of support structures such as shelters, legal aid, and employment opportunities limits women’s ability to leave abusive relationships or demand equitable treatment within the family.

• Slow Judicial Processes: Legal cases related to marital disputes and domestic violence are often delayed in courts, prolonging the suffering of victims and discouraging others from seeking legal recourse. Judicial backlogs and limited access to legal resources continue to be significant obstacles for individuals seeking justice.

Conclusion

Social legislation in India has had a profound impact on marriage and family, promoting values such as equality, individual choice, and legal protection against discrimination and violence. The progressive legal framework has provided individuals, particularly women, with rights and autonomy in marriage and family matters that were previously denied to them. While implementation challenges persist, these laws mark a significant step toward modernizing family structures and promoting gender equality.

Prof. T.U. Das (1953) considers that a tribe generally has a common name, a common habitat, a common language, a common culture and a feeling of unity among its members as against members of other tribes. It is very difficult to make distinction between caste and tribe by considering different definitions of tribe.

Sociologists and anthropologists like G.S. Ghurye, T.B. Naik, F.G. Bailey etc. have taken some of the criteria to make distinction between tribe and caste such as:

(a) Religion

(b) Geographical location

(c) Language

(d) Economic backwardness

(e) Political organisation

But they found that all these criteria cannot help in making clear cut distinction between caste and tribe.

(a) Religion:

Tribal have animism as their religion and castes have Hinduism. Animism means belief in ghosts and spirits. But it is wrong to say that Hindus don’t believe in ghosts and spirits. Again many tribal groups are there who worship Hindu gods and goddesses and celebrate Hindu festivals. So, the distinction between caste and tribe on the basis of religion is artificial and meaningless.

(b) Geographical Location:

It is considered that tribal people live in isolated hilly track or forest areas. Caste groups live in plain areas. But in reality it is found that there are caste communities living in isolation or in isolated regions. There are also tribal groups who live in plain areas and their main occupation is agriculture.

(c) Language:

It is believed that tribal use their own common language which is different from caste groups. But this type of distinction is also not helpful. For, some tribal groups have no language of their own rather they use the language of caste groups. For example, many tribal groups of South India use the language which is commonly used.

(d) Economic Backwardness:

Economic backwardness too is not a correct criterion for the distinction. If tribal are economically backward, there are many caste groups who are poor and economically backward. On the other hand, there are tribes having acres of lands.

(e) Political Organisation:

It is said that tribal have their own political organisation but caste groups have no such political organisation. But now-a-days political organisation is not found in all the tribal groups, where as caste groups are forming political organisations. Because of all these difficulties and confusions Bailey says that it is very difficult to find out where tribe ceases and caste starts.

F.G. Bailey, in his writing (1961) ‘Tribe and Caste in India’, establishes a difference between a model and a practice and says that the contrast between ‘caste’ and ‘tribe’ can be sharply marked only at the level of the model. He points out that ‘tribe’ and ‘caste’ are not dichotomous but they lie at different points of a continuation on which particular societies are to be placed.

Varnashrama Dharma is a Sanskrit name given to the divisional structure of the Indian society. When this order of society is intertwined with the four orders of life or the ashramas, i.e. Brahmacharya or the student life, Grihastha or the householder’s life, Vanaprastha or the retired life and Sanyasa or the devotional life, it gives rise to the Varnashrama dharma.

INTRODUCTION

Human society is inherently divided into four orders. The first order is the intelligent class, second is the martial class, third is the productive class and the fourth is the labour class. The emergence of these divisions has been touched upon by many scholars and different reasoning have been put up for the same. This project has been taken up to explore such various possible interpretations for the emergence of Varnashrama Dharma.

Varnashrama Dharma is a Sanskrit name given to the divisional structure of the Indian society. When this order of society is intertwined with the four orders of life or the ashramas, i.e. Brahmacharya or the student life, Grihastha or the householder’s life, Vanaprastha or the retired life and Sanyasa or the devotional life, it gives rise to the Varnashrama dharma. It can also be put as the presence of varna in different ashramas of life. This term paper will delve into the deeper questions of the origin of this dharma in the Indian subcontinent. The description of the emergence of this dharma supported by texts from ancient epics will support the theory of origin. Subsequently different interpretations or theories of emergence would be deliberated upon. Often Varnashrama dharma is also thought to be synonymous with the caste system which is very much endemic to India. The term paper will clarify the difference between the two concepts.

THE EMERGENCE OF THE DHARMA

In order to bring out the meaning of the word- Varnashrama dharma, delving deeper to bring out the meaning of the fragments in required. According to Manu, Dharma is that which is practised by those who know the Vedas and the Shastras and are people without any bad quality like jealousy and passion. It includes practices recognised by the mind as correct. Varna is the organised division of the human society into four blocks depending upon the occupation which one pursues and Ashramas are the four stages in a person’s life i.e. celibacy, family life, semi saintly life and life after renunciation. The Varna system mingled with the four Ashramas of one’s life on the path of dharma becomes the Varnashrama Dharma.

In Hindu society this dharma was divided into four different groups of people who pursued four different dharmas in their life to attain the ultimate goal of their life, i.e. realisation of god. The first of such kind was the Brahmana Dharma. According to Manu, learning Vedas, teaching of Vedas, conducting yagnas and conducting yagnas for others, giving alms and taking alms for others are the six important duties in a Brahman’s life. The greatest Tapas a Brahman can do is to chant Vedas again and again. The next group of people were the Kshatriyas. They were those people who belonged to the clan of the kings and soldiers and used to look after the safety of their territory and the people. Looking after people, collecting weapons to punish those who did wrong, engaging in dharmic wars, winning over enemies’ army and ruling the world were the essential duties of a kshatriya. The third varna was the Vaishya Dharma. Manu says that the vaishyas should give charity, perform yajnas, should get knowledge, carry out trade in cereals, gems, gold, silver and other articles, should give money on loan and cultivate the land. The fourth Varna, i.e. the Shudra dharma encompassed service to people of other dharmas. He has also talked about Varna Sadharana Dharma which included those dharmas which would have been common to the people of all the four varnas.

The first reference to the Varnashrama system is made in Purush Sukta  verses of the Rig Veda (book 10, hymn 90) where the different sections of the society are regarded as the limbs of the great self. When objectively viewed, these Varnas were sophisticated organisation of the society that intelligently divided the population into different groups that would help the society function smoothly. Another property of the varna system was that what may be desirable for one section of the society could be degrading for another. For example: absolute non violence which includes refraining from animal sacrifice is considered unworthy of a Kshatriya. Underlying all these differences is the one common goal of advancing in spiritual life based on Sanatana dharma.

THEORITICAL INTERPRETATIONS OF THE VARNA SYSTEM

The complicacies of this fourfold division of the society lead us to think about the main question on which this paper is based, i.e. the origin of this dharma. This organisation of the society has been there in Indian society since time immemorial but there are different theories regarding the emergence of this dharma. Firstly, it should be accepted that in any kind of society, different fragments of people perform different services and based on such services a division is formed. Such division among the intelligentsia and the working class existed in all civilisations. It has been deduced that such division was healthy. For instance, the clergy, the nobility, the burghers and the serf and proletariat into which European society was divided was similar to the four varnas. Even Iran was divided into four fold divisions namely Atharva (priest),Rathestha (warrior), Vastrya Fsuvant (head of the family) and Huiti (manual worker) which corresponds to the four fold division in our society.

The origin of the Varnashrama dharma is traced by two theories. One is the Brahmanical view and the other is the western view. The western view mainly focuses on the existence of this organisation in the Aryan society. It is believed that the Aryans brought this sophistication into Indian land which was subsequently adopted by other tribes of that time. At that time, the dasyus were the original inhabitants of India who are said to be the ancestors of the Sudras. When the Aryans conquered India, they suppressed and enslaved the dasyus who were dark in colour. Varna also means colour. So it was also proposed that the division was also based on the colour of one’s skin but then division existed even among the fairer group. History suggests that there was always a rift between the Aryans and the dasyus (and between their religious observances) and that might be the reason for the exclusion of the Sudras from the religious rites of a vedic type.

The Rig Vedic society was mostly composed of pastoral lands and cattle were considered to be the wealth. War was a means of livelihood. The chief income of the king used to come from the spoils of war. The priest also used to take a substantial share from it. In the later vedic period, the society got fragmented from a tribal set up to a kind of occupational segregation in which the intellectual class started asserting its power over the serving class subsequently.

The other theory is the Brahmanical view which supports the divine sanction. The Purusha Sukta in Rig veda mentions the purusha who is the world spirit who has produced the Brahmana from his mouth, the Kshatriya from his arms and the Vaishya  from his thighs. The Shudra is said to have sprung from his feet. Manu states the reason of such creation of different groups as “for the sake of preserving the universe the being (Brahma, the creator) devoted separate duties to those who sprang respectively from his mouth, his arms, his thighs and his feet”. But it has always been meant to be guna karma, i.e. quality work rather than body based restricted scope of work to each of the four groups, i.e. varna karma. Backing the divine origin theory, Geeta says that the order is created on the basis of quality work- Chaturvarnayam  mayasrushtam  gunakarma  vibhagasaka. This fourfold division was not meant to be a rigid compartment of fixed occupations and it is quite clear when Geeta says – tasya kartaramapi mam vidyakartaramavyayam.  According to the divine origin theory, the organisation of this fourfold division was to serve the society but with the coming of Kali yuga, this division which was flexible before became rigid due to the formation of many sub castes and with one sect at loggerheads with the other. Sticking to one’s own caste became the norm. The Marxist theory gives another interpretation to this division and bases the varna system on class division.

The Varnashrama dharma is often confused to be the same as the caste system imbibed in the Indian society. The Varnashrama is a natural organised division of the society which would lead to a content society that would be interdependent on each other. The purpose of the Varnashrama social system is to provide a structure allowing people to work according to their natural tendencies and to organize society so that everyone, regardless of their position, makes spiritual advancement. This philosophy says that people can only work together with a co operative spirit if there is a central point of focus. It is different from the caste system in a way that it has not got a hint of racial prejudice.

THE PRESENT PICTURE OF THE VARNASHRAMA DHARMA

With the passage of time, Varnashrama got rigidly compartmentalised and rituals and traditions started to be followed very strictly. With the coming of the Muslim empire, the Hindus got aware of their identity and the constant ‘identity tussle’ made them exhibit their religion as superior to that of the others. Mingling with other factors, this led to the transformation of the Varnashrama dharma to a compulsory form of segregation that accepted the form of caste system in India. The orthodoxy that fell on the defence at the very approach of Islam thought it wise to respond to the new challenges by imposing restrictions on marriage and other ceremonies. Anuloma or Exogamy was no more practised and the group within which one could marry shrinked smaller and smaller. No varna remained a single unit and groups among them based on diet, religious practices etc were formed. The all embracing idea that people from all caste are children of the god was now practised only on spiritual sphere. There was no equality on the social sphere because of the accretion of parrabdha and sancit karma. The decline in harmony in the society was reemphasised by the inferior position of women and people from the lower castes. This led to the advent of social evils like sati, child marriage, child widows etc.

Lord Metson quoted in “The Untouchables of India” that caste moderates personal ambition and checks the bitterness of competition. It gives a man, whatever his station in life, a society in which he can be at home even when he is among strangers. For the poor man, it serves as a club, as a trade union and a mutual benevolent society, all rolled into one. It ensures continuing and a certain inherited skill in the arts and crafts. And in the moral sphere it means that every man lives in content with that place which destiny has allotted him, and uncomparingly does his best.” But practically none of the plight of those who were the victim of the system was beyond addressable. But with the coming of the European and the spread of English culture in some parts of India, the Indian scholars who took up to  rational thinking found the system too suffocating to live in. And from there started the string of reforms. A pioneer of such reform movements was Raja Ram Mohun Roy who raised his voice against social evils.

With the advent of twentieth century and the coming of many modern means of communication, the hiatus between different caste and religious groups got plugged in. Some famous reformers introduced various societies to cover up the social evil of untouchability. The Brahmo Samaj founded by Raja Ram Mohun Roy was one of the societies that aimed at removed social evils like sati, untouchability, etc. He was a great social thinker to suggest inter-caste marriage as the only remedy for breaking down barriers of caste system. The leading social reformer Mahadev Govind Ranade founded the Prarthna Samaj under the inspiration of Keshab Chandra Sen. It also aimed at forming a heterogeneous society where no social impediments would exist nurturing a healthy environment for budding India. The Arya Samaj which was inspired by the Brahmo Samaj was founded by Dayanand Saraswati, made Veda as the centre of purifying all the evils gulping the rational behaviour of human beings at that time. The efforts of Ramakrishna Paramhansa and Swami Vivekanand could not be left behind while counting the number of steps that we have moved ahead of the unfortunate days. The Theosophical society founded by Madame H.P. Blavatsky and Colonel H.S. Olcott has also contributed its part. The contribution of all these enlightened men has brought us to a phase which is vastly different from the landscape of ancient India. The evil of casteism is not totally obliterated from the social picture but the condition has substantially improved giving rise to a harmonious heterogeneous existence.

CONCLUSION

Tracing the path of origination of the varna system, this project acquaints us to the Brahmanical and the western theory of interpretation of the emergence of the varna system. Taking in excerpts from the Geeta and emphasising on the words of Manu, it can be concluded that the varna system has reshaped itself over time. Four major varnas were formed due to societal segregation for various reasons but it has eventually taken a rigid form. The contribution from various scholars in transformation of this system has led to a different picture that exists in today’s time. The division of society has existed in all times and will keep on existing in some other form if not in this form.

The notion of caste is often associated with Hindu society in India, but caste-like features also exist within the Muslim community. While Islam advocates egalitarian principles and explicitly condemns caste discrimination, in practice, Indian Muslim society reflects a hierarchical social order influenced by the broader Indian socio-cultural context. This structure, often referred to as an “informal caste system” or “biradari” system, includes divisions based on ethnicity, occupation, and social status.

Origins and Evolution of Caste-Like Structures

The presence of caste-like features in Indian Muslim society can be traced back to a combination of historical, social, and cultural factors:

• Influence of Indian Caste Society: Islam reached India in the 7th century, primarily through trade, conquests, and migrations. As Muslim communities settled in India, they came into contact with the pre-existing Hindu caste system, which was deeply embedded in Indian society. Over time, elements of this hierarchical structure influenced Muslim social organization, leading to a stratified community structure that resembles the Hindu caste system.

• Ethnic and Racial Differences: Indian Muslim society has been shaped by diverse ethnic groups that migrated to India at different points in history, such as Arab, Persian, Turkish, and Central Asian communities. These groups often maintained distinct identities, forming a social hierarchy based on lineage and origin. Indigenous converts to Islam were often absorbed into lower social strata, mirroring the pre-existing Hindu caste order.

• Occupational Segmentation: Like the Hindu caste system, Muslim society in India developed a hierarchical structure based on occupations. Communities were often classified by their traditional professions, such as weavers, butchers, potters, and washermen. This division reinforced a social hierarchy that persists today, where certain occupations are regarded as lower status, creating a social stratification that echoes caste-like divisions.

• Marital and Social Endogamy: Over time, Muslims in India adopted endogamous marriage practices similar to the Hindu caste system, where marriage within one’s own social group or biradari became customary. This practice has reinforced social boundaries, making it difficult for individuals to move freely across hierarchical lines within the Muslim community.

Social Hierarchies in Indian Muslim Society

The caste-like structure among Indian Muslims is typically divided into three main groups, reflecting hierarchical social status and occupational backgrounds:

• Ashraf (Nobility or High Status): The Ashraf represent the elite or upper class of Indian Muslim society. They are typically those who claim foreign lineage—tracing their ancestry to Arab, Persian, Turkish, or Afghan roots. The Ashraf are further divided into sub-groups like Syeds, Sheikhs, Pathans, and Mughals. These groups are perceived as high status because of their historical association with Islamic rulers and conquerors in India, as well as their association with Islamic scholarship and leadership. Ashraf communities tend to have higher socio-economic status, access to education, and political influence within the Muslim community.

• Ajlaf (Middle Status): The Ajlaf, often referred to as the artisan or occupational groups, consist of communities whose traditional occupations are associated with trade, craft, or labor. Some examples include weavers (Ansari), butchers (Qureshi), and tailors (Darzi). These groups are generally viewed as lower in social status compared to the Ashraf and have historically faced restrictions in terms of social interaction and marriage with Ashraf groups. The Ajlaf are often descendants of local Hindu converts to Islam, and their position within Muslim society reflects both ethnic identity and occupational status.

• Arzal (Lowest Status): The Arzal, considered the lowest within the hierarchy, include those whose traditional occupations are often deemed “impure” or “polluting,” such as manual scavenging or leatherwork. This group faces the most severe forms of social stigma and discrimination within the Muslim community. They are often considered akin to the Dalits in Hindu society and face social exclusion, economic marginalization, and limited opportunities for upward mobility. Many among the Arzal face double marginalization, both within the Muslim community and from society at large.

These divisions create a rigid social hierarchy that affects marriage, social interactions, and economic opportunities, reflecting a deep-seated stratification within Indian Muslim society.

Impact on Social Mobility and Community Relations

The existence of caste-like features within Muslim society has significant implications for social mobility and intra-community relations:

• Restricted Social Mobility: Social stratification among Indian Muslims creates barriers to upward mobility, particularly for Ajlaf and Arzal groups. Occupational divisions often translate into economic disparities, limiting the opportunities for individuals from lower-status groups to access education, employment, and financial resources. This lack of social mobility perpetuates the socio-economic marginalization of certain communities, reinforcing the hierarchical structure.

• Endogamy and Marriage Practices: Endogamy is a deeply entrenched practice in Muslim society, where individuals are expected to marry within their own biradari. This practice reinforces social boundaries, preserving the status of elite groups like the Ashraf while limiting inter-group social integration. Inter-marriages between Ashraf and Ajlaf or Arzal are rare and often discouraged, maintaining social hierarchies and purity of lineage. For instance, Syeds are traditionally expected to marry within their own group, avoiding marriages with non-Syed Muslims, reinforcing the idea of “high-born” status.

• Social Discrimination and Prejudice: Social hierarchies create prejudices that lead to discriminatory behavior, such as exclusion from certain social gatherings, limited access to religious leadership roles, and restrictions on places of worship. Lower-status groups like the Arzal often face discrimination in mosques and other community spaces. In some cases, separate mosques or burial grounds are maintained for lower-caste Muslims, similar to the segregation seen in Hindu society.

• Economic Disadvantages: Certain occupations traditionally associated with lower-status groups, such as weaving or leatherworking, are often less economically viable today, further contributing to the economic marginalization of Ajlaf and Arzal groups. These groups may lack the resources to access higher education or stable employment, which limits their ability to improve their socio-economic status.

Modern-Day Challenges and Efforts for Change

In recent years, there has been growing awareness of the caste-like hierarchy within Indian Muslim society, and efforts have been made to address these social injustices. However, significant challenges persist:

• Resistance to Reform: Many Ashraf communities are reluctant to acknowledge or address caste-like discrimination, viewing it as a sensitive issue that could undermine communal unity. Consequently, efforts to openly discuss caste within Muslim society often face resistance, as it contradicts the egalitarian principles of Islam.

• Lack of Legal Recognition and Protections: Unlike Dalits in Hindu society, who are recognized as Scheduled Castes (SCs) and granted certain legal protections and affirmative action benefits, Muslims belonging to lower-status groups like the Ajlaf and Arzal are not officially recognized under the same classification. Although some Muslim communities have been included in the Other Backward Classes (OBC) category, the benefits are limited and do not adequately address the unique challenges faced by lower-status Muslim groups.

• Underrepresentation in Political and Social Leadership: Lower-status groups within Muslim society often lack representation in political and religious leadership. This underrepresentation limits their ability to advocate for reforms and address caste-based discrimination within the community. Political and religious leadership is often dominated by the Ashraf, further entrenching the existing hierarchy.

• Social Movements and Advocacy: There have been attempts by certain social reform movements and community leaders to address caste-like discrimination within Muslim society. Organizations advocating for the rights of lower-status Muslim groups, such as Pasmanda Muslim Mahaz, have emerged, bringing attention to issues faced by Ajlaf and Arzal communities. These movements seek to raise awareness about caste-based discrimination and promote social justice and equality within the Muslim community.

Conclusion

While Islam’s teachings emphasize equality and brotherhood, caste-like features persist within Indian Muslim society, influenced by historical, social, and cultural factors. This hierarchical structure, based on ethnic origins, occupational roles, and social status, creates divisions that affect marriage practices, social mobility, and economic opportunities for lower-status groups. Despite efforts to promote equality, these divisions continue to shape the lives of millions of Indian Muslims, often leading to marginalization and discrimination. Addressing these caste-like features requires a combination of social reform, political advocacy, and community awareness to ensure that all members of the Muslim community can access opportunities and live with dignity, consistent with the egalitarian values of Islam.

Indian society is pluralistic from religious point of view. Here, we have the followers of all the great religious systems. Hindus constitute the bulk of the population and they inhabit in all parts of the country. Muslims constitute the largest religious minority. But the adjustment between the Hindus and Muslims has been a failure several times, resulting in violent communal riots.

In the communal riots during the period of independence millions of people were rendered homeless while millions of others lost their property. Communalism was responsible for the division of the country into India and Pakistan. The partition was expected to resolve the riddle, but it failed. There is, yet, to develop the neighborhood living pattern between Hindus and Muslims.

Meaning of Communalism

Communalism, as we understand it in our country is blind loyalty to one’s own religious group. It is described as a tool to mobilize people for or against by raising an appeal on communal lines. Communalism is associated with religious fundamentalism and dogmatism.

Abdul Ahmed says, “Communalism is a social phenomenon characterized by the religion of two communities, often leading to acrimony, tension and even rioting between them”. Prabha Dixit writes, “Communalism is a political doctrine which makes use of religious and cultural differences to achieve political ends.

According to Asqhar Ali Engineer, Moin Shakir and Abdul Ahmed, “it is an instrument in the hands of to upper Cast to concentrate power by dividing people”. The elites strive to maintain a status quo against transformation by dividing people on communal and religious lines. Communalism may be perceived as a total commitment to a set of beliefs and it, s far from rationality.

Characteristics of Communalism

1. Communalism is an ideological concept,
2. It is a complex process,
3. It has a broader base which encompasses social, economic and political aspects for its manifestation.
4. It causes rivalry, violence and tension among masses,
5. It is used by the higher class people and elites as an instrument for division and exploitation of the communal identities of the poorer sections of their co-religionists.
6. Communalism is simply engineered by opportunistic political and economic interest of contending groups and factions within a political party or by political parties.
7. It strikes at the roots of democracy, secularism and national integration.
8. Its effects are disastrous.

Causes of Communalism

There are a number of causes which are responsible for the prevalence of communalism. Some of two important causes of communalism are discussed below.

1. Tendency of the Minorities:

The Muslims fail to be intermingled in the national mainstream. Most of them do not participate in the secular nationalistic politics and insist on maintaining tor separate identity the elite among the Muslims have failed to generate the appropriate national ethos.

2. Orthodoxy and Obscurantism:

The orthodox members of minorities feel that they have a distinct entity with their own cultural pattern, personal laws and thought. There are strong elements of conservatism and fundamentalism among the Muslims. Such feeling has prevented them from accepting the concept of secularism and religious tolerance.

3. Design of the Leaders:

Communalism has flourished in India because the communalist leaders of both Hindu and Muslim communities desire to flourish it in the interest of their communities. The demand for separate electorate and the organization of Muslim league were the practical manifestations of this line of thought. The British rule which produced the divide and rule policy, separate electorate on the basis of religion strengthened the basis of communalism in India Ultimately the partition of the country into India and Pakistan provided further an antagonistic feeling towards each other.

4. Weak Economic Status:

A majority of Muslims in India has failed to adopt the scientific and technological education. Due to their educational backwardness, they have not been represented sufficiently in the public service, industry and trade etc. This causes the feeling of relative deprivation and such feelings contain the seeds of communalism.

5. Geographical Causes:

The territorial settlement of different religious groups especially Hindus Muslims and Christians causes in them wide variation in the mode of life, social standards and belief system. Most of these patterns are contradictory and this may cause communal tension.

6. Historical Causes:

The Muslims, all over the subcontinent, are converts from Hinduism, which was facilitated due to the caste-hate relations and under the compulsions of Muslim rulers. The problems of social segregation, illiteracy and poverty that had set apart the low caste people remain unresolved for them, as the foreign elite that rubbed never shared power with them. Their work ended with the conversion of the Indians and the converts began by imitating the masters in thought, speech and dress. It caused their alienation. Gradually, elements of communalism entered in the Muslim community. The separatist elements in the Muslim community, from the very start of the national resurgence had discouraged others of their community, from associating themselves with it. As a result Muslim league was formed which demanded partition of the country.

7. Social Causes:

Cultural similarity is a powerful factor in fostering amicable relations between any two social groups. But the social institutions, customs and practices of Hindus and Muslims are so divergent that they think themselves to be two distinct communities.

8. Psychological Causes:

Psychological factors play an important role in the development of communalism. The Hindus think that the Muslims are fanatics and fundamentalists. They also believe that Muslims are unpatriotic. On the contrary, the Muslims feel that they are being treated as second rate citizens in India and their religious beliefs and practices are inferior. These feelings lead to communal ill-feeing.

9. Provocation of Enemy Countries:

Some foreign countries try to destabilize our country by setting one community against the other through their agents. Pakistan has played a role in fostering communal feeling among the Muslims of our country. Pakistan has been encouraging and promoting communal riots by instigating the militant sections of Indian Muslim community. Kashmir youths are trained by Pakistan to destabilize India’s internal security by spreading communal venom.

10. Negative Impact of Mass Media:

The messages relating to communal tension or riot in any part of the country spread through the mass media. This results in further tension and riots between two rival religious groups.

Suggestions for the Eradication of Communalism

The following measures may be taken for the eradication of communalism.

1. Abolition of Communal Parties:

All the political parties which thrive on religious loyalties should be banned or abolished by the government. Even non-political cultural organizations should always be kept under constant vigil so that they cannot preach communalism.

2. Transmission of the Past Heritage:

Feelings of nationalism should be inculcated in the minds of people by reminding them about the glorious moments of history in Hindus, Muslims and Sikhs were combined to safeguard the interest of the country.

3. Public Opinion:

Efforts should be made through mass media for changing the attitude of people towards other communities. People must be aware of the evils of the communalism.

4. Inter-religious Marriage:

Youth organizations and other types of associations should be formed in every locality to give opportunity to people of different communities to come closer and know each other. This may help them to practice inter-religious marriages which will lessen the social distance among the members of different religious groups.

Both the Government and people should make efforts for eradication of communal tension and conflict.

The structural form of caste, particularly in the context of Indian society, is a complex and historically entrenched system that has shaped social hierarchy, identity, and opportunity. Originating in ancient India, the caste system was formalized by religious texts and cultural practices, eventually becoming a deeply embedded social institution. Though it has evolved over time and across regions, the caste system remains a powerful structural force, influencing socio-economic status, social mobility, and even individual identity in various ways.

Origins of the Caste System

The caste system’s origins can be traced back to the Vedic Period, around 1500 BCE, when Indian society was organized into four broad varnas: Brahmins (priests and scholars), Kshatriyas (warriors and rulers), Vaishyas (merchants and artisans), and Shudras (laborers and service providers). These divisions were initially functional and occupational categories rather than strict social classes. Over time, however, they evolved into rigid hereditary groups, dictated by birth rather than profession, and became strongly associated with notions of purity and pollution.

Religious scriptures, particularly Manusmriti (Laws of Manu), codified caste distinctions and supported a hierarchical social structure that provided justifications for inequality. The texts associated each varna with specific roles and duties (dharma), which laid the groundwork for an entrenched system of hierarchy. This textual foundation helped institutionalize caste as a permanent social structure, with strict norms governing social behavior, interactions, and mobility.

Hierarchical Divisions and Social Stratification

The caste system is fundamentally hierarchical, characterized by a ranking of social groups. Traditionally, each caste group was assigned a position in a hierarchy, with Brahmins at the top, followed by Kshatriyas, Vaishyas, and finally Shudras. Below these groups were those regarded as “untouchables” or Dalits, individuals who were often excluded from the caste hierarchy altogether. The caste system’s hierarchy is maintained by endogamy (marrying within one’s caste), occupation-based restrictions, and ritual purity, which dictates who can associate with whom and under what conditions.

Each caste group is subdivided into jatis, or sub-castes, which further define social identity and roles within the larger varna system. Jatis represent local-level caste identities and often correlate to specific occupations, regions, and communities. This interplay between varna and jati contributes to an intricate, layered structure of social stratification that extends beyond simple hierarchies, making caste not just a form of social ranking but a means of organizing social, economic, and political life.

Cultural Functions and Social Order

The caste system, as a social structure, functions as a mechanism of social order by providing a framework for the distribution of social roles and responsibilities. Through the principles of dharma (duty) and karma (action and consequence), the caste system reinforces the belief that one’s position in the hierarchy is a result of past actions, either in this life or in past lives. This ideological framework discourages social mobility, as individuals are socialized to accept their caste status and perform their assigned duties without seeking to transcend their caste boundaries.

From a functionalist perspective, the caste system promotes social cohesion by binding individuals within a fixed structure, where each group plays a role essential to the stability of society. This system facilitates a division of labor and perpetuates a cultural logic in which hierarchy and inequality are seen as natural and inevitable. However, while it provides a degree of stability, it also enforces systemic discrimination and limits opportunities for those in lower castes.

Social Exclusion and Marginalization

One of the most significant aspects of the caste system’s structure is its capacity to exclude and marginalize groups, particularly Dalits and Adivasis (indigenous communities). The concept of “untouchability” has historically subjected Dalits to extreme discrimination, including restrictions on access to public spaces, limited economic opportunities, and exclusion from education and social services. Even today, caste-based discrimination persists in various forms, contributing to social and economic disparities that disproportionately affect these marginalized communities.

The structural form of caste thus operates as a mechanism of social exclusion, wherein lower castes and outcastes are denied access to basic rights and services. This exclusion not only reinforces economic inequalities but also perpetuates a social stigma that shapes the self-perception and social identity of those in oppressed castes.

Contemporary Implications and Challenges

Despite legal reforms and affirmative action policies designed to counteract caste-based discrimination, the structural form of caste remains deeply rooted in Indian society. The Indian Constitution of 1950 formally abolished “untouchability” and prohibited discrimination based on caste, yet caste identities continue to play a significant role in modern Indian politics, economics, and social dynamics.

Reservation policies, which reserve seats in government jobs and educational institutions for Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs), aim to address historical injustices and provide greater social mobility for marginalized groups. While these policies have contributed to the emergence of a new middle class among lower castes, they have also sparked debate and sometimes backlash, particularly among communities that feel excluded from reservation benefits.

Caste Beyond India: The Diaspora and Global Perceptions

In recent years, awareness of caste has grown beyond India, as the Indian diaspora and global human rights organizations recognize it as a form of systemic discrimination that affects millions worldwide. Caste discrimination has been reported in diaspora communities, where caste identities persist despite geographic relocation. Additionally, global organizations like the United Nations have advocated for caste to be recognized as a human rights issue, drawing attention to the need for international efforts to address caste-based inequalities.

Conclusion

The structural form of caste represents a historically entrenched system of social stratification that has shaped the lives and opportunities of millions. Rooted in religious texts and maintained through cultural practices, caste has evolved into a pervasive social structure that continues to influence contemporary society. While legal reforms and social movements have challenged caste-based discrimination, the caste system’s legacy of exclusion and marginalization persists, affecting both individual lives and social dynamics at large.

Caste remains one of the most powerful social institutions in the world, challenging the principles of equality and justice while revealing the resilience of traditional social structures. Addressing caste in its full complexity requires not only legal and policy changes but also cultural shifts that embrace inclusivity and reject the hierarchy that has long defined this social order.

The Hindus believe in a number of characteristics of Hindu social organisation. According to K.M. Panikkar the social structure of Hinduism rests on two fundamental institutions — the caste and the joint family. Anything and everything concerned with Hindus outside their religion is related to these two institutions. Prof. Y. Singh holds the view that the normative principles of Hinduism are based on beliefs, ideas and logic of permissiveness, liberalism, being and becoming, creation and destruction, utilitarianism and spiritual transcendence.

Broadly speaking the bases of Hindu social organisation may be viewed as follows:

1. The Life Cycle

Traditionally the Hindus believe in ‘Punarjanma’ or rebirth, immortality of soul, Pap (Sin) Punya (Merit) Karma (deeds) Dharma (morality) and Moksha (Salvation). The Hindu undergoes the process of the life cycle. His status, comfort and discomforts depend on the nature of his actions. The concept of ‘Karma’ implies that a Hindu is born into a particular social group or caste or family on the basis of his actions in the previous life.

The idea of ‘Dharma’ tells him that if he performs his duties well in this life, he is destined to take birth in a higher social group in the next birth. The idea of ‘Moksha’ teaches him that in order to attain salvation one will have to undergo the process of 84 lakhs of lives. This ‘Moksha’ reminded him that his sinful deeds or meritorious acts will determine the release of his soul from the necessity of birth and death.

2. Harmony

It is believed in Hinduism that as there is harmony between the various parts of the body, harmony is also evinced among various aspects of social life. Religion and rituals have interconnections and likewise every aspect of social life and action are interrelated. It is also said that a man performs action mentally or through spoken word or through body reactions known as ‘manas’, ‘bachha’ and ‘karmaya’ respectively. The whole of action springs out of these three interrelated aspects of the personality system.

3. Hierarchy

Hierarchy is also another base of the Hindu social organisation. In Hinduism hierarchy tends to persist in terms of the caste system as well as in the charismatic quality or gunas such as ‘Sattva’, ‘Rajas’ and ‘Tamas’, ‘Sattva’ refers to brightness and virtues and is possessed by the sages and Brahmins. It is of the highest type and the most virtuous among all the three gunas. The ‘Rajas’ come next to the ‘Sattva’. It refers to passionate commitment to action. The kings and Khatriya Varna possess this ‘Rajas’ guna. ‘Tamas’ or the lowest type of guna is possessed by the Sudras. It is associated with dullness and impels profane inclinations.

The Hindu value system is also not free from the principle of hierarchy. Hierarchical arrangements are also noticed in respect of the ‘Purusarthas’ or goals of life such as, ‘Kama’ comprising of pursuit of sex and material goals or sensory enjoyment, ‘Artha’ indicating accumulation of wealth, ‘Dharma’ referring to moral obligation in the realm of social, religious and cultural sphere. The utmost value is attached to ‘Moksha’, the pursuit of salvation from the chain of birth and rebirth. In the hierarchy of purusarthas ‘Kama’ is given the least importance.

4. Segmental Division of Society

The entire Hindu society is divided into different segments on the basis of division of labour and differential privileges and disabilities of various groups. The division of labour is based on the charismatic qualities (gunas) of individuals, ‘Sattva’ is considered the highest and the most virtuous among the gunas’. It is associated with the sages and Brahmins, ‘Sattva’ is followed by ‘Rajas’ which represent passionate commitment to action and power. The kings and Kshatriyas are endowed with such qualities. ‘Tama’ comes at the lowest level. It is associated with dullness and profane inclinations.

5. The concept of purity and pollution

The idea of purity and pollution has sufficiently influenced the Hindu social life. Of course regional variations are marked in respect of the concept of purity and pollution. These concepts are considered important in matters of commensal relation, in touching or maintaining physical distance, in inter-caste marriages and in personal life of the Hindus. Purity and pollution are considered important on occasions like birth, marriage, menstruation, death, offering of prayer etc.

The concept of purity has got wider implications. It is not only confined to the action of men, but also extends to their level of thinking. Thinking ill of others is also considered impure and sinful. Violation of the rules necessitates purificatory rites. The rigorousness of the rites depend upon the seriousness of the act of violation.

6. Idol worship

Idol worship is the most noticeable common feature of the Hindu religion. The Hindus are divided into different sects. Therefore uniformity is not maintained in worshipping a particular idol. Idols vary along with variations in sects, the most common idols being Rama, Krishna, Shiva, Ganesh, Hanuman etc. The idols may be worshipped regularly in the temples or on specific occasions. The temples are protected from pollution through prohibition of entry of followers of other religions.

7. Monolithic Character

Hinduism is not a uniform monolithic religion which believes in single God. It derives its strength from flexibility and gives place to non-caste, anti-Vedic groups.

8. Transcendentalism

Another striking feature of Hindu social life is the belief that life transcends the existence of the earth. The Hindus believe that the soul and life hereafter represent higher level of existence whereas ‘maya’ or illusion represents the earth as a thing.

9. Intellectualism

From the Vedic age the Hindu attitude has always been directed towards the tradition of intellectualism. The Hindu has always endeavored to cognize the problem of life and existence from detached point of view. His thinking has always been rationally conditioned. This rationalization of scheme of life has also been reflected in the Ashram system.

10. Non-violence

Non-violence or Ahimsha is the pivot around which moves entire social life of Hindus. The concept of Dharma is based on the conception of non-violence which presupposes that man should not do harm to any living being whether man or animal or tree. An essential attribute of non-violence is the charity to all and malice towards none.

However, there is divergence of opinion among the Hindus regarding belief in non-violence. Whereas one school holds the principles of non-violence, the other school maintains that religious violence is not alien to Hinduism.

In Bhagavad-Gita reference may be made to violence. The emphasis on sacrifice did not undermine the principles of non-violence. On the other hand, during the predominance of Bhakti cult throughout the country the consensus was definitely against the use of violence.

The origin of non-violence in Hinduism may be traced back to the post-twelfth century A.D., only after the emergence of Vaishnavism and Shaivaism with their devotional and ritual aspects. It nourished during 15th and 16th century A.D. with emergence of sages who not only carried religious belief to the people but also replaced the ritual ridden religious beliefs by simple humanistic values, criticizing orthodoxy. These saints include Kabir and Tulasidas in U.P., Guru Nanak in Punjab, Shrichaitanya in Bengal, Mirabai in Rajasthan and Tukaram and Ramdas in Maharashtra.

11. Male ascendancy

The Hindu society has always accorded emphasis on male. Indian society, from the very beginning, has been patriarchal and the male ascendancy has been unquestionably accepted by all throughout the ages. This is not to say that women are not respected among the Hindus but it only indicates that males had dominated the social and religious life of the Hindus throughout the ages.

12. Marriage and Family

Manage and family are very old institutions and are universal. Among the Hindus there are certain rules and regulations which govern the family life and also conditions of married life. Prescriptions are also there relating to the selection of life partner. Marriages among such near relatives as the father and daughter or sister and brother are forbidden in almost every society. Whereas in other societies particularly in western society, marriage is considered more a friendship rather than a bond with a religious sanction, vice-versa is the case in Hindu society.

In our system marriage is considered not only an institution necessary for procreating the children but it is essential for an ideal household. P.H Prabhu says in this connection that for the Hindu marriage is Sanskara and as such, the relations between the marrying parties are of sacramental character and not a contractual nature. Because apart from the necessity of begetting a son, in order to assist the householder in the discharge of his obligations (rinas), it has been ordained by the Dharma Sautra that wife is a necessary complement as the Grihapatni (i.e. the lady of the house) for the proper and full execution of his Dharmas as the Grihapati (i.e. the lord of the House).

13. Attitude towards women

During the Vedic age the women were respected in society. However, gradually they lost respect in society. From the status of equality they began to be considered inferior and unequal. Due to frequent foreign invasions and conditions prevailing in those times, education and other facilities extended to women were denied to them, for centuries then in the Hindu society women did not enjoy the same equal social status which they once enjoyed.

P.H. Prabhu says, “Thus, during Vedic period, we have reasons to believe that so far as education was concerned the position of the women was gradually not unequal to that of men.” He further says, “but in the same (Satapatha) Brahman there is another passage which shows that woman is regarded as the more emotional and less rational by virtue than man. Therefore she is apt to fall an easy prey to external appearance, she lacks the ability for true appreciation or balance of mind and does not possess depth of reason.”

Social legislation related to women encompasses a variety of laws, policies, and legal reforms aimed at ensuring equality, protection, and empowerment for women in society. These laws seek to address issues of gender discrimination, violence, property rights, employment, and reproductive health. Historically, women have faced systemic disadvantages, and social legislation has been instrumental in promoting women’s rights and reducing these disparities.

Historical Context and Evolution of Women’s Rights

The emergence of social legislation specifically addressing women’s rights can be traced to the broader feminist movement and the demand for gender equality. Early reforms aimed at addressing the most overt forms of inequality, such as voting rights and education access. However, as awareness of the complex challenges women face has grown, social legislation has evolved to cover a wide range of issues, including workplace rights, domestic violence, and personal freedom.

In India, for example, social legislation for women began with laws such as the Hindu Widow Remarriage Act of 1856 and the Child Marriage Restraint Act of 1929, which were aimed at addressing social customs that restricted women’s rights and freedoms. In more recent years, legal reforms have expanded to provide comprehensive protections in areas such as reproductive health, property rights, and workplace harassment. These changes reflect a growing recognition of women’s rights as human rights and the importance of promoting gender equality through legislative measures.

Rights-Based Laws: Ensuring Equality and Empowerment

Rights-based social legislation focuses on ensuring equal treatment and empowering women to participate fully in social, economic, and political life. These laws are designed to eliminate systemic discrimination and provide women with the legal means to exercise their rights.

1. Right to Education: Education is a fundamental right for all, and social legislation has played a crucial role in ensuring that girls and women have equal access to education. Laws such as the Right to Education Act, 2009 in India mandate free and compulsory education for children aged 6 to 14, which has increased enrollment rates for girls and has been a significant step toward reducing the gender gap in education.

2. Equal Employment Rights: Social legislation has also aimed at promoting gender equality in the workplace. The Equal Remuneration Act of 1976 in India mandates equal pay for men and women for the same work. The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 aims to provide a safe and respectful work environment by defining sexual harassment and establishing guidelines for its prevention. Such laws are crucial for women’s economic empowerment, allowing them to participate in the workforce without fear of harassment or discrimination.

3. Political Participation: Social legislation also supports women’s right to participate in political life. Various laws, such as reservation policies for women in local governance (Panchayati Raj), ensure that women have opportunities to participate in decision-making processes. This kind of legislation has led to an increase in women leaders at the local level, promoting gender representation and empowering women to influence policies affecting their communities.

4. Property and Inheritance Rights: In many societies, women have historically been denied equal rights to property. Social legislation, like the Hindu Succession (Amendment) Act, 2005 in India, has provided women with equal inheritance rights, ensuring that daughters have the same rights to ancestral property as sons. Property rights are essential for economic independence and empowerment, and these legal protections enable women to secure assets and financial stability.

Protective Legislation: Safeguarding Against Violence and Exploitation

In addition to rights-based legislation, protective laws are enacted to shield women from violence, exploitation, and abuse. These laws address issues such as domestic violence, dowry, trafficking, and female infanticide.

1. Domestic Violence Protection: Domestic violence is a pervasive issue that affects women globally. The Protection of Women from Domestic Violence Act, 2005 in India provides a legal framework for women to seek protection and justice in cases of domestic abuse. This legislation defines domestic violence broadly, including physical, emotional, sexual, and economic abuse, allowing women to seek protection orders, financial support, and custody of their children.

2. Dowry Prohibition: The dowry system has historically been a source of exploitation and abuse for women. The Dowry Prohibition Act, 1961 criminalizes the giving and receiving of dowry, with penalties for violations. Despite challenges in enforcement, this law represents a significant step toward ending the financial exploitation of women associated with dowry demands and the violence that often accompanies it.

3. Anti-Trafficking Laws: Women and girls are often vulnerable to human trafficking, which exposes them to sexual exploitation and forced labor. The Immoral Traffic (Prevention) Act, 1956 in India and similar laws in other countries aim to prevent trafficking and provide rescue, rehabilitation, and reintegration services for victims. Anti-trafficking laws also focus on prosecuting offenders, disrupting trafficking networks, and protecting vulnerable women from exploitation.

4. Laws Against Female Infanticide and Feticide: In countries where a preference for male children exists, practices such as female infanticide and sex-selective abortion have led to a decline in the female population. The Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 in India bans sex determination and seeks to prevent female feticide. This law protects the right to life of female children, addressing deep-seated cultural biases that favor sons over daughters.

Reproductive Rights and Health Legislation

Women’s reproductive health is a crucial area of social legislation, with laws designed to ensure access to healthcare services, safe childbirth, and abortion rights. These laws are fundamental to women’s physical autonomy and bodily integrity.

1. Maternity Benefits: The Maternity Benefit Act, 1961, as amended in 2017, provides for paid maternity leave, nursing breaks, and protection against dismissal during pregnancy. This law ensures that women do not face employment discrimination due to pregnancy and can take time off for childbirth and recovery, promoting both health and economic security.

2. Abortion and Reproductive Health: The Medical Termination of Pregnancy (MTP) Act, 1971 in India regulates abortion and grants women the right to terminate a pregnancy under certain conditions, safeguarding their reproductive autonomy. Amendments to the MTP Act in 2021 have expanded the scope of safe abortion services, especially for victims of rape, incest, and women with health complications, emphasizing the importance of choice and autonomy in reproductive decisions.

3. Access to Contraception and Family Planning: Social legislation in many countries promotes family planning programs and access to contraception to ensure that women can make informed decisions regarding family size and spacing. These programs have been effective in improving women’s health and increasing their control over reproductive choices.

Contemporary Challenges and the Need for Further Reforms

While social legislation has made significant progress in protecting and empowering women, there are still challenges to effective implementation and enforcement. Issues such as lack of awareness, cultural resistance, and bureaucratic inefficiency can hinder the impact of these laws. Moreover, there are still gaps in legislation that leave certain areas unprotected or under-addressed, such as marital rape and economic equality.

Additionally, intersectional discrimination poses unique challenges for women from marginalized communities, such as those who are economically disadvantaged or belong to minority ethnic or religious groups. Legislators and policymakers must consider these diverse experiences to ensure that social legislation is inclusive and effective for all women, regardless of their background.

Conclusion

Social legislation related to women is crucial for promoting gender equality, protecting human rights, and empowering women to participate fully in society. Through rights-based, protective, and health-focused laws, many of the most pressing issues facing women have been addressed, offering legal tools to safeguard their rights and freedoms. However, continued efforts are needed to ensure effective implementation, address legislative gaps, and tackle the deep-seated cultural norms that perpetuate gender discrimination. Social legislation for women represents a commitment to a fair and just society, and it will continue to play a vital role in the journey toward gender equality and social justice.

Kinship is one of the main organizing principles of society. It is one of the basic social institutions found in every society. This institution establishes relationships between individuals and groups. People in all societies are bound together by various kinds of bonds.

The most basic bonds are those based on marriage and reproduction. Kinship refers to these bonds, and all other relationships resulting from them. Thus, the institu­tion of kinship refers to a set of relationships and relatives formed thereof, based on blood relationships (consanguineal), or marriage (affinal).

There are different definitions of kinship. A few definitions are examined here.

‘The social relationships deriving from blood ties (real and supposed) and marriage are collectively referred to as kinship.’

– Abercrombie et al.

‘Kinship is the socially recognized relationships between people in a culture, who are either held to be biologically related or given the status of relatives by marriage, adoption, or other rituals. Kinship is a broad-ranging term for all the relationships that people are born into or create later in life that are considered binding in the eyes of their society. Although customs vary as to which bonds are accorded more weight, their very acknowledgement defines individuals and roles that society expects them to play.’

– Encyclopedia Britannica

‘Kinship is the recognition of relationships between persons based on descent or marriage. If the relationship between one person and another is considered by them to involve descent, the two are consanguine (“blood”) relatives. If the relationship has been established through marriage, it is affinal.’

– L. Stone

‘Kinship is a system of social relationships that is expressed in biological idiom using terms like “mother”, “son”, and so on. It is best visualized as a mass of networks of related- ness, not two of which are identical, that radiate from each individual. Kinship is the basic organizing principle in small-scale societies like those of the Aborigines and pro­vides a model for interpersonal behaviour.’

– R. Tonkinson

‘Kinship encompasses the norms, roles, institutions and cognitive processes refer­ring to all the social relationships that people are born into, or create later in life, and that are expressed through, but not limited to a biological idiom.’

– Laurent Dousset

Types of Kinship

In any society, kin relationships are based either on birth (blood relations), or marriage. These two aspects of human life are the basis for the two main types of kinship in society.

1. Consanguineal Kinship:

It refers to the relationships based on blood, i.e., the relationship between parents and children, and between siblings are the most basic and universal kin relations.

2. Affinal Kinship:

It refers to the relationships formed on the basis of marriage. The most basic relationship that results from marriage is that between husband and wife.

Degree of Kinship

Any relationship between two individuals is based on the degree of closeness or distance of that relationship. This closeness or distance of any relationship depends upon how individuals are related to each other.

Kinship basically has three degrees, which can be explained in the following ways (Figure 3):

Primary Kinship

Primary kinship refers to direct relations. People who are directly related to each other are known as primary kin. There are basically eight primary kins—wife father son, father daugh­ter mother son, wife; father son, father daughter, mother son, mother daughter; brother sister; and younger brother/sister older brother/sister.

Primary kinship is of two kinds:

1. Primary Consanguineal Kinship:

Primary consanguineal kin are those kin, who are directly related to each other by birth. The relationships between parents and children and between siblings form primary kinship. These are the only primary consanguineal kin found in societies all over the world.

2. Primary Affinal Kinship:

Primary affinal kinship refers, to the direct relation­ship formed as a result of marriage. The only direct affinal kinship is the rela­tionship between husband and wife.

Secondary Kinship

Secondary kinship refers to the primary kin’s of primary kin. In other words, those who are directly related to primary kin (primary kin’s primary kin) become one’s secondary kin. There are 33 secondary kin.

Secondary kinship is also of two kinds:

Secondary Consanguineal kinship:

This type of kinship refers to the primary con­sanguineal kin’s primary consanguineal kin. The most basic type of secondary consan­guineal kinship is the relationship between grandparents and grandchildren. In the Figure 3, there is a direct consanguineal relationship between Ego and his parents. For Ego, his parents are his primary consanguineal kin. However, for Ego’s par­ents, their parents are their primary consanguineal kin. Therefore, for Ego, his grandpar­ents are his primary consanguineal kin’s (his parents) primary kin. For him, they become secondary consanguineal kin.

Secondary Affinal Kinship:

Secondary affinal kinship refers to one’s primary affinal kins primary kin. This kinship includes the relationships between an individual and all his/her sisters-in-law, brothers-in-law, and parents-in-law. For an individual, his/her spouse is his/her primary affinal kin, and for the spouse, his/her parents and siblings are his/her primary kin. Therefore, for the individual, the parents of brother/sister-in-law will become his/her secondary affinal kin. Similarly, any sibling’s spouse or sibling’s parents-in-law will become secondary affinal kin for an individual.

Tertiary Kinship

Tertiary kinship refers to the primary kin of primary kin’s primary kin or secondary kin of primary kin primary kin of secondary kin. Roughly 151 tertiary kin have been identi­fied.

Like other two degrees of kinship, tertiary kinship also has two categories:

Tertiary Consanguineal Kinship:

Tertiary consanguineal kinship refers to an individual’s primary consanguineal kin (parents), their primary kin (parents’ parents), and their primary kin (parent’s parent’s parents). Thus, the relationship is between great grand­children and great grandparents, and great grand aunts and uncles, and consequently the relationship between great grand uncles and aunts and great grand nieces and nephews.

In Figure 3, Ego’s primary kin are his parents, their primary kin are his grandparents and his grandparent’s primary kin (who are Ego’s primary kin’s primary kin’s primary kin) are his great grandparents. Thus, tertiary kin are primary kin’s primary kin’s pri­mary kin.

This relationship can be seen in different ways – Ego’s tertiary kin are his pri­mary kin’s (parents) secondary kin (father’s grandparents), thus showing that tertiary kin are primary kin’s secondary kin. Another way of looking at this same relationship is by showing that Ego’s tertiary kin are his secondary consanguineal kin’s (his grandpar­ents) primary kin (grandfather’s parents), which proves that tertiary kin can be second­ary kin’s primary kin.

Tertiary Affinal Kinship

Tertiary affinal kinship refers to primary affinal kin’s pri­mary kin’s primary kin, or secondary affinal kin’s primary kin, or primary affinal kin’s secondary kin. These relationships are many, and some examples will suffice at this stage of tertiary affinal kin can be spouse’s grandparents, or grand uncles and aunts, or they can be brother or sister-in-law’s spouses or their children. Let us try and understand these relationships with the help of an illustration.

Descent:

Descent refers to the existence of socially recognized biological relationship between individuals in society. In general, every society recognizes the fact that all offspring or children descend from parents and that a biological relationship exists between parents and children. It refers to a person’s offspring or his parentage. Thus, descent is also used to trace one’s ancestry.

Lineage:

Lineage refers to the line through which descent is traced. This is done through the father’s line or the mother’s line or sometimes through both sides. Both descent and line­age go together as one cannot trace descent without lineage.

Importance of Kinship in Rural Society

It is important to study kinship, as it helps in sociological and anthropological theory building. Pierre Bourdieu, Levi Strauss and Evans Pritchard are some of the theorists, who have constructed various theories on the basis of kinship relations. However, except a few, no substantial work has been done on villages.

Kinship relations have been studied by the Indian sociologists or anthropologists. Most of them have concentrated on village, caste, family and other social institutions in rural areas. Few sociologists and anthropologists, such as, Irawati Karve, Rivers, and T. N. Madan have made certain notable contributions to the institution of kinship.

The importance of kinship in tribal/rural societies can be understood from the following discussion:

a. Kinship and its Relation to Rural Family, Property and Land:

The prime property of any rural family is land. So, land is related to all the kin members of the family. The sons, grandsons and other kins, who are related by blood and marriage, have their economic interests in land. Now-a-days, women are becoming aware that they are also entitled to get an equal share from the an­cestral property.

The emancipation movement of women demands that wom­en should not be deprived of the inheritance rights and should get all equal share of the property. In most of the village studies, property and kinship are discussed in relation to each other.

The family members also gain status by the ownership of land. Even politi­cal status is determined by kinship relations in some cases. In the case of kin relations, related by blood and marriage, many economic and political con­cessions are given to the members of the kin. However, it does not mean that kinship relations are important only in rural society as they are also there in urban society too. As the urban community is widespread, there is hardly any chance for kin members to participate and meet in the social gatherings of the family.

b. Kinship and Marriage:

In every society, marriage has certain rules, such as endogamy, exogamy, incest taboos and other restrictions. These rules are ap­plicable to all the kins of the family. Usually, the rural people are more serious and strict in observing the rules related to marriage. Exogamy is commonly followed in most of the villages of India. The members of the villages do not prefer to marry within their own village. However, this rule can vary on the basis of the severity of rules of marriage.

Irawati Karve and A. C. Mayer in their studies on kinship have reported on the village exogamy. Mayer, in his study of Kinship in Central India, informs that village exogamy is violated in some of the cases, but it brings disrepute to the parties involved. It must be observed here that the study conducted by Mayer is an important document on village ethnography. Mayer further informs that inter-caste marriages, in all cases, are looked down by the village people. (Doshi S. L., and Lain P. C., Rural Sociology, p. 192)

c. Kinship and Rituals:

The role and importance of the kin members lies in the degree of close relationships among them. Their importance can be seen dur­ing the occasions, such as cradle ceremony, marriage and death. During a naming ceremony, it is the father’s sister, who has to give a name to the new­born. There are certain rites and rituals, which have to be performed by moth­er’s brother during the marriages of daughters.

The daughter’s parents make the payment in cash or kind to the son-in-law’s sister, who occupies an impor­tant place during a Hindu wedding, especially in South India. It is obligatory on part of the close kin relatives to offer gifts to the newly wed couples and in the same manner, these close relatives are equally rewarded from both sides (parents of the couple). During the occasions of death also, it is obligatory for the kinsmen to observe mourning for about 11 to 14 days (this period varies from region to region).

Changes in the Kinship Relations in Rural Society

Many changes are taking place in all the institutions of the rural society, includ­ing kinship relations. These changes can be noted as demand for ownership titles by women, rules of marriage are being challenged and the traditional rules regard­ing divorce are also getting weakened.

Though some of the aspects of kinship are losing their importance, few others are gaining prominence. Kinship is playing an important role in the field of politics, especially in rural elections to Panchayati Raj Institutions. Favoritisms, while distributing jobs, is being observed among the kins­men. Due to the emergence of such new forces, kinship may acquire new structure and form.

Difference between North Indian and South Indian Kinship system

Iravati Karve says that:

• Linguistic regions,
• Institution of caste, and
• Family organisation

are the most vital basis for understanding of the patterns of kinship in India. She divides the whole country into:

• northern,
• central,
• southern and
• eastern zones

Keeping in view the linguistic, caste, and family organisation. Kinship organisation generally follows the linguistic pattern but doesn”t always go hand in hand. Ex. MH has Dravidian impact, and the impact of northern neighbours speaking Sanskritic languages could be seen on the Dravidian kinship system.

Despite variations based on these factors, there are two common points:

• Marriage is always within a caste or tribe, and
• Marriage between parents and children and between siblings is forbidden.

Kinship in North India

In north India, there are:

• terms for blood relations, and
• terms for affinal relations.There are primary terms for three generations of immediate relations and these terms are not exchangeable between generation. All other terms are derived from the primary terms.

The northern zone consists the areas of the Sindhi, Punjabi, Hindi (Pahari), Bihari, Bengali, Assamese and Nepali languages. Kinship in these areas is characterised by:

• caste endogamy and clan exogamy, (gotra/pinda)
• incest taboos,
• local/village exogamy.

Taboos regarding sexual relations between primary kins are strictly observed.

The rule of sasan is key to all marriage alliances, that is, a person must not marry in his patri-family and must avoid marriage with sapinda kin. Sometimes a caste is also divided into endogamous gotras or exogamous gotras as also gotras which do not seem to have any function in marriage regulations.

Considerations of caste status tend to restrict the area of endogamy. Marriage prohibitions tend to bar marriage over a wide area in terms of kinship as well as space. Cognatic prohibitions and local exogamy are strictly adhered to in marriage alliances.

Four-gotra (sasan) rule, that is, avoidance of the gotras of father, mother, grandmother and maternal grandmother is generally practised among Brahmins and other upper castes in north India. However, some intermediate and most of the lower castes avoid two gotras, namely, that of father and mother.

Kinship in South India

The Nayars, tiyans, some Moplas in Malabar region and the Bants in Kanara district have matrilineal and matrilocal kinship systems, and it is called tharawad. It consists of a woman, her brothers and sisters, her own and her sister’s sons and daughters. No affinal relation lives in the tharawad. Some consanguines are excluded (children of the males). There are no husband-wife, father-children relations in a tharawad.

In the southern zone there is the system of:

• Caste endogamy and clan exogamy.
• There are inter-marrying clans in the same village.
• Castes are divided exogamous clans. Inter-clan marriages do not cover all clans.
• Within an endogamous caste, there are smaller circles of endogamous units made up of a few families giving and receiving daughters in marriage.
• Preferential marriages with cross cousins.

The southern zone has its peculiar features which are quite different from that of the northern part of India. Preferential marriages with cross cousins are particularly prevalent in the southern zone. The main thrust of such a system of preferential marriages lies in maintaining unity and solidarity of the clan and upholding of the principle of exchange of daughters in the same generation. (Levi-Strauss” idea)

However, there are taboos on marrying of younger sister’s daughter, levirate, and mother’s sister’s daughter. Maternal uncle and niece marriages and cross-cousin marriages result in double relationships. A cousin is also a wife, and after marriage a cousin is more of a wife than a cousin.
Comparison

1. In a southern family, there is no clear-cut distinction between the family of birth, that is, family of orientation and family of marriage, that is, family of procreation as found in the northern family. In the north, no member from Ego’s family of orientation can become a member of his family of marriage; but this is possible in the south.
2. In the north, an Ego (person under reference/study) has some kin who are his blood relatives only and others who are his affinal. In the south blood relatives are affinal kin at the same time.
3. In the south, organization of kin is arranged according to age categories in the two groups, that is, older than Ego (tam-mun) and younger than Ego (lam-pin) (tain is ‘self’, mun is ‘before’ and pin is ‘after’).
4. In the south, kinship organization is dependent on the chronological age differences while in the north, it is dependent on the principle of generational divisions.
5. No special norms of behaviour are evolved for married girls in the south whereas in the north, many restrictions are imposed on them.
6. Marriage does not symbolize woman’s separation from her father’s house in the south but in the north, a woman becomes a casual visitor to her parent’s family.
7. In the north, marriage is to widen the kinship group while in the south it is to strengthen already existing bonds.

At the end, it can be concluded that both rigidity and flexibility exist side by side in regard to values and norms related to kinship systems. These are reflected in regard to divorce, widow remarriage, incest taboos, caste endogamy, rule of avoidance, family structure, systems of lineage and residence, authority system, succession and inheritance of property etc. The kinship organization in India is influenced by caste and language. In this age of sharp competition for status and livelihood a man and his family must have kin as allies.

Caste and linguistic groups may help an individual from time to time but his most staunch, trustworthy and loyal supporters could only be his nearest kin. It is, therefore, necessary that a person must not only strengthen his bonds with kin but should also try to enlarge his circle of kin. Cousin marriages, preferential mating, exchange rules and the marriage norms which circumvent the field of mate selection are now so changing that kinship relations through marriage are being extended and a person is able to get their help in seeking power and the status lift that power can bring. Kinship continues to be a basic principle of social organization and mobilization on the one hand and division and dissension on the other. It is a complex phenomenon, and its role can be sensed even in modern society.

Ethnic conflicts in India arise from a complex interplay of social, political, economic, and historical factors. India is a pluralistic society with diverse ethnic, linguistic, religious, and cultural identities, each with its unique history and set of challenges. The country’s diversity, while a source of strength, also brings about ethnic tensions that occasionally lead to conflicts. These conflicts are often exacerbated by political dynamics, economic competition, cultural discrimination, and historical grievances.

Historical and Colonial Legacy

The roots of many ethnic conflicts in India can be traced to historical and colonial legacies. During British rule, divide and rule policies emphasized religious and ethnic distinctions to control different communities, sowing seeds of division that would later contribute to conflicts. Partition of India in 1947 was a significant event that further deepened these divisions, resulting in the displacement and death of millions. This created lasting animosities and traumatic memories, particularly between Hindus and Muslims, that occasionally resurface as ethnic tensions.

One prominent example of a conflict rooted in historical grievances is the Kashmir conflict. The Instrument of Accession signed in 1947, by which the princely state of Jammu and Kashmir acceded to India, remains a contentious issue. Religious differences, political ambitions, and territorial disputes between India and Pakistan have continued to fuel ethnic tensions in Kashmir. The Kashmiri Muslim community has often expressed grievances against the Indian government, leading to insurgencies and prolonged instability in the region.

Religious Differences and Communalism

Religious diversity in India is immense, with Hindus, Muslims, Sikhs, Christians, Buddhists, and many other faiths coexisting. However, this religious plurality has also led to communal tensions and, at times, violent conflicts. Communalism, or the allegiance to one’s religious group over national unity, is a significant factor in religious conflicts. Politicians have sometimes exploited communal sentiments for political gain, leading to a polarization of communities and escalating ethnic tensions.

One of the most significant instances of communal violence in India was the 2002 Gujarat riots, where communal clashes between Hindus and Muslims led to the loss of thousands of lives and widespread displacement. The Babri Masjid demolition in 1992, where a 16th-century mosque was destroyed in Ayodhya, triggered violent clashes between Hindus and Muslims across India, further widening communal divides. These examples highlight how religious tensions, often manipulated by political actors, can lead to severe ethnic conflicts.

Language and Cultural Identity

India’s linguistic diversity, with 22 officially recognized languages and hundreds of regional dialects, is both a testament to its rich cultural heritage and a source of conflict. Language-based identity is a powerful force in India, and linguistic communities often demand greater recognition, autonomy, or resources to preserve their cultural identity. Language conflicts arise when groups feel that their linguistic identity is under threat or that they are being economically marginalized.

The Anti-Hindi Agitations in Tamil Nadu during the 1960s exemplify this type of conflict. When the Indian government proposed making Hindi the national language, it sparked protests in Tamil Nadu, where Tamil speakers feared the imposition of Hindi would threaten their cultural and linguistic identity. These protests eventually led to changes in policy, allowing both Hindi and English as official languages. This example shows how language can become a deeply divisive issue, capable of mobilizing communities to protect their cultural autonomy.

Another example is the Gorkhaland movement in West Bengal, where the Gorkha community has demanded a separate state within India to preserve its cultural and linguistic heritage. This movement has led to periodic protests, strikes, and clashes with state authorities, highlighting the role of linguistic identity in ethnic conflicts.

Economic Competition and Resource Distribution

Economic disparities and competition for resources often serve as a catalyst for ethnic conflicts, especially when certain groups feel that they are marginalized or excluded from economic opportunities. In multi-ethnic regions, the perception of unequal development or favoritism can breed resentment, leading to demands for greater autonomy or resource control.

In the northeastern states of India, for example, many indigenous ethnic communities feel that they are economically marginalized compared to the rest of the country. Assam has seen a history of ethnic conflicts between indigenous Assamese and migrant communities, particularly Bengali-speaking Muslims and Hindus. The Assam Movement in the 1980s, aimed at expelling “foreigners” and protecting the economic and cultural rights of the Assamese people, eventually led to the signing of the Assam Accord. Despite this accord, tensions remain, often fueled by the perception that migrant communities take away jobs and resources from the indigenous population, leading to periodic outbreaks of violence.

Similarly, in Jharkhand and Chhattisgarh, indigenous communities have often clashed with industrial interests and migrant laborers over land and resource ownership. The demand for tribal rights over land and forests is a central issue in these regions, with local communities resisting what they view as economic exploitation and environmental degradation.

Political Manipulation and Identity Politics

Political parties in India sometimes leverage ethnic identities for electoral gain, a practice known as identity politics. By appealing to specific ethnic or religious groups, politicians can mobilize support, but this often leads to polarization and ethnic conflict. The competitive nature of Indian politics can sometimes encourage the use of divisive tactics, with politicians stoking ethnic or communal sentiments to consolidate votes.

In Maharashtra, for example, the Shiv Sena party has historically used Marathi identity as a basis to mobilize political support. The party’s Sons of the Soil policy targets migrants from other parts of India, especially North Indian laborers, accusing them of taking jobs away from Marathi-speaking locals. This has led to tensions between Marathi and non-Marathi communities, resulting in instances of violence and discrimination against migrants.

Similarly, in Punjab during the 1980s, Sikh identity became a focal point for political mobilization, leading to the rise of Khalistani separatism. The demand for an independent Sikh state, fueled by both political grievances and religious identity, resulted in an insurgency that took years to control, causing significant loss of life and economic instability.

Autonomy and Secessionist Movements

In some cases, ethnic conflicts arise from demands for greater autonomy or even secession from the Indian Union. These demands often emerge from communities that feel politically or culturally distinct from the rest of India, such as the tribal communities in the Northeast. The unique ethnic composition of states like Nagaland, Manipur, and Mizoram has led to movements that demand either autonomy within India or complete independence.

The Naga insurgency is a prominent example of a conflict rooted in demands for independence. The Naga community has long sought an independent state due to its distinct cultural and ethnic identity, and the conflict has resulted in clashes with the Indian military. Though peace accords have been signed, the movement continues to affect the region, and tensions persist among various ethnic groups within the state and neighboring areas.

In the northeastern region as a whole, issues of ethnic autonomy, coupled with economic marginalization, have led to the rise of various militant groups, such as the ULFA (United Liberation Front of Assam), which seek greater autonomy or independence. These conflicts underscore how ethnic identities can be a foundation for separatist aspirations, especially in regions that perceive themselves as culturally distinct.

Conclusion

Ethnic conflicts in India are driven by a myriad of factors, including historical legacies, religious differences, language and cultural identity, economic competition, political manipulation, and demands for autonomy. While these conflicts reflect genuine grievances, they are often exacerbated by political actors who exploit ethnic identities for personal or electoral gain, further deepening divisions.

Addressing these conflicts requires a multi-faceted approach, including promoting economic development, fostering inter-community dialogue, strengthening legal protections for minority groups, and ensuring inclusive political representation. By understanding the complex reasons behind ethnic conflicts, India can work toward solutions that honor its diversity and protect the rights of all its communities. The nation’s success in managing ethnic diversity will be a testament to its commitment to democratic principles, social justice, and unity.

Capitalism, as an economic system, has been a defining force in shaping societies worldwide. Characterized by private ownership, profit motive, market competition, and minimal government intervention, capitalism has evolved over centuries, leading to significant social, economic, and cultural transformations.

The Development of Capitalism: A Historical Overview

The origins of capitalism can be traced to the feudal systems of medieval Europe, where economic power was concentrated in the hands of landowners, nobility, and the monarchy. The late medieval period saw the rise of mercantilism — a system where wealth was measured by gold and silver reserves, and nations sought economic dominance through colonization and trade monopolies. Mercantilism laid the groundwork for capitalism by promoting the accumulation of wealth, the growth of trade, and the emergence of new economic players, such as the merchant class.

The Industrial Revolution of the 18th and 19th centuries marked the next major phase in capitalism’s development. Advances in technology, such as the steam engine and mechanized factories, enabled mass production, leading to an expansion of goods, employment, and urbanization. As industries grew, so did the need for raw materials, labor, and new markets, paving the way for the global expansion of capitalist economies. Capitalism became increasingly associated with industrialization, urban labor markets, and the rise of powerful industrial capitalists, setting the stage for the modern economic system.

In the 20th century, capitalism evolved further with the rise of multinational corporations and the global financial system. Technological advancements and transportation improvements led to the rise of a globalized economy, where goods, services, and capital could move freely across borders. This era saw the emergence of consumer capitalism, driven by mass consumption and advertising. The capitalist model continued to adapt, embracing new technologies and financial innovations, ultimately shaping what we now recognize as contemporary capitalism.

Capitalism in India: A Historical Perspective

The development of capitalism in India followed a different trajectory due to its colonial past. British colonization established India as a source of raw materials and a market for British goods, disrupting traditional economies and introducing capitalist structures in a controlled manner. Indian industries, particularly textiles, were systematically dismantled to benefit British industries, leaving India dependent on British goods and de-industrialized.

After independence in 1947, India initially adopted a mixed economy model, combining socialist planning with limited capitalist elements. The state controlled major industries, while private businesses operated in specific sectors. However, by the late 20th century, economic challenges, such as slow growth, high inflation, and balance of payment crises, prompted a shift. In 1991, India embarked on economic liberalization, opening its economy to global markets, foreign investment, and free-market policies. This marked a significant turning point, aligning India with capitalist economies and accelerating its integration into the global capitalist system.

The Impact of Capitalism on Contemporary Indian Society

Capitalism has transformed Indian society in profound ways, affecting economic structures, cultural norms, social relations, and the overall lifestyle of its people. The following sections outline the various impacts capitalism has had on contemporary India.

1. Economic Growth and Development

The adoption of capitalist policies in 1991 unleashed unprecedented economic growth in India. Liberalization enabled foreign direct investment (FDI), increased trade, and the entry of multinational corporations. As a result, India experienced a rapid increase in GDP, a boom in industries such as IT, telecommunications, pharmaceuticals, and automobiles, and a rise in employment opportunities.

Urbanization accelerated as people migrated from rural areas to cities in search of better jobs and livelihoods. This economic expansion has led to the creation of a sizable middle class, with improved access to education, healthcare, and consumer goods. The growth in disposable income has driven consumer spending, making India one of the world’s largest markets for consumer goods and services.

However, while capitalism has contributed to economic growth, it has also led to income inequality. A large portion of wealth generated in the capitalist economy has been concentrated among a small elite, while a significant part of the population, especially in rural areas, remains economically marginalized.

2. Changes in the Labor Market

The capitalist shift in India has reshaped the labor market, leading to the emergence of new employment sectors, particularly in information technology, services, manufacturing, and retail. Capitalism has enabled job creation but has also introduced a casualization of labor where temporary, low-paid, and insecure jobs are prevalent. Contract labor has become widespread, with workers often lacking job security, benefits, and social protections.

Moreover, capitalism has led to the growth of the gig economy, where digital platforms like Uber, Ola, Zomato, and Swiggy employ millions in short-term or part-time roles. This flexibility has provided income opportunities, but gig workers often experience low wages, no benefits, and a lack of long-term stability.

3. Consumer Culture and Lifestyle Changes

Capitalism has promoted a consumer culture in India, reshaping lifestyles and values. Indian society has seen a shift from traditional consumption patterns to a consumer-oriented mindset, driven by advertising, branding, and the availability of a vast array of consumer goods. The rise of shopping malls, online marketplaces, and international brands has introduced Indians to global consumer trends, creating aspirations for a Western-style lifestyle.

This consumerism has led to a growing emphasis on material wealth and social status, particularly among the youth. There is an increasing desire for luxury items, branded clothing, electronic gadgets, and automobiles. While this has driven economic activity, it has also contributed to rising household debt and financial stress as people strive to maintain consumerist lifestyles.

4. Social Inequality and Class Divide

While capitalism has enabled economic mobility for some, it has also widened social inequalities. The benefits of capitalist growth have not been evenly distributed, resulting in a wealth gap between the rich and the poor. High-income urban elites enjoy access to the best education, healthcare, and lifestyle choices, while many rural and urban poor struggle with inadequate services and limited economic opportunities.

The capitalist model’s emphasis on individual wealth and competition has created social stratification, where status and success are increasingly measured by material wealth. This class divide is visible in cities where luxury apartments and slums exist side by side. Rural areas have also suffered, as small-scale farmers and laborers face economic insecurity due to unequal access to resources and benefits from capitalist policies.

5. Influence on Culture and Values

Capitalism has introduced individualistic values and shifted social norms in India. Traditional values emphasizing community and collectivism have gradually given way to individual aspirations for wealth, success, and social mobility. This shift is particularly evident among the younger generation, which increasingly values personal achievement and career advancement over traditional familial and community responsibilities.

The influence of Western culture, driven by media, consumer brands, and globalized communication, has also impacted Indian society’s values. Family structures are changing, with an increase in nuclear families over joint families, reflecting a desire for independence. Capitalism’s emphasis on productivity and efficiency has also influenced India’s work culture, with more emphasis on time management, career orientation, and workplace competitiveness.

6. Environmental Consequences

Capitalism’s pursuit of economic growth and industrial expansion has led to significant environmental challenges in India. The increase in factories, mining, and construction has contributed to air and water pollution, deforestation, and loss of biodiversity. Additionally, the capitalist model’s focus on consumer goods and disposable items has resulted in an increase in waste generation and plastic pollution.

For example, urban centers such as Delhi and Mumbai face severe air pollution, often resulting in public health crises. Similarly, the demand for land for industrial use has led to the displacement of indigenous communities and the degradation of natural habitats, especially in states like Chhattisgarh and Jharkhand. Capitalism’s environmental impact has sparked a growing environmental movement in India, with many advocating for sustainable practices to mitigate damage caused by unchecked industrialization.

Conclusion

Capitalism has had a profound impact on contemporary Indian society, reshaping its economic landscape, cultural values, and social structures. The liberalization policies of 1991 marked India’s entry into the global capitalist economy, bringing economic growth, consumer culture, and significant lifestyle changes. However, capitalism’s influence has not been uniformly positive; it has widened economic disparities, introduced labor insecurities, and created environmental challenges. As India continues to integrate with the global economy, it faces the dual challenge of promoting economic growth while addressing the inequalities and environmental consequences of capitalist development.

To address these issues, India will need to adopt policies that promote inclusive growth, social protections, and sustainable practices. By balancing capitalist principles with social welfare measures, India can work toward a model that fosters both economic prosperity and social equity, ensuring that the benefits of capitalism reach all segments of society.

In the Hindu social system the concept of ‘varna’ has deeply influenced the interpretation of the “ethnographic reality” of caste. Varna has been the model to which the observed facts have been fitted. The ‘Varna’ is a complex term. The layman is unaware of its complexities. To him it means simply the division of Hindu society into four groups, viz., Brahmana, (Brahmin, traditionally priest and scholar), Kshatriya (ruler and soldier), Vaishya (merchant) and Shudra (Peasant, labourer and servant).

The first three groups i.e., Brahmin, Kshatriya, Vaishya are ‘twice — born’ as the men from these groups are entitled to undergo sacred thread at the Vedic rite of Upanayan, while the Sudras are deprived of it. The fourth division i.e., the untouchables are outside the varna scheme. The layman’s view of ‘Varna’, says Srinivas, “is a comparatively late view and ‘Varna’, which literally means colour, originally referred to the distinction between Arya and Dasa”. He says further, in the Varna scheme of the Vedas there are only four orders and the untouchables have no place in it. But there are references in the Vedic literature to groups such as the ‘Chandala’, ‘Nishada’ and ‘Paulakasa’.

The term ‘Varna’ is derived from Sanskrit root ‘Vri’, which is evolved by Shri Yaskacharya in ‘Nirukta’. ‘Vri’ literally denoting colour, originally referred to the distinction between ‘Aryavarna’ and ‘Dasavarna’. Varna has also been used for choice of occupation. According to Prof. Ghurye in the Rig-Veda the word ‘Varna’ is never applied to any of these classes i.e., Brahmin, Kshatriya, Vaisya etc.

It is only the Arya Varna or the Aryan people that is contrasted with the Dasa Varna. On the other hand, the Satapatha Brahmana describes the four classes as the four Varnas. ‘Varna’ denotes ‘colour’ and perhaps such a concept of Varna springs out of the contrast between the Arya and Dasa, referring to their fair and dark colours respectively.

However, the colour connotation of the word was so strong that later on when the classes came to be regularly described as Varnas, four different colours became associated with different castes. According to such an interpretation of Varna on the basis of colour, the Brahmins are associated with white, the Kshatryia with red, the Vaishya with yellow and Sudra with black colour. Ghurye held the view that the Rig-Vedic distinction between ‘Arya’ and ‘Dasa’ later gave place to the distinction between ‘Arya’ and ‘Sudra’.

However, the Rid Vedic literature gives a description regarding the division of society into three orders, namely, Brahmin, Kshatriya and Vaishya. The Brahmin and Kshatriya represented broadly the two professions of the poet-priest and the warrior-chief respectively. The last order was a group which comprised apparently all the common people. It is only in one of the later hymns, in the celebrated purushasukta, that a reference has been made to four orders of society as emanating from the sacrifice of the primeval being. Taittriya Samhita ascribes Varna to four limbs of the creator.

The name of these four orders is given as Brahmin, Kshatriya, Vaishya and Shudra. Bramha, the creator, said to have been created these four orders from different organ of his body, the Brahmin came from the mouth, Kshatriya from the shoulder, Vaishya from the thighs and the Sudras from the feet of the Creator. The status of a Varna in society is associated with the particular limb of Lord Bramha and its importance. Of course no such interpretation is directly given in the hymn.

As regards the traditional assignment of duties to these four orders, the Brahmins are associated with worship and teaching, the Kshatriya with fighting and defending the motherland, Vaishya with trade and commerce and the Sudra with the service of all the preceding varnas.

Interestingly the Rig-Vedic literature mentions three orders in society, but does not have a particular term to describe them. A term which is originally used to maintain the distinction in colour and appearance between the conquerors (Arya) and the conquered aborigines (Dasa) was used later as the basis of hierarchical division of the society.

The untouchables are not covered within the four-fold division of the Varna scheme and as such the fifth division consists of the untouchables. So they are called ‘avarnas’ or ‘panchamas’. But the Vedic literature contains the descriptions of ‘Ayogava’, ‘Chandala’, ‘Nishada’ and ‘Paulkasa’, who are not covered within the varna scheme and who seem to be despised. It appears to be more reasonable to hold that ‘Chandala’ and ‘Paulkasa’ were the sections of the aborigins who were particularly despised by the Aryans due to some reasons.

On the contrary, the Nishadas, seem to have gained the likes of the Aryans, probably because of their amenability to civilized notions. The Vedic expression ‘panchajanah’ is explained by tradition, to mean the four Varnas and the Nishadas. It becomes apparently clear that the Nishadas had, towards the later part of the Vedic period, became quite acceptable to the Aryans.

Briefly speaking the three classes of the early part of the Rig-Veda were later converted into four groups which became relatively compact. Along with that three to four groups which became relatively compact. Along with that three to four other groups were separately found. These social divisions were not considered rigid classes during the Vedic period, membership was not based on heredity.

Individual’s ‘guna’ (natural traits) and ‘karma’ (deeds) determined his membership. The Bhagavad-Gita contains the sayings of Lord Krishna in this regard, “Chaturvrnyam maya Sratham guna, Karma vibhagashah.” The Mahabharata also mentions the same idea regarding the determination of one’s Varna. It says that a person’s deed will determine his Varna and therefore hereditary occupation should not be followed rigidly. The choice of occupation should be made open. In the like manner, no restriction prevailed in matters of food and social intercourse among the Aryans. Due to such flexibility in the system, ‘Varna’s’ during the Vedic period, were considered “open classes”.

Manu, the great Hindu law giver, holds the traditional view of divine origin of the ‘Varna’s’ from the four limbs of the Supreme being. He considers the Brahmins as the supreme creation. But Manu does not support the view that there is a fifth ‘Varna’ in Hindu society. He finds out difference between the two concepts of ‘Varna’ and ‘jati’. He attributes the causes of origin of jatis (castes) to the consequences of inter-marriages among the original Varna’s which were only four in number.

During the days of Manu, the traditional pattern of stratification became very rigid. Therefore he formulated separate rules for each Varna and accorded punishments for violation of these rules. The higher classes got special rights and prerogatives. At the same time they were given special responsibility corresponding to their authority. It becomes obvious when we take into consideration the provision of punishments accorded by the penal authorities.

Manu is of the opinion that the retribution made for theft should be of the value of eight times in case of Shudra, sixteen times in case of a Vaishya, thirty two times if the person is a Kshatriya and even one hundred times in case of a Brahmin.

The Varna Vyavstha was a functional pre-requisite for the Hindu social system because of decentralization of power. The power of knowledge, power of arms, power of wealth and power of labour were distributed among the four Varna’s in accordance with their position in the hierarchy respectively, i.e. among the Brahmins, Kshatriya, Vaishya and Sudra respectively. Such an arrangement of doing away with the concentration of power in the hands of a particular class served as an antidote to exploitation and despotism.

Thus the possible evil consequences of centralization could be prevented due to Varna Vyavastha. Along with the decentralization of power, rewards were also distributed in different forms. Whereas the Brahmins were rewarded in the form of respect, the Sudras, at the other extreme, were rewarded in the form of rest. The Kshatriyas and Vaishyas were rewarded in the form of authority and wealth respectively. Such a distribution of rewards in the Varna scheme sealed the possibility of localization of power which is experienced in the present day society.

Thus the Varna Vyavastha exhibited a fine blend of the fundamentals of Hindu social organisation, the most significant being division of labour, decentralization of different aspects of power, assignment of duties, provision of rewards and the correct position of different values. The system was neither hereditary nor severe. It acknowledged the inherent qualities and tendencies of individuals. Simultaneously, it also had a psychological base. But gradually it became hereditary and rigid, lost its good qualities and degenerated into the caste system.

The Panchayati Raj System in India, a decentralized form of government introduced to promote local self-governance in rural areas, has had a transformative impact on the rural power structure. Rooted in democratic principles, the Panchayati Raj aims to empower local communities, enhance public participation in decision-making, and address grassroots-level issues. This system, formalized by the 73rd Constitutional Amendment Act of 1992, establishes elected Panchayats (village councils) across three levels—village, block, and district—to manage local governance.

The Panchayati Raj System has shifted power from traditional elites toward a more inclusive and democratic model of rural governance.

Historical Context and Objectives of Panchayati Raj

The concept of Panchayat (council of five) has existed in Indian society for centuries, traditionally functioning as informal councils led by local elders. However, these councils were often controlled by influential landowners or upper-caste elites, who wielded significant power over village decisions. With the advent of independence, the Indian government sought to modernize and democratize this local governance model to promote decentralized planning and self-reliance.

The 73rd Amendment Act of 1992 was a landmark step, enshrining Panchayati Raj Institutions (PRIs) as the third tier of government. This act provided a constitutional framework for PRIs, granting them authority over matters like agriculture, education, sanitation, and infrastructure development. Key features of the 73rd Amendment include:

1. Direct elections to Panchayats every five years.
2. Reservation of seats for Scheduled Castes (SCs), Scheduled Tribes (STs), and women.
3. Establishment of a three-tier structure: Gram Panchayat at the village level, Panchayat Samiti at the intermediate level, and Zila Parishad at the district level.
4. Financial powers and autonomy for local development, supported by funds allocated through State Finance Commissions.

The objective was to create a democratic governance structure at the grassroots level, empowering local populations to address their own needs and promoting inclusive development.

Impact of Panchayati Raj on Rural Power Structure

The introduction of the Panchayati Raj system has had a profound impact on the rural power structure, as it has brought governance closer to the people and redistributed power from traditional elites to previously marginalized groups.

1. Democratization of Rural Governance

The Panchayati Raj has democratized rural governance by introducing direct elections at the village level, enabling ordinary citizens to participate actively in the political process. Elections are now held regularly in rural areas, giving villagers the opportunity to choose their representatives. This shift has reduced the monopoly of power traditionally held by landowning families and caste elites, who historically controlled village affairs without democratic accountability.

The democratic framework provided by the Panchayati Raj has allowed citizens, particularly from marginalized communities, to challenge traditional hierarchies and engage in decision-making. It has led to the emergence of new leaders from diverse backgrounds, including lower castes and economically disadvantaged groups. This democratization has enhanced political awareness among rural populations, contributing to a broader understanding of rights and civic responsibilities.

2. Increased Social Inclusion and Empowerment of Marginalized Groups

A critical feature of the Panchayati Raj system is the reservation of seats for Scheduled Castes (SCs), Scheduled Tribes (STs), and women. By reserving positions within Panchayats, the system has empowered marginalized groups, allowing them to participate in governance and voice their concerns. This representation has been especially significant in communities where marginalized groups had limited access to social mobility and decision-making.

For instance, the reservation for Scheduled Castes and Scheduled Tribes has helped integrate these communities into the political mainstream, reducing caste-based oppression and giving them a stake in local governance. Studies indicate that SC and ST Panchayat members are now able to address issues that disproportionately affect their communities, such as sanitation, education access, and land rights.

In many regions, the Panchayati Raj system has contributed to the breakdown of caste hierarchies, as lower-caste individuals, once relegated to subordinate roles, now hold official positions. This empowerment has fostered self-respect and political confidence among marginalized groups, allowing them to challenge upper-caste dominance in village affairs.

3. Empowerment of Women

The Panchayati Raj system has also made strides in promoting gender equality by reserving one-third of seats for women across all levels of Panchayats. This reservation has been instrumental in increasing women’s political representation and participation in rural governance. Women leaders in Panchayats address issues such as healthcare, water supply, education, and domestic violence, areas that are often overlooked by male representatives.

The participation of women has led to improved governance in areas concerning family welfare and public health. Despite facing challenges, such as patriarchal resistance and lack of experience, women in Panchayats have shown resilience, transforming traditional attitudes toward women in leadership roles. In several states, reservations for women in Panchayats have been increased to 50%, further boosting their role in local governance.

The rise of women in local governance has challenged patriarchal norms, inspiring other women to participate in the public sphere. This empowerment has contributed to a shift in gender relations, with women in rural areas now gaining respect, status, and a sense of agency.

4. Challenges to Traditional Power Structures

The Panchayati Raj system has posed challenges to traditional power structures dominated by landed elites and upper-caste groups. Historically, these groups wielded power over the village’s social and economic activities, often controlling resources, land, and decisions affecting the village community. However, with the establishment of Panchayati Raj institutions, power is now formally vested in elected representatives, which has eroded the influence of these traditional elites.

In many regions, local elites still attempt to influence Panchayat elections, often backing candidates who will serve their interests. However, the Panchayati Raj system has weakened their control over local governance and challenged their authority by creating a platform for people’s voices. The Panchayati Raj’s focus on transparency and accountability further ensures that funds and development schemes are less likely to be monopolized by powerful families, reducing corruption and enhancing resource distribution to benefit the broader population.

5. Economic Decentralization and Development

Panchayati Raj institutions have been given financial powers to implement local development projects, which has democratized economic decision-making and reduced dependence on distant bureaucratic authorities. Funds are allocated to Panchayats for infrastructure development, education, agriculture, and social welfare schemes, allowing communities to address their unique needs.

The availability of funds has facilitated rural development projects, such as the construction of roads, schools, and healthcare centers, improving the quality of life for rural residents. Additionally, Panchayats have been involved in employment schemes like the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), which provides job opportunities for the rural poor. The economic empowerment of Panchayats has helped to decentralize power, further reducing the control that traditional elites held over local resources.

6. Promoting Accountability and Transparency

The Panchayati Raj system has introduced greater accountability and transparency in local governance. Elected Panchayat representatives are answerable to their constituents, unlike traditional leaders who held power by virtue of lineage or social status. Regular elections ensure that leaders are accountable for their performance, while social audits and Gram Sabhas (village assemblies) provide platforms for public oversight and participation.

The introduction of Gram Sabhas has also encouraged public participation in decision-making processes, allowing villagers to discuss and review budget allocations, development plans, and welfare programs. This participatory approach has led to a reduction in corruption and a greater sense of community ownership in development initiatives.

Challenges and Limitations of the Panchayati Raj System

Despite its successes, the Panchayati Raj system faces several challenges. In many cases, traditional elites continue to influence Panchayat elections, using money, social pressure, and caste networks to secure favorable outcomes. Additionally, lack of training and limited financial resources often hinder Panchayats’ ability to carry out development projects effectively.

There is also a need for capacity building among Panchayat members, particularly those from marginalized communities and women, who may lack experience or literacy required for effective governance. Furthermore, in certain regions, women elected to Panchayats face proxy representation, where male family members dominate decision-making, undermining the objectives of gender reservation.

Conclusion

The Panchayati Raj system has played a crucial role in transforming rural power dynamics by democratizing governance and empowering marginalized groups. By introducing electoral processes, reservations, and financial powers, it has provided a platform for inclusive development and challenged traditional power hierarchies that long dominated Indian villages. Although challenges persist, the system has laid a foundation for grassroots democracy and social equity, reshaping the rural power structure toward a more representative and accountable model.

Introduction

Marriage under Islam is a matrimonial relation and an institution that legalises the sexual activities between a male and female for the object of procreation of kids, promotion of love, mutual support, and creation of families, which are considered essential units in a society. Just like Hinduism, Islam is also a strong advocate of marriage. However, the Muslim conception of marriage differs from the Hindu conception, according to which marriage is not a mere civil contract but a sacrament. According to many philosophers, marriage in Islam is a religious duty. Everyone must marry in order to fulfil one’s desire for the legal procreation of kids.

Muslim law has been derived from various codified and uncodified sources, like the Quran, Ijma, Qiyas, customs, Urf, precedents, equity, and various legislation. There are four major Sunni schools of thought: Hanifa, Hambali, Maliki, and Shafi. These four schools recognise each other’s validity, and they have interacted in legal debate over the centuries. In India, the Hanifa school of Islamic law is dominant.

Marriages among Muslims, for instance, are not just wedding ceremonies but formal contracts known as Nikah, where the details of the marriage and other aspects are well negotiated and said in the presence of an Imam. These contracts consist of an offer and acceptance commonly referred to as Ijab and Qabul by either the spouses or their guardians willingly. Mahr is a sum of money that the groom has to pay to the bride, helping to express respect and hope on the groom’s side. Even though the Nikah may be conducted in secret, witnesses are mandatory, usually two males who are Muslims. Marriages that are recognized in Islamic law include other types other than the known “Sahih” (valid) marriage. Although many will disagree with the policy, polygamy permits a man to have up to four wives, but only on the condition that he can provide for all of them. Additionally, Muta or temporary marriage, is legal only among some Shia sects, while Sunnis do not admit it. Lastly, divorce in Islamic marriages is permitted, but it is preferred to seek a solution in order to save the marriage.

Background

Marriage under Muslim law cannot be seen as alien to the culture within which it is practised, as it has developed and matured over several centuries. It is important to note that the problems associated with Muslim marriages are not a peculiar notion. They are based on traditions that have been followed for centuries to the present day, where particular emphasis is placed on the fact that marriage is one of the most sacred unions in humane society, along with any religious affiliations that a person may have.

In pre-Islamic Arab society, women’s rights were highly suppressed in the socio-legal context, particularly to suit male dominated or patriarchal systems. Child marriage was also prevalent, and it was open to contract marriage with any woman without any restrictions. Moreover, marriages were allowed with some of the relatives but not with close relatives, that is, with the mother, sister, or any close family member. Intermarriages with other relatives were also permissible to some extent, but not with everyone. 

Divorce was quite simple and seemed like a masculine affair, and men had the exclusive privilege to end a marriage without the consent of the woman. While men enjoyed their limited rights and owned property, and some passed over inheritance, women did not have any rights at all and were considered to be the property of their male kinsmen.

The change in the status and rights of women occurred with the emergence of Islam and with the help of the Islamic prophet, the Prophet Muhammad. Islam treats women with honour and esteem, is de jure equal with men in many civil law matters, and is more or less equal in legal rights and roles. In Sharia, marriage, or ‘Nikah‘, is equivalent to a civil contract that acknowledges the personality and identity of women even in their married lives. The objective of this contract is to eliminate forceful consent, legally address procreation, and offer stability and honour in the union of matrimony.

The term ‘Nikah’ literally translates to the marriage of the sexes and has the connotation of a civil contract that shall seek to legitimise the relationship and maintain order in society. In addition to empowering women, it becomes the husband’s duty to respect his wife with a ‘Mahr’ (dower), a symbolic and mandatory payment proving due respect to the woman.

The injunctions found in Islamic law regarding the encouragement of marriage can be startling when compared with other religions that allow, and sometimes encourage, their clergy not to marry, like the Roman Catholic Church. Marriage is one of the most significant pillars of Islam, and it is considered the utmost necessity for producing a harmonious society and seeking happiness in personal life, while celibacy is not approved by any Islamic law. The change that Islam introduced further acknowledged marriage as one of the main pillars of society’s structure and also upheld the fact of women’s equality and dignity in this context.

Concept of marriage under Muslim law

Marriage, referred to as Nikah in the Islamic context, is a recognised civil as well as religious ceremony in Islamic religion. One must address these biological necessities, like sexual activity and forming stable relationships, as these processes are considered essential for the functioning of societies. Thus, Islam is one of the religions that encourages everyone, including religious leaders, to get married. Regarding its beliefs, it posits that marriage is necessary to fulfil social roles and reduce the erosion of values. Consequently, religious leaders are also expected to get married due to the understanding that even for the clergy, it is good to marry and embrace it as a necessity in the provision of the needs of society and in the technicalities of reducing moral decay. Similar to any contractual relationship, mutual consent is also critical in Muslim marriages. It helps that both the bride and the groom must consent to the marriage willingly without any pressure exerted on them. This makes sure that the marriage in which the two individuals are entering is one of mutual respect, and that enhances respect for marriage structure. Equally important are the witnesses. They act as evidence of the ceremony that protects the rights of the couple, especially the wife. The witnesses prevent the fabrication of evidence and uphold the law and sanctity of a marriage contract. It is crucial for an Islamic marriage contract to be entered into with the free consent of the parties involved after legal capacity emancipation and with witnesses, resulting in a legal, fair, and moral contract. It is important for the parties to a marriage to satisfy each other’s needs emotionally and sexually, but within the frameworks of the given relationship, not act based on mere instinct. Another factor is the dissolution of the above-mentioned union because it is only through marriage that the children are given legal entities for their proper growth within a good framework of a family. 

The legal capacity of the parties is crucial when they enter into a marriage without violating the degree of a prohibited relationship. Though Sunni and Shia laws are segregated, Shia law allows Muta, which is recognised temporarily. Sunni as well as Shia law both strive to promote legal and moral marriages, which need constant work to keep up with the ideal standard. 

Marriage in Islamic law has implied or mutual covenants and responsibilities where the husband will provide for the necessaries of his wife and children, whereas the wife is to receive Mahr, or dower. This is also seen in areas such as inheritance and other family responsibilities within society. Based on the above-discussed principles, it will be plausible to state that Islamic marriage aims at fostering a deep bond and affection between the couple and should also be viewed as a means of effective social integration and ethical governance. 

Essentials of Muslim marriage

Preliminary considerations regarding the important fundamental components or elements of a valid Muslim marriage are:

A valid marriage in Islam is referred to as Nikah, and there are certain important conditions that must be met to provide legal recognition of such marriages. These conditions protect the responsibilities and privileges of both partners within the marriage.

Proposal and acceptance

According to Sharia, the marriage process among Muslims begins with the proposal (Ijab) and acceptance (Qubul). An offer can be made by one party, and acceptance by the other has to follow the offer in a single meeting. It is important to note that if a proposal is made in one meeting, followed by its acceptance in another meeting, the given proposal is invalid.

Competency of parties

For a marriage to be valid, both parties must meet certain competency criteria:

• Majority: It is mandatory that both parties have attained puberty. At present, most people believe that puberty begins around the age of fifteen but may possibly start earlier. In the case that one of the parties involved is a minor, consent from a responsible guardian is also necessary. The next of kin in the frame of guardianship shall be the father, paternal uncle, brother, paternal grandfather, or any other male numerical of the family in terms of succession. In the absence of a suitable person to stand as a guardian, the Qazi or the government can perform the duties of a guardian.

However, in Khaledur Rahman vs. State of Kerala (2023), it was held that marriages solemnised amongst Muslims under personal law are not excluded from the operation of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). If one of the parties is a minor (below the age of eighteen), that is, he or she is a juvenile, irrespective of whether the marriage is legally valid or not, then the enforcement of the POCSO Act will prevail. 

• Sound mind: Ideally, both parties should not be of unsound mind, or if so, the agreement made with them must have been made with their full knowledge. Incompetent persons, such as idiots or those who are housing the transient disorder of the mind, cannot venture into a lawful marriage. But there are conditions for the lunatic to get married during their periods of sanity since they are considered to have a sound mind then.
• Muslim identity: While It is mandatory to be Muslim and of equal status within their communities. It is permissible for a marriage to be between sects in Islam so long as both are of the Islamic faith. However, religious classifications in the Islamic marriage agreements also bring out disparities between the spouses. Muslim men are allowed to marry women of other religions considered ‘Ahl al-kitab’ (People of the Book); they are Christians, Jews, and, according to some scholars before, Sabians. This reflects common core belief systems in Abrahamic religions. That said, Muslim women are generally prohibited from marrying non-Muslim men, regardless of the man’s faith. This is due to a fear of negation of a Muslim woman’s apostasy and her capacity to raise children in the Islamic faith. Also, Muslims are forbidden from marrying polytheists or idolaters.

Free consent

The consent has to be mutual and free and not obtained either by force, fraud, or mistake. Whenever a marriage is contracted under force, coercion, or fraud, the marriage is said to be void.

Dower (Mahr)

The dower is also known as the bride price in the sense that it is the gift given by the groom to the bride, which is compulsory and her source of financial security. It should be agreed on before their marriage and is required before they start living together. In this way, the bride or her guardians could take possession of the dower, especially if she is a minor.

Free from legal disabilities

Certain legal disabilities can invalidate a marriage under Islamic law, categorised into absolute and relative prohibitions:

Absolute prohibitions

• Consanguinity: There are restrictions on engaging in cohabitation with close-blood relatives, including mothers, daughters, sisters, aunts, and nieces.
• Affinity: Marriage is prohibited with some close family relatives, such as mothers, daughters, sons’ wives, step-daughters, and stepmothers, among others.
• Fosterage: Marrying close relatives is still unlawful where one party has been breast fed by the same woman.

Relative prohibitions

• Unlawful conjunction: A man cannot be married to two women at the same time if the women are related in the prohibited degree (e.g., sisters). It is common and acceptable to marry in compliance with this regulation, but marrying in defiance of it is irregular.
• Polygamy: Polygamy is allowed in Islam, and this means that a Muslim man is allowed to marry as many as four women. However, to commit polygamy by marrying another wife while still in a marriage with four other wives is unlawful but is not considered unlawful if one of the marriages ends.
• Absence of proper witnesses: In Sunni law, during a marriage, at least two male or one male and two female witnesses are needed. Shia law, as mentioned earlier, does not stipulate the necessity of witnesses.
• Difference of religion: In Sunni law, marriage between a Muslim male and a Christian or Jewish female is allowed, while marriage with an idolater is prohibited. Islamic law does not allow a Muslim woman to marry a non-Muslim man. Shia law does not consider such marriages to be lawful.
• Marriage during the Iddah period: For a wife who has had a sexual relationship with a husband, she has to wait for a certain period (Iddah) after her husband’s death or divorce before she gets married to another man. In Sunni and Shia law, marriages during Iddah are unconventional under Sunni law and null and void under Shia law. Nonetheless, following a revocable divorce (Talaq al-Ahsan), the woman will observe Iddah, a waiting period. It provides time for pregnancy confirmation, eliminates the rush into divorce, provides better chances for reconciliation, and offers time for the wife to compose herself mentally as well as physically. The duration varies: three multiple menstruations for women with menstruation, three lunar months for others, and until childbirth for pregnant women. Iddah is compulsory and sees to it that the wife does not remarry, but the option of divorce remains available. Thus, every woman has to perform the Iddah period so that the final decision of divorce can be made. 

Registration

Finally, formally, it is not obligatory to register a marriage, but it has legal standing as a document. The need for registration of all marriages has been supported by the Supreme Court of India for proper documentation and protection of rights.

Nature of Muslim marriage

Marriage in Islam is one of the fundamental tenets of the Islamic way of life and has received much attention in Islamic jurisprudential reflections. As obscure as its nature, scholars have sought to divide it into a civil agreement in the civil law framework and a sacramental rite in the Indian law framework.

Contractual foundations

Marriage among Muslims is a sacred social practice in line with the values upheld within their faith, and it bears a syncretic character, both being a contract and a sacral act. In its inception, Muslim marriage was primarily a civil affair, with consent and capacity being regarded as free, voluntary, and reciprocal, as in the case of any contract. This is observed in issues such as (Ijab) proposal and (Qubul) acceptance, the capacity of the parties involved, and the prenuptial and postnuptial contracts. Prenuptial agreements are contracts prepared and signed before marriage that determine how property and liabilities will be split in the event of a divorce. They also have the ability to handle issues of inheritance and maintenance. A postnuptial agreement, described as one written and signed after marriage, is similar in purpose but allows for more changes based on income or anything since the exchange of ‘I do’. Both, however, are legally binding, but their enforcement depends on the jurisdiction where they are filed.

They help to confirm the free consent in entering the marriage and may be adjusted in accordance with certain circumstances, which is considered to be one of the important characteristics of Islamic law.

Spiritual significance

But unlike the conventional Western model of marriage, which is based purely on contractualism, Muslim marriage has much more religious and spiritual connotations. The usual rituals that are considered during marriage that are held among certain Muslims involve reciting some passages from the Quran during the rites of marriage, such as Ijab-e-Qubool (saying ‘Qubool’ three times, meaning ‘I accept’ in the presence of the Imam (Islamic leader)) and Dua (a prayer by the Imam for the happy and successful married life of the couple) that symbolised the sanctity of the union. Another rationale provided here accentuates the spiritual aspect, where a marriage is not only viewed as a legal union, but it also means comfort for two individuals.

Holistic nature

Therefore, on the one hand, there is the legal aspect of the marriage, which offers the legal specifications and guarantees embodied in the contract, while on the other hand, there are sacramental aspects that enable the marriage to foster a spiritual sort of binding. Muslim marriage is not only the civil contract but also the sacred oath that protects society at large as well as brings success in individual life, making it a complete institute full of the wisdom of Islamic laws.

Types of Muslim marriages

Sahih Nikah (Valid Marriage)

A Sahih marriage, referring to a marriage according to Islamic law, is an acceptable marriage as per the guidelines set by Islamic law regarding marriage customs and forms. The word “sahih” can be interpreted as “correct” or “valid” in Urdu, while “Nikah” stands for marriage. In order for that marriage to be classified as sahih, there are some basic requirements that must be met. First of all, it should be a voluntary act of two individuals, that is, a man and a woman, based on the contract, where offer and acceptance play a crucial role, and should take place in the presence of witnesses. Also, the man is to bring a marital gift to the woman, which is known as mehr, through which the woman will be secured and acknowledged as the man’s wife. All these elements ensure that the marriage is not void or invalid but remains legal according to Islamic law to fulfil the necessities of legitimacy. Hence, a sahih marriage is one in which all the conditions are strictly followed in order to establish the marriage as lawful according to sharia law. When all the legal requirements are fulfilled and there are no prohibitions affecting the parties, then the marriage is correct, or ‘sahih’. The prohibitions can be permanent as well as temporary; in the case of permanent prohibitions, the marriage will be void, and if the prohibitions are temporary, then the marriage is irregular.

Effects of a valid marriage

• The cohabitation between the husband and the wife becomes lawful.
• The children born out of a valid marriage are legitimate, and they have the right to inherit their parent’s properties.
• Mutual rights of inheritance between husband and wife are established. That is to say, after the death of the husband, the wife is entitled to inherit the husband’s properties, and after the wife’s death, the husband may also inherit her properties.
• A prohibited relationship for purposes of marriage is created between the husband and wife, and each of them is prohibited from marrying the other within prohibited degrees.
• The wife’s right to claim dower is fully established just after the completion of marriage.
• The marriage also gives the wife the right to maintenance from her husband with immediate effect.
• After the dissolution of the marriage, the widow or the divorced wife is under an obligation to observe the Iddah, during which she cannot remarry.

Batil Nikah (Void Marriage)

A marriage that is void ab initio creates no rights or obligations, and the children born out of such marriages are illegitimate. A marriage forbidden by the rules of blood relationship, affinity, or fosterage is void. Similarly, a marriage with the wife of another or a divorced wife during the Iddah period is also void. 

A Batil marriage, or void marriage, refers to a marriage that, from its inception, did not possess the legal formalities that make a marriage valid and is without legal recognition. There are numerous situations in civil legislation that can bring a marriage into non-existence. These include consanguineous marriages, which are marriages between close relatives such as siblings, parents and children, uncles and nieces, and aunt and nephew marriages because of the genetic and social relationship between the couples. Marriages unlawful through affinity are those relational through marriage that separate or avoid because of their violation of social taboos, like marrying a stepchild or the siblings of a spouse. Although under Islamic law a man could not marry her natural mother or sister, there are three other types of forbidden relationships under Sunni laws, one of them being marriage with a foster mother or foster sister with reference to the relationship created by the act of breastfeeding. Also, marriage is declared void under Sharia law if a woman is involved in going through Iddah, which is the waiting period after the dissolution of marriage. It is impossible to marry a person who is already married to someone else, as it would lead to bigamy and would not allow any alterations to the first marriage contract. 

Effects of a void marriage

• Void marriages are those that have never really been recognised as having entered into any legal union, and therefore no marital rights or responsibilities are created.
• The children born from a void marriage are illegitimate.
• The wife and husband in a void marriage cannot approach a court of law with an application for maintenance, succession, or any other right against the other.

Fasid Nikah (Irregular Marriage)

Due to a lack of formality or the existence of an impediment that can be rectified, a marriage becomes irregular. However, this irregularity is not permanent in nature and can be removed. Thus, the marriage itself is not unlawful. It can be made valid once the prohibitions are rectified. Marriage in such circumstances or with the following prohibitions is called ‘Fasid’.

• A marriage contracted without the required number of witnesses;
• A marriage with women during her Iddah period;
• A marriage with a woman without the consent of her guardian when such consent is considered necessary;
• A marriage prohibited on account of a difference of religion;
• A marriage with a woman who is pregnant, when the pregnancy was not caused by adultery or fornication;
• A marriage with a fifth wife. 

Effects of an irregular marriage

• The couple can cohabit without it being unlawful or sinful.
• On both counts, children conceived through an irregular marriage are legitimate and have inheritance rights.
• If there is a consummation of marriage, then the wife is entitled to her dower as explained above.
• More often than not, each does not have an automatic legal claim upon the other’s property through marriage.
• When a man and wife have no physical contact, she will not be expected to undergo Iddah, even when she has been set free by her husband.

Muta Marriage

Muta, literally meaning ‘enjoyment,’ is a practice of marriage in which the couple is wed for a limited duration only. This type of marriage was common in the past in Arabia and is not accepted by several laws practised in India or by the Hanafi, Maliki, Shafi, Jafari, and Hanbali schools of the subjects of Muslim law except for the Itha Asar Shia School. But the practice and institution of muta marriage are no longer practised or supported in India to a large extent. 

The notion of Muta marriage can be evidently seen in our country. In India, temporary marriage is not recognized, although there are a few who contract Muta marriage, but such marriages are not enforceable in court. In a Hyderabad case, it was held that there is no difference between a muta for an unspecified period and a muta for life; a permanent nikah marriage for life can be contracted by the use of the word muta, and the specification of the period for which a muta marriage is contracted alone makes a marriage a temporary marriage for the period specified.

The practice of temporary “Muta” marriage is widespread in modern times and often arranged by Imams and other Islamic leaders in Europe, America (including the Shia parts of Dearborn, Michigan), and the Middle East. It is commonly the destitute widows and orphaned girls that are within the clutches of temporary marriage who are often sold to old men. For the women, there is no desire or pleasure that drives them into such misery; it is the extreme means to pay the rent and feed themselves and their children. As a result, this arrangement has received widespread criticism from various countries as it implies the legalisation of prostitution.

Essentials of Muta Marriage

• Fixed period of cohabitation: The duration of the marriage must be defined; it may be for a day, a month, a year, or so on.
• Dower: The dower (mahr) should be agreed upon and identified at the time of the marriage and would include the type, quantity, quality, and value of the item.
• Clarity in terms: That is, if the duration of marriage is stated but the amount of dower is not mentioned, it could be considered a recognised marriage. But if there is no specification of the duration of marriage and the amount of dower has not been determined, then it is regarded as an invalid marriage. 

Effects of Muta Marriage

• No one in a muta marriage also has an inheritance right over the other party.
• Maintenance in a muta marriage is generally not allowed for the wife unless specified in the contract signed between her and her husband. However, she may claim the amount in maintenance under Section 125 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘CrPC’) if they have any written agreement with their correspondent stipulating so. In the case of Luddun vs. Mirza Kumar (1882), the Calcutta High Court declared that despite the fact that the Shia law may not recognise the provision of maintenance in the case of muta marriage, it does not mean that the wife cannot invoke it through the provision of the Code of Criminal Procedure. 
• When the marriage has not been consummated, the wife will be awarded half the dower. In conclusion, if she has left the house before the agreed time is complete, she will claim a part dower.
• In the civil form of marriage, there is impregnation of the wife, who in turn is supposed to go through Iddah, which is a period of three months.
• The children are given legal recognition and accept the property of both the mother and father, tantamount to the recognition of marriage. In the case of Sadiq Hussain vs. Hashim Ali (1916), the Hon’ble Allahabad High Court ruled that children born out of muta marriage are entitled to inheriting the properties of both parents, and they will be deemed legitimate.
• A muta marriage is a temporary marriage that is dissolved upon the termination of the agreed period. In the case that the husband wants to bring it to an early end, it can mostly be terminated with the consent of both parties, often through the man giving the wife the remainder of the term as a gift.

Registration of marriage under Muslim Law 

Registration of marriage among Muslims is compulsory and mandatory, as a Muslim marriage is treated as a civil contract. According to Section 3 of the Muslim Marriages Registration Act 1981, “Every marriage contracted between Muslims after the commencement of this Act shall be registered, as hereinafter provided, within thirty days from the conclusion of the Nikah Ceremony.” A nikahnama is a type of legal document in Muslim marriages that contains the essential conditions and details of the marriage.

According to this Act, a Nikahnama contains:

1. Details of the Bridegroom 

• Full Name: [Name of the Bridegroom] 
• Age: [Bridegroom’s Age] 
• Address: [Bridegroom’s Complete Address] 
• Father: [Bridegroom’s Father’s Full Name] 
• Status: [Living/Deceased] 
• Marital Status: [Unmarried/Widower/Divorced] 
• Number of Living Wives (if applicable): [Number] 
• Signature/Thumb Impression: [Signed by the groom or marked with the thumb impression of the groom] 

2. In case the marriage is performed by a Vakil or Guardian) 

• Vakil/Guardian Name: [Name of Vakil or Guardian Full] 
• Signature: [Signature: Vakil or Guardian] 

3. Nikah Performer (Nikah Khan)

• Name: [Nikah–Khan’s full name] (Nikah Ceremony Performer) 
• Signature: [Nikah-Khan’s Signature] 

4. Date: This account was written [Date of Nikah Ceremony]. 
5. Dower (Mehr)

• Amount: [Agreed Dower Amount] 

6. Witnesses

• Witness 1: First Name Middle Name Last name, Father’s/Husband’s Name, City, Street and House Number 
• Witness 2: First Name, Second Name, Father/Husband’s Name, Residence, Postal Address

Dissolution of marriage under Muslim Law

For many years, the law provided that where a Muslim marriage has been contracted, the man has a greater right to divorce than the wife. He can even start the process of divorce and simply declare words that indicate that he wants to divorce her (Talaq). Other ways, like Ila and Zihar, serve the same purpose with additional but less formal procedures.

On the contrary, wives throughout history had almost no choices at their disposal, though the example above also clearly proves this point. They could only seek a divorce if the husband permitted it (through delegation) or if both parties agreed to separate by observing the Islamic legal procedure of Khula or Mubarat. Before 1939, there were not many ways to have a legal separation; the wife could not prove, in court, that her husband’s adultery was false, or the husband was deemed mentally incapacitated or impotent, thereby unable to procreate.

Fortunately, however, the country saw the enactment of a statute that enhanced women’s rights through the Dissolution of Muslim Marriage Act of 1939. Today, an Islamic wife can file for khula with reference to several additional grounds that were previously prohibited here.

There are two categories of divorce under Muslim law:

• Judicial 
• Extra-Judicial

The extra-judicial mode of divorce can further be divided into 3 subdivisions:

1. By husband: Talaaq, Ila, and Zihar.
2. By wife: Talaaq-i-Tafweez, Lian 
3. By mutual agreement: Khula and Mubarat 

Governing laws

There are two main legal frameworks that govern divorce in Muslim marriages in India:

• Muslim Personal Law: This means the premodern Islamic legal texts dealing with divorce, which are based on the legal works of the four Sunni Islamic schools of law that include the Hanafi, Maliki, Shafi’i, or Hanbali schools of juristic thought.
• Dissolution of Muslim Marriage Act, 1939 (hereinafter referred to as DMMA): This Act empowers Muslim women with specific grounds for seeking a judicial divorce through court settlement.

Four ways of divorce under the Muslim law

Talaq (tah-lak) in Islamic law means divorce or the process of dissolution of marriage by the decision of the husband. Thus, it remains a unilateral decision, and the wife does not have to agree for the divorce to take place. This is where it presented the condition that Muslim women had little control over their decision-making in cases of divorce. 

One of the issues concerning the dissolution of marriage was caused by triple talaq, when three words of talaq were pronounced at the same sitting and immediately became effective in dissolving the marriage. The practice of obtaining a divorce through this method was received relatively negatively due to various pressing issues, such as possible misuse and the absence of procedural fairness. 

Nevertheless, the legal context changed in 2017. A commendable judgement of the Supreme Court declared instant triple talaq unconstitutional; therefore, those divorced through this method have no lawful divorce. It was a goal for the purpose of reducing the issues of gender inequality and the lack of protection for women within Muslim marriages. 

Different kinds of talaq in Muslim law

Talaq-e-sunnat

This is regarded as the most preferable form, performed while on the woman’s menstrual purity (tuhr) with the intention of continuing to live together within the period of Iddah. They can revoke it during this period of suspension. 

Talaaq-i-ahsan

This form of divorce is regarded as the most considered. A single pronouncement of divorce is made during the period of tuhr (the period of purity between two menstrual cycles), followed by abstinence from sexual intercourse during the period of iddah. Here, the husband does not have sexual relations with his wife but permits her to complete the period of iddat. This stage of the procedure is temporary and requires both parties to abstain from each other; however, they are allowed to inherit from each other. Here, the divorce can be revoked at any time before the completion of Iddah, thus preventing hasty and unreasonable divorces.

Hedaya also supports this type of divorce since it is the best that is recommended and approved since it was approved by the companions of the Prophet. The husband also has a right to rescind the divorce during the time of the iddat, which ranges from three months to the delivery of the child if the wife is pregnant. This school of thought explains that in the case of Ahsan talaq, divorce can be granted even if it is during the wife’s menstrual period, provided the marriage has not been consummated. 

The condition of Tuhr does not relate to the situation when the husband and wife live separately, the wife has reached menopausal age, or in cases of written talaq. This form of talaq can only be done through the act of intimacy during the iddat period or by expressing words. In this case, if the iddat period has elapsed and it has not been reverted, then the talaq is considered to be complete and the man can no longer revert it back.

Talaaq-i-hasan

In the Hasan method of talaq, a man says talaq three times in continuation during the period of Tuhr, or the period of purity, when the wife is not menstruating. The first and second utterances are rescissible, while the third one confirms the divorce and makes it non-rescissible. This is because, as already mentioned, each pronouncement within this method takes place during the Tuhr with no contact between the couple at all. To put the matter simply, the husband utters talaq during Tuhr, withdraws it orally or by sexual intercourse, and does this during the subsequent Tuhr as well. Otherwise, if he pronounces talaq for the third time during the Tuhr, it is irrevocable. If the wife does not have menstruation, then a period of 30 days should elapse before the next mention. This method was introduced in order to give protection to the women by not allowing the husbands to keep on divorcing and taking back their wives time and again without any penalty for their continuous and indefinite ill-treatment of wives. The matter of divorce was limited to three attempts as an effort to control those who would like to misuse it. It is important that pronouncements are made when no intercourse takes place during any period of Tuhr. The marriage is dissolved irrevocably, regardless of the period of Iddah.

Talaaq-i-biddah

It is a form of Islamic divorce that is instant in nature. It allows any Muslim man to legally divorce his wife by stating the word “Talaq” three times in oral, written, or, more recently, electronic form. This is prevalent among the Muslims in India, especially among the adherents of the Hanafi school of Islam. This is also known as “Triple Talaq” and has been a subject of debate and controversy. 

This practice is in contrast with talaq-us-sunnat, where the process is more gradual and does not permit non-reversible repudiation. Talaq-ul-Biddat does not have any relation to days of Tuhr or non-intercourse, and therefore it is a less desirable method of divorce and not taken in high regard. It has been criticised on the grounds that there is a tendency to misuse it and that it doesn’t have room for any form of reconciliation at all. This practice is repealed in many nations, including India, because it is unconscionable and wives suffer many difficulties due to triple talaq.  

In the case of Shayara Bano vs. Union of India and Ors. (2017), it was submitted that “this practice of Talaq-e-bidat (unilateral triple-talaq), which practically treats women like chattel, is neither harmonious with modern principles of human rights and gender equality nor an integral part of Islamic faith, according to various noted scholars. Muslim women are subjected to such gross practices that treat them as chattels, thereby violating their fundamental rights enshrined in Articles 14, 15, 21, and 25 of the Constitution of India. The practice also wreaks havoc on the lives of many divorced women and their children, especially those belonging to the weaker economic sections of society.”

There have been many cases in the High Court and the Supreme Court where the Court invalidated the instant triple talaq. In Shamim Ara vs. State of U.P. (2002), the Court observed that:

The correct law of Talaq as ordained in the Holy Quran is that:

1. There must be a reasonable cause for the divorce.
2. The declaration of divorce must be preceded by attempts at reconciliation between husband and wife by two arbitrators. If the attempts fail, then only the divorce will come into effect.

The Supreme Court in August 2017 declared triple talaq “unconstitutional.”. The Indian Government introduced a bill called the Muslim Women (Protection of Rights on Marriage) Bill, 2017 and presented it in Parliament, which was passed on December 28, 2017 by the Lok Sabha, but it did not pass in the Rajya Sabha. The bill makes the moment triple (Talaq-e-bidat) in any structure spoken, recorded as a hard copy, or by electronic methods, for example, email, SMS, and WhatsApp, unlawful and void, with as long as three years of imprisonment for the husband. However, one of the principle conflicts against the proposed enactment has consistently been its acknowledgment of a common offence as a cognisable and non-bailable offence. After some time, an ordinance with similar provisions was introduced in Parliament and became the Muslim Women (Protection of Rights on Marriage) Act, 2019. It declared the triple Talaq unconstitutional and made this practice an offence in India. 

Ila (the vow of continence)

Ila is a situation where a husband takes an oath in the name of Allah that he will not have any sexual relations with his wife and leaves her to observe Iddah when she has not attained the period of puberty and is of sound mind or below the age of majority. This vow results in waiting time and Iddah, which the wife has to undergo. If the husband returns to sexual intercourse during the above mentioned Iddat period, then the vow of Ila is null and void. Ila is actually not a divorce but rather paying the wife for a specific time without her presence in the household, and it is rather interesting to focus on the fact that this practice is not typical for India. 

Zihar (injurious assimilation)

Zihar is a pre-Islamic practice considered a way to divorce without formally expressing it. It is a process where the husband is a rational adult over eighteen years old who acts and states that his wife is similar to a close relative, for example, a mother or a sister. In this way, he speaks the truth that his wife is forbidden to him, just as the mentioned relatives are forbidden. Simply put, this act of the husband is considered sin in Islamic law. The wife then also has the right to deny him conjugal access for sexual intercourse until he goes through the motions of purging himself for the wrong that he has committed. This penance may be in the form of fasting, feeding the poor, or any other act that may be allowed under the Shariah, also known as Kaffara. Zihar is a measure through which the wife is accorded an opportunity to reclaim her honour and privacy against the husband’s inappropriateness. 

Divorce by Wife (Delegated or Mutual Consent)

The ground for dissolution of marriage in Islam used to be primarily in the hands of the husband through a process known as Talaq. But marriages involving Muslim women are salvageable since wives can apply for divorce power in two ways: delegated or by consent. Here’s a detailed breakdown of these options:

Talaq-e-Tafweez: Delegated divorce

Talaq-e-tafweez allows a wife to give her husband a notice of divorce in certain circumstances that have first been agreed upon and discussed by both parties. Basically, this kind of marriage is Talaq barter, where the husband gives up his right to pronounce Talaq to his wife when they make an agreement before or during the marriage. Here’s a closer look:

Conditions for delegation 

As for any other customary right granted to the wife with respect to marital dwelling, the agreement defines conditions under which the wife can exercise this right. These conditions can vary widely, such as:

• The practice of polygamy, wherein a man takes another wife, is widely recognised and practised in some cultures. 
• It has been established that a lack of maintenance for a given period of time is unallowable.
• Cruelty or physical abuse
• Any other conditions that should be legal, moral, and not violate the general good of the public.

Exercising the right

This is because in certain circumstances that have been agreed upon by both partners, the wife is also empowered to utter Talaq, which frees her from the marriage contract. Significantly, such a right cannot be withdrawn by the husband after it has been bestowed.

Benefits 

Talaq-e-tafweez allows some level of control for the wife, especially in the event that she wishes to improve her marital status. It enables them to escape a union perceived as burdensome without having to afford the husband’s approval.

Divorce by mutual consent 

Previously, Muslim law had no legal provision that enabled the parties to apply for a talaq with the mutual consent of both husband and wife. This meant women could only seek an annulment, and they were few; if at all, they could find one if they were willing to end their marriage with the consent of the husband. However, the position changed with the passing of the Dissolution of Muslim Marriage Act in 1939. This Act provided legal rationales by which the wife could seek a divorce, which included the option of dissolving the marriage mutually with her husband.

Khula 

Khula constitutes a form of divorce that depends only on the mutual agreement of the partners. At this stage, the couple decides to annul the marriage and may even discuss the payment of some amount. The wife might bring back the amount given to her as Mahr or some other amount for the husband to agree and grant the divorce. This method is non-confrontational, and both partners have the right to make decisions concerning their separation.

Khula, on the other hand, is a type of divorce where the wife seeks the husband’s action by returning the dowry. However, unlike Talaq-e-Tafweez, which is a form of divorce instituted by the husband, Khula allows the wife to approach her husband honestly and with some sort of dowry.

Compensation

The nature and degree of compensation can differ depending on the marriage contract signed by the spouses. This could be in the form of money, where the wife repays the dower or other valuables given during marriage, or by relinquishing some rights that the partners enjoy during the marriage setup. 

Essentials of Khula

• Wife’s offer of compensation: The wife explains to her husband in detail that she wants Khula and offers to compensate the man to grant her the divorce. This compensation can be in the form of returning Mahr, relinquishing other marital rights, or any other valued item.
• Husband’s acceptance: The essence of the Khula process rests on the husband’s approval of his wife’s offer.
• The non-fulfilment of Iddah does not form part of the conditions for Khula.

Revocation

There are differences in prejudice between Shia and Sunni legal schools regarding the permanent nature of the process of Khula (wife-initiated divorce). According to Shia law, once the husband accepts the offer made by the wife in Khula, the dissolution of marriage is permanent. This is consistent with the strict contractual perspective, where the acceptance of the consideration by the husband puts an end to the marital relationship. On the other hand, Sunni law gives the husband more rights on this issue. Thus, while he agreed to the Khula, the husband has the right to withdraw his agreement within the Iddah period and return the compensation given to the wife. This is a mechanism similar to the right of redemption, implying that a party may reconsider his/her actions within a prescribed period of time. Therefore, Sunni Khula is by far less rigid than the definitive retention of Shia Khula. 

Mubarat

The only difference between Mubarat and Khula is that the husband does not make any payment to prize money to secure a decree of Mubarat. One or both of the spouses come to the mutual decision of ending the marriage without going through any form of financial trading.

Essentials of Mubarat

• Either spouse can initiate the process of Mubarat by offering a separation. The consent of the spouses is a must. 
• The offer must be accepted by the other spouse.
• Following the acceptance of the offer, the wife must perform the Iddah period.
• No exchange of consideration is required for Mubarat. 

Benefits

Therefore, Mubarat is a dignified method that allows the parties to end an unworkable marriage by mutual consent.

Caste and class are two fundamental concepts used to describe social stratification, but they operate on different principles. While caste is a system rooted in hereditary, religious, and social obligations, class is an economic and achieved system based on one’s income, occupation, and wealth. Although these systems have historically been distinct, modern developments in India suggest that caste is evolving to incorporate elements of class, leading to new dynamics in social hierarchy and mobility.

Is Caste Changing into Class?

In modern India, caste and class dynamics are becoming increasingly intertwined, with caste showing signs of transformation into class-based stratification. Several sociological factors contribute to this shift, as described below.

1. Economic Liberalization and Urbanization

India’s economic liberalization in the 1990s and the accompanying urbanization have led to significant changes in the social and economic landscape. As job opportunities diversified beyond traditional caste-based occupations, people gained access to occupations that were once closed to them. The rise of the middle class in urban areas has facilitated the integration of individuals from different castes into diverse occupations, diluting traditional caste boundaries and creating class-based divisions instead.

For instance, education and professional skills have become key determinants of social status and success, regardless of caste. Higher income, better living standards, and greater access to opportunities have empowered individuals from lower castes to move into higher economic classes, thereby shifting their identity from caste-based to class-based. This economic mobility allows for inter-caste interactions and even inter-caste marriages, which challenge traditional caste norms.

2. Educational Attainment and Reservation Policies

Educational advancement has been a powerful driver in transforming caste into class. Reservation policies in educational institutions and government jobs have facilitated upward mobility for Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs). These policies aim to correct historical injustices by providing affirmative action for marginalized communities, leading to increased representation in professional sectors that were previously dominated by upper castes.

As members of these communities attain higher education and secure white-collar jobs, they form an educated middle class, reshaping the social structure. Their achievements in education and employment diminish the importance of caste as a marker of social status, leading to a more class-oriented identity based on economic and educational accomplishments.

3. Political Mobilization and Caste as a Voting Bloc

In modern India, caste identity has taken on a political dimension, with caste-based communities mobilizing for electoral representation and political power. Political parties have recognized the significance of caste and often mobilize groups to secure votes, creating a caste-based political hierarchy. However, as caste groups gain political influence, they also use this power to negotiate economic benefits and welfare schemes, often pushing for resources that benefit their socioeconomic status rather than purely traditional caste privileges.

This political empowerment has enabled some caste groups to leverage their collective power to climb the socioeconomic ladder, thus changing the basis of their identity from caste alone to a combination of caste and class. Political power has thus become a means of accessing economic resources and opportunities, which aligns more closely with class-based stratification.

4. Rise of a Caste-Based Middle Class

The growth of a caste-based middle class demonstrates the transformation of caste into class in certain respects. As lower caste individuals achieve economic success, they start to form a middle class that shares the lifestyle, aspirations, and consumption patterns of other middle-class segments, regardless of caste. This group is defined not just by its traditional caste identity but by its economic position and the lifestyle associated with it, signaling a shift towards class-based stratification.

Moreover, within this new middle class, traditional caste barriers begin to weaken, as individuals prioritize their economic status and professional roles over caste obligations. For instance, marriage within the middle class is increasingly based on shared educational backgrounds and professional status rather than caste identity, further highlighting the shift toward class-like patterns.

5. Influence of Globalization and Modern Values

Globalization and the spread of modern values have promoted ideas of individualism, meritocracy, and social equality, challenging the rigid structures of the caste system. As more Indians are exposed to global media, education, and employment opportunities, traditional caste hierarchies appear less relevant, especially in urban areas. Younger generations are often less focused on caste identity and more attuned to class-based achievements such as education, career success, and income.

The influence of cosmopolitan values has led to a gradual shift where personal achievement and professional identity are prioritized over inherited caste identity. This movement toward individual success aligns more closely with class than caste, suggesting that caste-based distinctions may continue to weaken in favor of a class-based structure.

The exact origin of caste system cannot be traced. The system is said to have originated in India. The records of the Indo-Aryan culture contain the first mention and a continuous history of the factors that make up caste. The people, who are known as Indo- Aryans belong linguistically to the larger family of peoples designated either as Indo-Europeans or as Indo-Germans.

They comprised the Anglo-Saxons, the Celts, the Romans, the Spanish, the Portuguese, and the Iranian among others. One of the branches of these peoples which reached India about 2,500 B. C. is called Indo-Aryans.

Racial Theory

According to Dr. Mazumdar, the caste system took its birth after the arrival of Aryans in India. In order to maintain their separate existence the Indo-Aiyans used for certain groups and orders of people the favourite word ‘varna’, ‘colour’. Thus they spoke of the ‘Dasa varna’, or more properly the Dasa people.

Rig Vedic literature stresses very significantly the differences between the Arya and Dasa, not only in their colour but also in their speech, religious practices, and physical features. The three classes, Brahma, Kshatra and Vis are frequently mentioned in the Rig Veda. The name of the fourth class, the ‘Sudra’, occurs only once in the Rig Veda.

The first two classes, i.e., Brahma and Kshatra represented broadly the two professions of the poet-priest and the warrior-chief. Vis comprised all the common people. The Sudra class represented domestic servants approximating very nearly to the position of slaves. On the relations subsisting between the four classes the Rig Veda has little to say. However, the Brahmin is definitely said to be superior to the Kshatriya.

Political Theory

According to this theory, caste system is a clever device invented by the Brahmins in order to place themselves on the highest ladder of social hierarchy. Dr. Ghurye states, “Caste is a Brahminic child of Indo-Aryan culture cradled in the land of the Ganges and thence transferred to other parts of India.”

The Brahmanic literature of the post-Vedic period mentions certain mixed classes (Sankara jati) and also a group of outcaste classes (Antyavasayin). Among the four varnas, the old distinction of Arya and Sudra now appears as Dvija and Sudra, The first three classes are called Dvija (twice born) because they have to go through the initiation ceremony which is symbolic of rebirth. “The Sudra was called “ekajati” (once born).

The word “jati” is hence forward employed to mean the numerous sub-divisions of a “varna”. However, this demarcation is not rigidly maintained. The word “jati”, is sometimes used for “varna”. In the Brahmin period the position of the Brahmins increased manifold.

The three lower classes are ordered to live according to the teaching of the Brahmin, who shall declare their duties, while the king also is exhorted to regulate his conduct accordingly. The pre-eminence of the Brahmin had secured him many social privileges sanctioned by the law givers. The statement that God created the Sudra to be the slave of all is repeated and he is given the name of “padaja” (born from the feet).

As the priestly influence grew in India, complicated rules of ritual and conduct were built up and incorporated into the religious books. The Brahmins closed their ranks and tried to maintain their superiority over the other classes.

It is true that in the beginning there were no rigid restrictions but slowly and gradually the idea of separation stiffened. It was first the ritual and ceremonial purity which as time went on took an exaggerated aspect. Distinction began to be made between things pure and impure. Restrictions were imposed on food and drink. When the Brahmins closed their ranks, it was but natural that other classes also should follow suit.

Occupational Theory

According to this theory, the origin of caste system can be found in the nature and quality of social work performed by the various groups of people. Those professions which were regarded as better and respectable made the persons who performed them superior to those who were engaged in dirty professions.

According to Newfield, “Function and function alone is responsible for the origin of caste structure in India.” With functional differentiation there came in occupational differentiation and numerous sub-castes such as Lohar, Sonar, Chamar. Bhangi. Barhai, Patwa, Teli, Nai, Tamboli, Kahar, Gadaria. Mali, etc. came into existence.

Traditional Theory

According to this theory, the caste system is of divine origin. There are some references in Vedic literature wherein it is said that castes were created by Brahma the supreme creator, so that human beings may harmoniously perform the various social functions essential for the maintenance of society. According to Dr. Mazumdar, “if, however we take the divine origin of the Varna’s as an allegorical explanation of the functional division of society, the theory assumes practical significance.”

Guild Theory

According to Denzil Ibbetson, castes are the modified forms of guilds.

In his opinion, caste system is the product of interaction of three forces:

(i) tribes,

(ii) guilds, and

(iii) religion.

The tribes adopted certain fixed professions and assumed the form of guilds. In ancient India, the priests enjoyed greater prestige. They were a hereditary and endogamous group. The other guilds also adopted the same practices and in course of time became castes.

Religious Theory

Hocart and Senart are the two main advocates of religious theory. According to Hocart, social stratification originated on account of religious principles and customs. In ancient India religion had a prominent place. The king was considered the image of God. The priest kings accorded different positions to different functional groups. Senart has tried to explain the origin of caste system on the basis of prohibitions regarding sacramental food.

He holds that on account of different family duties there grew up certain prohibitions regarding sacramental food. The followers of one particular deity considered themselves the descendants of the same ancestor and offered a particular kind of food as offering to their deity. Those who believed in the same deity considered themselves as different from those who believed in some other deity.

Evolutionary Theory

According to this theory, the caste system did not come into existence all of a sudden or at a particular date. It is the result of a long process of social evolution. A number of factors played their part in the development of the present caste system.

Among these factors we may enumerate the following ones:

• Hereditary occupations;
• The desire of the Brahmins to keep themselves pure;
• The lack of rigid unitary control of the state;
• The unwillingness of rulers to enforce a uniform standard of law and custom and their readiness to recognize the varying customs of different groups as valid;
• Beliefs in re-incarnation and the doctrine of Karma;
• Ideas of exclusive family, ancestor worship, and the sacramental meal;
• Clash of antagonistic cultures particularly of the patriarchal and the matriarchal systems;
• Clash of races, colour prejudices and conquest;
• Deliberate economic and administrative policies followed by the various conquerors particularly by the British;
• Geographical isolation of the Indian peninsula;
• Static nature of Hindu society;
• Foreign invasions;
• Rural social structure.

All the above factors conspired to encourage the formation of small groups based on petty distinctions from time to time. The lack of rigid unitary control of the state, the unwillingness of the rulers to enforce a uniform standard of law and custom, their readiness to recognize the varying customs of different groups as valid, and their usual practice of allowing things somehow to adjust themselves led to the growth of groups and promoted the spirit of solidarity and community feeling in every group.

“Multiplicity of the groups and the thoroughness of the system are also due to the habit of the Hindu mind to create categories and to carry things to their logical end a characteristic manifest in our literature, philosophy and religious creeds.”

It may, however, be noted that caste system is not specifically an institution of the Hindus but is a typical Indian institution. Buddhism in its practice at least was not opposed to the caste system and the two primary attributes of interlining and inter­marriage between different hereditary determined sets of people in the same community are also found among the Moslems of India.

Further, caste system, is not a monopoly of India. It existed and still exists in many parts of the world. The feudal system of medieval Europe was a species of caste system. Certain ethnic groups such as Jews and Negroes are still treated as castes in many civilized countries including the United States. What is unique in the Hindu caste system is that it alone classified some groups as untouchable and unapproachable.

Introduction

folk-urban continuum, a concept developed by Robert Redfield (1897-1958), a prominent Chicago anthropologist. Robert Redfield contributed to urban anthropology by studying relationships between urban and other types of settlements. Human settlements around the world vary a great deal in their geography, size and structure. They can be broadly divided into two types, rural and urban. Rural areas are marked by agriculture as the chief activity. The urban areas are the seats of commerce, trade and administration. However, both the rural and urban do not exist in a vacuum or isolation. There is a movement of both people and practices from one place to the other. This flow of ideas, traits and patterns from rural to urban and urban to rural can be termed as a continuum.

Continuum also can be understood in terms of continuity. When we speak of the folk-urban continuum, we refer to the continuity between rural and urban areas. At one end of this continuous scale lies the village life. At the other end of this continuum is urban life. Both the urban and the rural are social formations, and they interact with each other. This ceaseless interaction between the rural and urban is the study matter of the folk-urban continuum. The folk and urban continuum explain how the imprints of the urban life reach and get absorbed into the folk life. The vice versa is also true whereby certain cultural traits of the village life develop and become a part of the urban life. The folk-urban continuum also shows how, over time, villages transform into towns and then cities.

The concept of rural-urban continuum is about social, political, cultural and economic interactions between the villages and the towns or cities. Many cultural traits are diffused from cities to rural areas. For example, dress patterns diffuse from cities to rural areas. Besides these, new thoughts and ideologies are also diffused from the cities to the rural areas due to increased communication via radio, television, newspapers and social media.

CONTINUITIES BETWEEN RURAL TO URBAN

Urbanisation has increased the continuity between rural and urban areas. The whole gamut of occupational diversification, the spread of literacy, education and mass communication have contributed to this increased continuity. Many modern agricultural technological innovations and institutional frameworks for rural development find their origin in the urban centres. The process of urbanisation has facilitated the large scale commercialisation of agriculture. Similarly, agricultural requirements for machinery have generated the growth of manufacturing units in urban areas. As evident, some of the rural demands are met through the urban centres and vice versa.

Folk society and urban society are conceived of as polarities at opposite ends of a continuum. The folk society and the urban society have a very abstract relationship to social reality. Both are synthetic compound of characteristics that are lifted out of fundamental social situations. However, the ideal folk or the ideal urban societies cannot be found. According to Robert Redfield, who was the first to discuss the concept of folk-urban continuum, the ideal type of folk and urban society is a type which is not a reduction of the particular characteristics of many societies; the features which these societies share in common and which together might make for a necessary and sufficient description of the type wherever it is found.

According to Mintz, the folk society is marked by isolation compared to the urban society. There is a high degree of genetic and cultural homogeneity, slow culture change, pre-literacy; small numbers; minimal division of labour; simple technology (with every individual as a primary producer). The social organisation is based on blood and fictive kinship; behaviour is traditional and uncritical, and there is a tendency to view the inanimate and nonhuman world personally. Furthermore, there is a viewing of traditional objects which acts as sacred with the pervasive importance of magic and religion, thus resulting in ritual behaviour in all areas of life. Redfield defined urban society primarily as the absence or opposite of these characteristics present in folk society.

Redfield described three principal processes of change from folk to urban: secularisation, individualisation, and disorganisation. To what degree these processes are interrelated has not been made clear, although Redfield welcomed the work of those who have sought to show in various cases that change of one kind may take place without a change of another. Sol Tax, for instance, has described a folk-like social situation for Guatemala, where individualisation and commercialism are well advanced. Spicer studied what he and Redfield regard as folk like society existing on the very margins of an urban centre, and features of both folk and urban types are present in curious juxtaposition.

FOLK URBAN CONTINUUM: ROBERT REDFIELD AND MCKIM MARRIOT

The concept of folk-urban continuum is explained and understood through Robert Redfield’s landmark study, which he later published in the form of a book. The book was titled The Folk Culture of Yucatan and published in 1941. It was based upon a comparative study of the four communities: city society, town society, peasant society, and folk society. He had selected these four communities or societies from the Mexican province of Yucatan. The four communities located in the Mexican province with different habitations were Marida (city society), Diztas (town society), Chankom (a peasant village) and Tuski (village of folk society). In the Yucatan study, Redfield and his co-workers compared these four different communities in order to analyse and explain the cultural contrast between the Spanish and modern urban civilisation of the northwest area of the peninsula and the more indigenous southeast. The general conclusion of this work was that the same relative order of the four different communities on the map of Yucatan, from tribal village to city, also corresponds to decreasing isolation and homogeneity and increasing secularisation, individualism, and cultural disorganisation.

Redfield called this order a folk-urban continuum with a folk-type society and culture at one end and urban civilisation at the other. He also suggested the following general hypotheses: 

1. that the primitive and peasant societies (as isolated, homogeneous local communities) tend to have the general character of a ‘folk’ type of society; 
2. that as these come into contact with the urbanised society, they change in the direction of an ‘urban’ type; and 
3. that the different changes are interdependent, as changes in some of the characteristics of a society tend to bring about, or at least go with other changes.

This folk-urban continuum; is a one dimensional, linear continuum connecting different points on a map. The four communities selected for study are four separate points treated as if they all exist simultaneously without essential interrelation; civilisation, meaning chiefly Spanish and modern western, is associated with one of the points, the capital city of Merida.

The Mayan civilisation, having been decapitated by the Spanish conquest, does not enter the picture. Redfield was quite aware that this model has historical implications, chiefly along the lines of the age-area principle. He writes, for example, that it could be used to reconstruct; a sort of generalised hypothetical account of the history of the culture of Yucatan as a whole. Similarly, it might be validly asserted that a comparative description of communities encountered as one goes from Paris southward through Marseilles, Algiers, the Sahara, and then Sudan would provide the vague outlines of the cultural history of Western Europe. However, he believes this would be a crude way to derive even the most tentative historical conclusions. While he used the available history of Yucatan, the whole study follows a comparison of present conditions in one community with present conditions in the others. The historical dimension is left to historians and archaeologists.

Redfield observed a pronounced continuum between the cultures of these four communities. He put Marida on one end of the continuum and Taski on the other end. Based on the study of the cultural traits of these four societies, Redfield observed that Taski and Marida displayed a high degree of cultural variations. However, Marida and Diztas society, on the one hand, and Chankom and Taski on the other shared lot of similarities. However, some commonness or similarities were also between Diztas and Chankom, especially in shops and intermediaries. Since the city community shared a lot with the town community, the peasant community and the folk community also showed resemblance accordingly, Redfield described Marida and Diztas as urban communities and Chankom and Taski as folk communities. Based on this significant empirical study, Redfield concluded that no known society should be precisely the same as the societies on these two poles. However, different societies may share some cultural features of these two extreme poles.

According to the folk-urban-continuum, the folk society comes in contact with urban society and inherits specific characteristics. In this way, a folk society has specific characteristics of folk and certain characteristics of urban society. Redfield explains that the folk society is between literate and illiterate, between developed and undeveloped societies. It was observed that folk society begins to lose some of its characteristics because of urban contact. Isolation, kinship system, group feeling, homogeneity slowly wane from the folk community.

Redfield wrote that ‘the increase of contacts, heterogeneity and disorganisation of culture, are sufficient causes of secularisation and individualisation’. Thus Redfield says that the folk like community lost its isolation through contact with the city, it became more heterogenous, a market economy developed, and an indication of disorganisation appeared. Increased contact with any dissimilar society results in a change. The evidence of disorganisation and secularisation, and impersonal behaviour was more evident in the relationship between different ethnic community elements. Any attempt to characterise society and compare it with others highlights that the folk-urban continuum deals with the relative degree of presence or absence of polar characteristics. Redfield stated that if a society loses its isolation or homogeneity, it becomes secularised, and its members work more for their interest rather than in the interest of others. However, the comparison of Yucatan with that of Guatemala led Redfield to conclude that ‘there is no single necessary cause for secularisation and individualisation’.

Sol Tax observed that Guatemala societies were ‘small… homogenous in beliefs and practices… with relationship impersonal… and with familial organisation weak, with life secularised and individuals were acting more from economic or other personal advantages than from any deep thought of social good’. Redfield regarded Tax’s observation as suggesting that the development of the money economy may be another sufficient cause of secularisation and individualisation. Robert Redfield’s continuum scheme defines an ideal type, and the folk society is the polar opposite of urban society. The ideal type is a mental construct, and no known society precisely corresponds to it. According to Miner (1952), criticisms of the folk-urban concept might be classed under three general headings: 

1. the problem of lack of fit between the empirical evidence on particular societies and the nature of these societies, which one might expect from the ideal type construct, 
2. the problem of definition of the characteristics of the ideal types, and 
3. the limited theoretical insight provided by the continuum.

Oscar Lewis pointed out that the folk concept is an ideal and hence a matter of definition. It is upon the heuristic value that the type and its related continuum must be judged. In his book, Life in a Mexican Village (1951: 432-440), Lewis made the following six criticisms of the conceptual framework about its utility for studying culture change and cultural analysis (Miner, 1952). 

• The folk-urban conceptualisation of social change focuses primarily on the city as a transformation agent to exclude or neglect other internal or external factors. 
• Culture change may not be a matter of folk-urban progression. However, rather an increasing or decreasing heterogeneity of Spanish rural element, such as the plough, did not make Tepoztlan more urban but instead gave it a more varied rural culture. 
• The typology involved in the folk-urban classification of societies tends to obscure the wide range in the ways of life, and in the value systems among so-called primitive peoples, the criteria used are concerned with the purely formal aspects of society. Focusing only on the formal aspects of urban society reduces all urban societies to a common denominator and treats them as if they all had the same culture. It should be clear that the concept “urban” is too much of a catchall to be useful for cultural analysis. Moreover, it is suggested here that the question posed by Redfield, namely, what happens to an isolated, homogeneous society when it comes into contact with an urbanised society, cannot possibly be answered because the question is too general and the terms used do not give us the necessary data. We need to know what kind of urban society, under what conditions of contact, and a host of other specific historical data.
• The folk-urban classification has severe limitations in guiding field research because of the highly selective implications of the categories themselves and the relatively narrow focus of the problem. The emphasis upon essentially formal aspects of culture leads to neglect of psychological data and, as a rule, does not give insight into the people’s character. 
• Finally, underlying the folk-urban dichotomy as used by Redfield is a system of value judgments that contains the old Rousseauan notion of ‘primitive’ people as noble ‘savages’ and the corollary that civilisation has made man selfish. While folk societies are thought to be integrated, urban societies are thought to be responsible for disorganisation.

Sol Tax pointed out that world view can change folk society’s independent characteristics without changing independent characteristics.

McKim Marriot

Robert Redfield conceptualised his idea based on the distinctions put forward earlier by European sociologists, such as Gemeinschaft and Gesellschaft (Tonnies) and mechanical and organic solidarity (Durkheim). Redfield (1955) formalised his ideas in the concept of the ‘Little Community’ with its four characteristics: smallness, distinctiveness, homogeneity, and self-sufficiency. Marriott, who was an American anthropologist, saw the interplay among the communities of rural and urban centres. In his essay on ‘Little Communities in an Indigenous Civilisation’ (1955), Marriott explicitly indicated the association between the caste system and the larger order of state and civilisation.

Marriot conducted his study in the village of Kishan Garhi, which is located in Uttar Pradesh. He talked about the Little Tradition and the Great Tradition and how cultural traits travelled from one society to another through universalisation and parochialisation. Marriot borrowed the concepts of the Great Tradition and the Little Tradition from Redfield’s idea of the Great Community and the Little Community, which the latter had discussed while conducting his studies in Mexican communities. According to Redfield, the Little Community was a smaller size, self-sufficient and relatively isolated village. Redfield held that every civilisation is composed of traditions. On the one end are the traditions of ‘elite’ and ‘thinking class’ while there are traditions of unlettered peasants. The former emanated from urban centres, and their temples, educational institutions and was described as the Great Tradition. The concept may be understood from another angle. Every society consists of the Great Tradition and the Little Tradition. The traditions, behavioural patterns, customs and rites, rituals and festivals of these communities may be the Great and the Little.

In Indian society, Hinduism is the Great tradition, and it represents the way of life and shapes social structure. The source of this great tradition may be traced back to its ancient thinkers and philosophers and the scholarly works and epics and treatises. The Little Tradition is represented by numerous rural and tribal segments of Indian society.

McKim Marriott, influenced by the studies conducted by Robert Redfield for their intensive study of India’s villages, elaborated the original model of Redfield in the light of data generated from Indian villages. Marriott envisaged two concepts: Parochialisation and Universalisation, with the two poles having been defined as the Great Tradition and the Little Tradition. Marriott characterised the mode of interaction between the Little and the Great Traditions in the Indian village as ‘parochialisation’ and ‘universalisation. Universalisation, according to Marriot, refers to the carrying forward of materials that are already present in the Little Tradition. In other words, it is the upward journey of little traditions to become a part of great traditions. Parochialisation, on the other hand, is the downward devolution of the Great Tradition elements and their integration with the Little Tradition elements. It is a process of localisation. Thus, there is a continuous dialogue between elements of the Little and the Great Tradition.

Marriott’s analysis is very illuminating, but one may argue that there is something more to be considered in studying modern India than the Great and the Little traditions; there is also the ‘new tradition’. Morris Opler has argued that:

Marriott’s conceptualisation leaves no room . . . for elements that are not aboriginal or local on the one hand or classical Indian on the other, but which come from without or which are invented by carriers of the culture. How the village will absorb and respond to these new ideas which sweep in from the West and the East or which are being generated in India today is perhaps even more important than how it copes with Sanskritic rites.

Opler’s criticism is valid, but Marriott’s study, nevertheless, has great merit. Through him, we are being helped to a viewpoint, a set of concepts, and a way of working that will allow anthropologists to study a village in its generic historic processes of interaction with the civilisation of which it is a part. However, studying the interplay of the Great and Little Traditions or the advent of the “new tradition” within a village does not help understand the Indian culture. It may be true that ‘to study Jonesville is to study America’, but it is not true that ‘To study Kishan Garhi, or Bisipara, is to study India.’ To do this, social scientists should not limit themselves to the village as an isolate.

Introduction

As we all know India is a country of unity in diversity. The mountain ranges, river-irrigated areas, rivers, and streams, forest, and desert all have beautified India with their outstanding diversity amongst people various races, castes, creed, religion, and languages each state and region has its uniqueness International local travellers or visitors love this variety colours, culture, and the climate, etc. Dance & music, colourful festivals and beautiful handiworks a spell on the visitors both National and international. Beaches of Goa, backwaters of Kerala, and snow-clad mountains of Himachal, and sands, & lakes of Rajasthan, world culture sights of Delhi etc are the symbol of the diversity of our nation. This colourful variety of a country makes our country a major attraction of tourists that is beneficial for the Economy, and prosperity of the country.

However, many of the differences in religions, traditions, languages and cultures have become so intense that they have assumed dangerous proportions for National Unity and safety. We not only have to provide the best facilities and safety to foreign tourists but also to maintain peaceful and amicable coextensive people belonging to different ethnicities and cultures. Without peace, our diversity is of no use. It is the common duty of the government and the people of India to keep the beautiful diversity of our nation secured in the card of unity intact.

Meaning of unity in diversity

The term unity in diversity relates to the state of togetherness or integrity despite the presence of infinite diversity. Unity in diversity is based on the concept where the individual has variations in physical qualities, skin colour, castes, creed, cultural and religious traditions, etc. are not seen as a dispute. Rather, these differences are viewed upon as varieties that improve the society and the nation as a whole.

In India, the national unions only can be the establishment of a strong, unified and prosperous Indian, usually in the days of extremism and terrorism. Mahatma Gandhi sacrificed his life for communal unity. Though, there are different communities like Bengalis, Gujaratis, Punjabis, Maharashtrians, Tamilians, etc. the facts remain that despite divisions and differences, caste or creed, we have lived together for thousands of years. Though, there are differences between the Hindu and the Muslim communities concerning their cultures, ideology, and rituals. They live together and have a deep-rooted respect for each other. The Hindus send greetings to their Muslim friends at the time of their Muslim festivals such as Eid, Muharram, etc. likewise, the Muslims also send wishes or greetings to their Hindu friends at the time of Hindu festivals such as Diwali, Durga puja, etc. this describes the majority of unity among the Hindus and the Muslims in India.

On many topics, they influence one another and are motivated by the ideals of oriental civilization. India is a large country. Different regions observe changes in climate. The spoken language of one state is quite different from other states. They wear different types of clothes, they celebrate different festivals and play varied religious rituals. People belonging to different cultures belong to different religious beliefs.

Origin of unity in diversity

The term unity of diversity signifies the unity between people with different cultural, religious faiths, social status and other demographic variations. This expression has its organizations, since ancient times, it is used by various political and social assemblies to show unity among the individuals or societies. This is an ancient expression that was earlier used by some societies in North America and China, around 500 BC. Unity in India is the best model of unity in diversity because people living with various religions and cultures follow the same laws as laid down by the Constitution of India.

Importance of unity in diversity

Unity in diversity is very much important for a country for:

National Integration

Unity in diversity is very essential for a country because it is a very simple task to divide people with different views and ideas. If there is a unity between people despite their variations and it is very difficult to disintegrate the nation. The unity among the citizens of the country plays a great role in maintaining peace and prosperity in the nation.

Development and growth

Unity in diversity plays a vital role in the growth of the country because the united country will always move on the path of development. It will face some internal issues than a country that is socially weak and distributed on different terms.

Global recognition

A country that is assorted, but still it is united, not only joins value to the nation but is also appreciated on international platforms. It sets an example for all nations by highlighting the values ​​and morals of citizens who respect and encourage each other despite their different backgrounds and cultures.

Peaceful co-existence

Diversity can also be the reason for the origin of internal disputes but unity in diversity plays a big role in maintaining peaceful co-existence with people with different cultures and backgrounds.

The difference between unity and diversity

There is a sense of togetherness and integration of unity. Its spirit holds people together and the bond that guides the path of righteousness.

Unity represents the relationship between the various parties that binds them together as one unit. It can even be argued that the lack of distinction between people of different races is supported by religious, linguistic, or racial aspects.

In contrast, diversity refers to something different. It is defined because the collective differences of various groups supported religion, race or language etc. It’s a diversity of classes and groups living in several regions, with different cultures, traditions and backgrounds.

Diversity can be something that helps bring about different perspectives, experiences and acceptances among people. Unity can be a state of existence while diversity can be a state of division or diversity. A family may have people with different views, interests, or ideas who express their differences in many respects, but as a family, they show the way to unity among themselves.

Merits and demerits of unity in diversity

Merits

• Unity in diversity increases the morale of individuals within the workplace, organization and community.
• It helps to expand collaboration, relationships, interactions between people, thereby improving performance, quality of work, productivity and lifestyle.
• This enables communication to thrive even under the most trying circumstances.
• Keep people removed from social ills and it helps to manage conflicts more easily.
• It promotes healthy human relationships and protects the equal rights of all people.
• Unity in diversity provides a source of tourism for India. People from all walks of life, cultures, religions, and clothing are attracted to many visitors and tourists from all over the world.
• This, though distinctly different from one another, results in the practice of national unity among the peoples of the world.
• It strengthens and enhances the rich heritage of the country and moreover as a cultural heritage of India.
• It helps to fill the agricultural sector with biodiversity as well as economic expectations.
• A source of skilled and developing professionals in various parts of the country.

Demerits

• This can give rise to multiple social strains among various states and people of linguistic origin.
• It produces corruption and illiteracy in many regions of the country.
• Due to the undeveloped foundation, power deficiency, roads etc. it can be the origin of poor lifestyle in various pastoral areas.

Unity in diversity in ancient India

Ancient Indian history is exciting because many races and tribes mingled in early India. The pre-Aryans, the Indo-Aryans, the Greek, the Scythians, the Hunas, the Turks, and many others made their homes in India. Every ethnic group gave its mite to the development of the Indian social system, art and architecture, language, and literate. All these peoples and their cultural features blended so inseparably that they can be recognised in their original form. 

An incredible feature of ancient Indian culture has been the combining of cultural components from the north to south, and the east to west. The Aryan factors are equalised with the Vedic and puranic culture of the north and pre-Aryan with the Dravidian and Tamil culture of the south.’

They symbolise ideas, organisations, goods, and settlements connected with peninsular and non- Vedic India. Furthermore, many pali and Sanskrit terms, implying ideas and organisations, formed in the Gangetic plains, appear in the earliest Tamil texts called the Sangam literature which is brutally used for the period 300 BC-AD 600. The eastern area occupied by the pre-Aryan tribes made its contribution.

The people of these regions spoke the Munda or Kolarian language. Different terms that imply that usage of cotton, navigation, digging stick, etc., in the Indo-Aryan language have been traced to the Munda languages by scholars. Although there are many Munda hollows in Chhota Nagpur plateau, the remains of Munda culture in the Indo-Aryan culture are fairly strong. Many Dravidian terms are also to be located in the Indo-Aryan languages. It was held that changes in the phonetics and glossary of the Vedic languages can be described as much based on the Dravidian importance as that of the Munda.

India in ancient times has been a land of several religions. Ancient Indian viewed the birth of Brahmanism or Hinduism, Jainism, and Buddhism, but all these cultures and religions socialised. Therefore, Indian speak various languages, practice several religions, and perceive various social customs, they follow several common styles of life. Our country shows a deep-rooted unity notwithstanding great diversity. The Indian subcontinent was geographically well settled and its geographical unit was enhanced by cultural combination. Though there existed many states, literature, cultures, and communities gradually people developed territorial identity. The states or regional units, called janapadas, were named after various tribes. Though, the country as a whole came to be defined as Aryavarta after the dominant cultural society called the Aryans. Aryavarta signified the northern and central India and spread from the eastern a to the western sea coasts. Another name by which India was better known as Bharatavarsha or the land of Bharatas. 

Bharata, in the sense of family, figures in the Rig Veda and Mahabharata, but the name Bharatavarsha occurs in the Mahabharata and post-Gupta Sanskrit texts. This name was used to one of the nine members of the earth, and in the post-Gupta period, it denoted India. The term Bharati or a citizen of India occurs in post-Gupta texts.

The significance of the past to the present

Recent research in India sees special importance in the context of the problems we are currently facing. Some people are complaining about the restoration of ancient culture and civilization, and a large number are being swayed by what they consider to be India’s past glory. This is in contrast to the concern for the preservation of ancient artistic and architectural treasures.

What they want to bring back is the old way of society and culture. This requires a clear and accurate understanding of the past. There is no doubt that the ancient Indians made great strides in various fields, but this advancement alone will not enable us to compete with the achievements of modern science and technology. We cannot ignore the fact that the ancient Indian society was marked by gross social injustice.

Law orders, especially Shudras and untouchable ones were also included in the paralysis which is alarming to the modern mind. Likewise, law and culture discriminate against women based on race. Restoration of the old way of life will naturally regenerate and strengthen all these inequalities. The success of the ancients in increasing the complexity presented by nature and human resources can build our hope and confidence in the future but any attempt to restore the past will mean to increase the social inequalities that plagued India.

India will not grow fast unless those species of the past are eradicated from their society. The caste plan and the opposition system prevent the integration of democracy and development in India. Caste barriers and discrimination do not allow even educated people to appreciate the dignity of the craft and disrupt our meeting for the same reason. Although women have been given the rights of other people, their subjection to their age will prevent them from playing their proper role in society, and this also true of lower social norms.

Previous studies have helped us to examine the roots of this prejudice in more detail and to identify factors that support the caste system, subjugating women, and promoting less religious sects. The study of ancient Indian history, therefore, is not suitable not only for those who want to understand the nature of the ancient truth but also for those who want to understand the kind of barriers to the development of India as a nation.

Factors that influence to unity in diversity

Geographical unity

India may not be a mixed by itself but from times ancient India has been consi­dered as-one country. The only name Bharatvarsha has granted to this country emphasis this unity. According to the authors of ‘Advance History of India’, the word and the concept of unity mean, “have always existed in the minds of theologians, political philosophers, and poets who spoke of the thousands of yojanas (leagues) of the land that stretches from the Himalayas to the sea as the customary field of a single universal emperor.” 

Throughout medieval times, Muslim rulers too considered it one country and made every effort to seize it. Nature has also favoured regional unity by providing the Himalayas North and the sea to the other three sides of the country, and thus completely separating India from other countries.

The rivers of India are also responsible for giving a sense of unity to the country. Some of the rivers are of divine origin and are considered sacred by all Indians. For example, Ganga is worshipped in all the tour guides. Pilgrims from all over the country continue to visit the shrines standing on their banks. Other rivers, such as the Yamuna and Saraswati rivers, are also considered sacred by the people throughout the country. In short, we can say that despite the geographical diversity the country has enjoyed a common sense of unity. 

Racial unity

There is no doubt that the people of India belong to distinctive races but they are so much engaged in the Hindu fold that they have completely lost their separate reality. It is a recognised fact that the people of India, to whichever race or area they might belong, are known as Indian or Hindustani. This is clear evidence of the underlying racial unity of the people.

Linguistic unity

Although India maintains a variety of language, In the 3rd century B.C. the Prakrit was accepted as the common language of the people. According to Dr Ray Chaudhri, “Prakrit was the one only language enough to bring the information of a royal minister to the bars of his enduring subject during this huge kingdom.” After Prakrit, Sanskrit became the common language of the masses. Another local language which subse­quently realised influence began out of Sanskrit. Some of the leading Indian languages which owe their rise to Sanskrit include Hindi, Gujarati, Telugu and Tamil. Sanskrit followed as the lingua franca throughout ancient times.

Throughout the Medi­eval times also though the Sanskrit language was not spread royal support by the Muslim rulers, the rulers in the South continued to favour it and it continued to increase. With the coming of the British, English shifted lingua franca. After independence, this role has been carried over by Hindi. The text of the various languages used in India also maintains a certain amount of regularity. Almost all the texts are based on the Brahmin script. The literature originated in different Indian languages also maintains a component of unity.

Religious and social Unity

In the religious sphere and in spite of diversity, the type of unity has grown among the various religious denominations in that country. India was primarily a Hindu country and its culture was based on the Varnashrama Dharma Vya-vastha, e.g. Caste, Ashrams and Dharma. 

People in all four corners of the globe followed these principles. People also worship the same Hindu deities throughout the land, although they are assigned different names in different names in different regions. The Hindu religious activities of Ramayana and Mahabharata were also popular throughout the country and the Indians in the north and south, as well as in the east and west, placed great importance on these activities. 

Likewise, the Vedas, Puranas, and other religious texts are given due recognition by people from all parts of the world. Also, every Indian person regardless of his unity, creed and ethnicity believes in the doctrine of the transmigration of the soul, the rule of one person, the immortality of the soul, the karate of the flesh, the redemption of the Moksha, etc. people living in different parts of the world practice the same customs and religions. Even Hindu religious sites such as Ayodhya, Avantika, Mathura, Gaya, Kashi, Sanchi, and Puri are found in the four corners of the country. 

Hindu festivals like Holi, Diwali are also celebrated in all religions of the country. People of all faiths are involved in this celebration. We, therefore, find that despite the diversity of religions there is a great diversity of cultures that is largely influenced by the diversity of religions.

Dr. V. A. Smith says, “the important unity of the Indians is based on the fact that the different people of India form a certain kind of culture and civilization, which can be called Hindustani.” He also said that, “the nature of his development has many distinguishing features from all other regions of the country, or a small continent with an adequate level of management of its administration as a unit in the social, religious and intellectual history of humanity.”

Religious and cultural unity has also led to unity in the social sphere. People of various religions have gone to great lengths to establish their dress and grooming.

Political unity

In the political arena, national unity has been one of the greatest goals which most of the Indian rulers appreciated. Undoubtedly, India was divided into various small institutions but the powerful rulers were always eager to bring all these territories under their control. They were determined to take the title of Chakravarti. According to Kautilya, the base of the Chakravarti kings was extended from the Himalayas to the sea. In other words, according to Kautilya, the king was regarded as Charravati only when he succeeded in increasing his power or supremacy over the whole country. Ordinarily, such titles were considered by the king after the due completion of rituals and sacrifices.

In ancient times, Chandra Gupta Maurya, Ashoka and Samundra Gupta brought out all the Indian Empires. During ancient times, Ala-ud-Din-Khilji and Aurangzeb made efforts and succeeded in establishing their rule throughout the country. These Muslim rulers were provided with a common system of governance, common laws and customs, common gatherings etc, and thus introduced a form of political unity throughout the country. We therefore find that although there are different religions, cultures, languages, geographical diversity, etc. India had enjoyed some kind of unity.  

Unity in diversity in Indian society

India has been an excellent example of providing this concept for many years. More than 1,000,650 languages are spoken in India. People from different religious backgrounds and cultures live here. They follow the different religions of their choice because India is a secular country. Related to different cultures, languages, and religions, the people here respect one another and live in a spirit of love and brotherhood. India, a 5000-year-old civilization is a country of diversity, be it religion, race, caste, culture or language, there is so much diversity in the country. There are about 29 regions and each country has its own culture and language. Every year more than 30 new festivals are celebrated for the various communities in the country. Despite such differences, the Indian people display a genuine sense of unity among themselves that reflect the concept of unity in diversity of India is considered to be unique in a world that threatens global society. This is because of the ancient Indian culture that taught the people and the same bond of nationality.

People from all parts of the world are joining the brotherhood. Unity in diversity is a positive aspect of our nation because people of different religions have had a human band for many years. If we are not united, we will surely fall which means “united we stand and we are divided we fall”. The constitution of India gives all citizens the right and freedom to live their lives with dignity and respect without interference.

The main reasons behind the unity in diversity in India

India has seen the cultural history of experiments creating new forms, the diversity of which can be felt in terms of the number of cultural, religious, linguistic, functional units and political parties. These differences can easily be attributed simply to previous years of migration, exchange, initiation and comparison and the separation of natural boundaries. The transition period and in the current situation with a population of about 1.33 million. India introduces a border of different cultures and traditions, we see the rise of faith, from prehistoric times to the Vedic period. Although it was present at the adoption of this form, it differed from region to region, and sometimes when the Aryans arrived, different tribal societies had different values ​​and different metals of the same values ​​giving the same heritage for several generations.

Hierarchical systems were widely known, they differed from region to region. Hindus, therefore, appear not only as a religion but as a single view of different practices. As well as the migration of other strong religious communities in India, especially the long-standing Islam and Christianity in India. Cultural integration and doctrinal growth, the development of tolerance and solidarity in India. Religions such as Judaism from around the world were bound in small pockets in the Indian subcontinent.

When other religions such as Buddhism, Jainism and Sikhism were formed in India they committed themselves to heal the region and did not make much difference. The same effect of migration was seen when people of different races moved to India. They mingle, embrace their natural characters through the exchange of local population and produce new ways of culture and social designs, leading to a variety of lifestyles and lifestyles. The interaction of people with a multilingual family proves that it is the power of Indian cultural roots. Equal distribution is still prevalent in the divisions of Indian tribes. Some of them are far from the modern world of urbanization and modernization.

Our country is going through stages of cultural development following their ancient traditional values. It, therefore, exceeds the natural spirit and the ancestors worship one of the following theology. Although there are differences in our social structure, the unity of the caste system has led to the pain of preaching. We need acceptance, tolerance and correction in its spine. Our constitution also provides us with an independent, national, social and democratic republic, which we all enjoy with pride and happiness.

How our Indian Constitution shows unity in diversity in India

A constitution is an official document with specialized legal expertise, which sets out the framework and core functions of the organs of state, and sets out the principles that govern those functions. Like all other constitutions, the constitution of India also seeks to establish the basic structures of government and administration, undermines its structure, composition, powers and functions, defines intergovernmental relations, and regulates relations between citizens and the state. It was in 1934 that the idea of a meeting in India was first conveyed by M.N.Roy.

In 1938, Jawaharlal Nehru, instead, the Indian National Congress (INC) declared that ‘the free constitution of India must be formed without external interference. The meeting was attended by the representative of all sections of the Indian-Hindu, Muslim, Sikh, Parsis, Anglo-Indian communities, Indian Christians, SCs and STs including women of all denominations. In all communities, a draft committee overseeing the critical Dr B.R. Ambedkar moved a motion- ‘the constitution as established by the convention was passed.’ moving forward the constitution was promulgated on November 26, 1949, and the rest of the amendment began on January 26, 1950, the day commemorating and celebrated as Republic day of India.

The first section of our Constitution states, “India, that is Bharat, shall be a Union of States.” India emerged as an international organization and was released into the hands of the British raj. Several tribes, divided and ruled, came together to form the Indian union. According to the preamble, India is a sovereign, socialist, special, and the democratic republic. The word “emperor” emphasizes that India is no longer dependent on any foreign power. The term “socialist” is included in the preamble of the constitutional amendment act, 1976. In general, it refers to a form of ownership and distribution by the state. The term “secularism” refers to a state that does not have its religions as an accepted state religion. He treats all religions equally. The term “democracy” indicates that the constitution established a democratic form of government. The constitution, through its fundamental rights, fundamental principles and principles, created a world government based on the principles of equality and non-discrimination. Judiciary after a thorough consideration of the constituent assembly, the founding fathers formed a reference to justice through the power of judicial review. ‘Is considered a judiciary of rights and justice’. 

Justice is the only way citizens can apply the principles of the constitution and protect their rights. The constitution of India pays special attention to providing an effective legal solution. As Article 32 empowers the court to issue orders or directors, including writs in the forms of habeas corpus, mandamus, prohibition, quo warranto, and certiorari, whichever is appropriate, in the enforcement of any fundamental right, Indian justice brings measures such as public interest litigation, right to information and gives all children the right to education. And the intergovernmental relations for this purpose were to ensure national unity and integrity while simultaneously carrying out the task of economic reconstruction through democratic means and to achieve this goal and to meet the special needs of India. 

Conclusion

Unity in diversity instructs us that although we are from diverse caste, creed or race, these variations cannot keep us apart and we are eternally united for the improvement of our nation. This is the most uncommon event which is exposed in our country. It not only performs the nation united and strengthened but it also holds us alive in the old eras, the belief of co-existence with love, peace, and respect. The distinction in culture, traditions, festivals, music and dance makes the country energetic and makes an unbelievable country in the world.

Change is universal law of nature. This law of nature has been prevailing from the primitive period till now. Since Caste System is a social institution, its aspects are naturally changed. In the modern age, many changes happen in the features and functions of Caste System.

Modernisation has deeply influenced Caste System. Therefore, it is gradually losing its rigid and conservative principles. The changing aspect of Caste System in India is discussed below:

Declined Superiority of Brahmins

In the social hierarchy of Caste System, the Brahmins occupy the top-most position. They are recongnised as superior caste till now, but their predetermined importance has been declined. The Brahmins cannot impulse their dignity and importance on other castes, as it was in ancient days.

Today, in various industries, government offices and other occupational institutions efficiency of the people is given more priority that birth. Though Caste System had established the importance of Brahmins, yet the importance is on the process of steady decline. As a result, the caste status of Brahmins is declining. They cannot enjoy their high social status as a dominant caste unlike in ancient days.

Changes in the Restrictions Regarding Social Habits

In the past, Caste System had imposed certain restrictions on social habits such as food, drink and intercourse. But modern education, transportation and communication have brought a radical change in those restrictions.

Though, Caste System has existed today, yet its restrictions on social intercourse have been declined. The member of different castes sits and eats together. The sense of purity-pollution is gradually disappearing among them.

Changes in the Restrictions Regarding Marriage

The introduction of inter-caste marriage is one of the major changes in Caste System. Inter-caste marriage was strictly prohibited in the Hindu Society in ancient times but now-a-days, the spread of western education, cultural changes and female education has declined all restrictions of marriage within the caste inter-caste marriage destroys the backbone of Caste System. Indian Parliament also encourages inter caste marriage by implementing many Acts.

Changes in the Restrictions Regarding Occupation

In the past, a particular occupation had been fixed for every caste. The members belonging a particular caste had no specialty in selecting occupations. They followed the determined occupation from birth of death. Now-a-days, the members of Shudra caste are established in higher post in government offices and the Brahmins works as their sub­ordinate employees.

After independence the Government has abolished the occupational restrictions through law. A person of any caste can follow any capacity. It is clearly noted that changes have taken place in occupational restrictions to some extent.

Changes in Caste Structure

In ancient period, the structure of caste was closed and rigid. There were different customs, traditions, folkways and mores for different castes. These rules and principles were so closed and rigid that the lower caste people could not even touch the shadow of the higher caste people. But now-a-days the structure of caste has become open and flexible.

Change in Caste Status

The caste status was determined in the past. Caste System gave social status to its members on the basis of birth. For example, Caste System placed Brahmins in higher social status and gave lower social status to Shudras.

But now-a-days, a radical change has taken place in the social status of Shudras and other lower castes as a result of speedy scientific and technological progress. Besides birth, wealth, power and genius determine the social status of the people.

The lower caste people gradually adopt the customs, rites and beliefs of Brahmins. They follow the life style of Brahmins and try to develop their social status in caste hierarchy.

Prof. M.N. Srinivas called this process as ‘Sanskritisation’. The higher caste people on the other hand, adopt the principles of Western civilisation on their food, clothing, shelter and behavioral pattern. It is called as ‘westernisation’.

Change in Conditions of Lower Caste

Lastly many changes have taken place it the conditions of lower caste people. In the past, the condition of the lower caste people was very pitiable. They had no rights in the society. The lower castes were oppressed and neglected as Harijan Castes.

But due to the direct attempt of Gandhiji, quick development has taken place in their conditions. Gandhiji lovingly called them as the people of God.

Now-a-days the Harijans get much more opportunities than other castes. The Government has brought a quick change in their conditions by legislating different Acts. They are given priority in education and services and seats are reserved for them.

The lower caste people are given equal rights and opportunities in social, economic and political spheres almost like higher castes people. As a result of this, the condition of lower caste people has been quickly improved.

Family is one of the universal and permanent institutions of mankind. In every society and at every stage of development we found some sort of family. As a result we found different types of family all over the world. But in India we found a peculiar family system which deserve special attention. The family in India does not consist only of husband, wife and their children but also of uncles, aunts and cousins and grandsons.

This system is called joint family or extended family system. This joint family system is a peculiar characteristic of the Indian social life. Usually a son after marriage does not separate himself from the parents but continue to live under the same roof eating food cooked at one hearth participating in common worship and holding property in common and every person has share in it.

All the members of joint family keep their earnings in a common fund out of which family expenses are met. Accordingly Indian Joint family system is like a socialistic community in which every members earns according to his capacity and receives according to his needs. This joint family or extended family is organized on close blood relationships. It normally consists of members of three to four generations.

In other words joint family is a collection of more than one primary family on the basis of close blood ties and common residences. The entire members are bound by mutual obligations and have a common ancestor. It consist of an individual his wife and married sons their children and unmarried daughter, his brother and his parent.

But to have a clear understanding of the meaning of joint family we must have to analyze some of its definitions given by different sociologists.

Some of this definitions are as follows:

(1) According to Smt. Iravati Karve, “A joint family is a group of people who generally live under one roof, who eat food cooked at one hearth, who hold property in common and who participate in common worship and are related to each other as some particular type of Kindred.”

(2) According to K.M. Kapadia, “Joint family is a group formed not only of a couple and their children but also other relations either from father’s side or from mother’s side depending on whether the joint family is patrilineal or matrilineal.”

(3) According to Henery Maine, “The Hindu joint family is a group constituted of known ancestors and adopted sons and relatives related to these sons through marriage.”

(4) According to K. Davis, “The joint family consists of males having a common male ancestor female offspring not yet married and women brought into the group by marriage. All of these persons might live in a common household or in several households near to one another. In any case, so long as the joint family holds together, its members are expected to contribute to the support of the whole and to receive from it a share of the total product.”

Features or Characteristics of Joint Family

Joint family has the following features or characteristics.

Large in Size

The most important characteristic of joint family is that it is large in size. Because it consists of members of three to four generations. It includes parents, grandparents, children grand children and other close blood relatives. Several nuclear families live together as one and constitute a joint family.

Joint Property

Joint or common property is another important characteristic of joint family. All movable and immovable property of the family held jointly. Ownership, production and consumption of property take place jointly. All the members pool their income in a common family fund from which expenditure is incurred equally irrespective of their income. The head of the family acts as a trustee of the family property and looks towards the material and spiritual welfare of the family members. A family continue to remain joint till it’s property held jointly. Division of property means division of family.

Common Kitchen

It is the next important feature of joint family. All the members of joint family eat food cooked at one hearth. There is division of work in a joint family. Male members work in the field whereas female members remain engaged in the hearth. The eldest female member remains in charge of the kitchen and supervises the work of other women. This joint kitchen keeps the joint family integrated. Because separate kitchen means separation of family.

Common Residence

All the members of a joint family live under a common roof or in a common residence. This joint living crates a sense of unity among all the members of the family. As the joint family consists of several nuclear family when it became too large and the accommodation became insufficient they may live in separate houses in close proximity to one another. Thus living in a common residence all the members eats similar type of food, wear similar type of dresses and shows similar type of behavior.

Common Worship

All the members of a joint family believe in a particular religion and worships common gods and goddesses. This common god is known as ‘kula devatas’. All the members participate in common prayer and worship their ‘kula devatas’ jointly. They have similar faith and beliefs. All the members celebrate religious rites, duties and festivals jointly. This joint worship passes from generation to generation.

Similar rights and obligations

All the members of the joint family except the head enjoy similar rights and shows similar obligations towards each other. This keeps the joint family integrated. Each member remain conscious about his rights and obligations.

Close blood ties

All the members of joint family are bound by close blood ties. In other words there exists close blood relationships among the members of joint family.

Absolute power of the head

In a joint family the eldest male member or the head enjoy absolute power over others. In every respect his decision is final and binding.

Co-operation

Co-operation is the basis of joint family. All the members co-operate with each other in realization of their common objective and while performing family functions.

Socialistic Ideals

Joint family based on socialistic ideals “from each according to his capacity and to each according to his necessity”.

The Functions of Joint Family

Joint family is a peculiar and unique social institution of Indian Society. Joint family or extended family system is a peculiar charac­teristic of the Indian social life. Since its origin it has been instrumen­tal in providing protection, economic support and recreation to its members. It also helps in fostering good qualities among the mem­bers. It nourishes and socializes its members. As an important social institution it has brought about the well being of its members in sev­eral ways. It performs many functions. Some of its important func­tions or advantages or merits are stated below:—

Economic functions

Joint family performs a number of economic functions. It guarantees food, clothing and shelter to its members. All the members of joint family works together on a coop­erative basis and in that way it saves money that would have been spent on hired labour. Besides collective purchase of household ar­ticles also saves money. It avoids fragmentation of agricultural land and thereby helps in increasing productivity. By this way joint family ensures economic progress of the family as well as society.

Protective functions

Joint family performs a number of protective functions for its members. It acts as a safe home for the physically or mentally handicapped, sick, old members.

It also acts as an asylum for the orphans. It also assures a proper living for the widows. Thus joint family acts as a social insurance company for the old, sick and destitute.

Recreational functions

Joint family performed a num­ber of recreational functions for its members. It provides healthy recreation to all its members. By arranging feasts on different reli­gious, social and festive occasions it provides recreation to its mem­bers. The joking relationships in the joint family are another source of amusement.

Fosters social virtues

Joint family fosters good social virtues like sacrifice, love, affection, cooperation, mutual help, self­lessness, renunciation among its members and makes the family a cradle of social virtues. Under care and guidance of the elders the youths are prevented from being wayward. These social virtues are learned during the process of socialization.

Socialism

Socialism prevails in joint family because it believes in the socialistic principle i.e. “from each according to his ability and to each according to his necessity. Hence Sir Henry maine is right when he remarked that the joint family is like a corporation where the father acts as it’s trustee. Earnings of all the members are kept in a common family fund from where the expenditures are met.

Acts as a unique device of division of labor

Joint family acts as a unique system of division of labor. All the advan­tages of modern division of labor are enjoyed by joint family. All the works of the family are equally distributed according to the abilities of its members. All the family members help during harvesting of crops. None is over burdened. It brought economic benefits to family.

Provides leisure

Joint family provides necessary leisure to its members. As all the works are divided among the members and it finish within a little time and the rest time is spent in leisure. Besides the sick and old member are provided with more leisure

Agency of social control

Joint family acts as an agency of social control. As an informal agency it controls the deviant behaviors of its members. The unsocial and anti-social activities of its members are suppressed within a healthy family environment.

Agency of Socialization

Joint family acts as an impor­tant agency of socialization. Family first socializes the child. Child learns a number of civic virtues in the family. The environment of family guides the growth of a child. The child gets his first lessons in the family. The family moulds the personality of the individual and continues to exercise its influence throughout life.

Dysfunction’s (Demerits or Disadvantages) of Joint Family

Here is your essay for students on the Dysfunction’s (Demerits or Disadvantages) of Joint Family!

Although joint family is an important social institution and has been performing a number of functions is not free from criticism. Inspite of its instrumental role in preserving the Indian social struc­ture it has many things to its discredit. However, joint family has the following dysfunctions and demerits.

Hinders the development of Personality

Joint family hinders the development of individual personality. The karta or the head of the family enjoy absolute authority in the family. His deci­sions are binding in family matters. Such authoritative nature of joint family leaves little scope for the development of self-dependency and personality of the junior members. Individual autonomy are severely restricted.

Encourages birth rate

Joint family encourages birth i rate. No individual member faces the problems of having more child j birth. It is the responsibility of joint family to bring up the children and provide education to them. Besides irrespective of parental income all children are treated equally in a joint family. Hence no individual finds any cause to control reproduction. Thereby it encourages birth rate.

Home for idlers

Joint family gives stress on collective responsibility. Some members take advantage of this and became lazy. In a joint family some active members work harder while others become lazier. Because in a joint family there is no reward for the hard working members and no punishment for the lazy members. All are treated equally in every respect. This also lessens the interest of hard working members in doing hard work. As a result joint family became a home for idlers and family prosperity is impaired.

Pitiable condition of Women

Conditions of women are very pitiable in the joint family system. They are the worst sufferer. They toil for the family day and night and eat only after all the male members. They enjoy low status in the family. Very often the daugh­ter in law faces different kinds of ill-treatment by the mother-in-law and sister-in-laws.

Frequent Quarrels

Because of large size in general and presence of many women in particular in the joint family quarrels occurs frequently. There is hatred, jealousy and constant bickerings among the female members. There is always clash of ideas, inter­ests, ideals and temperaments which makes the joint family a hotbed of quarrels. Quarrels became more severe when the male members got involved.

Lack of Privacy

Absence of privacy particularly to the newlywed couple impaired their personality in a joint family system. Due to the presence of large number of individuals and elders the newlywed couple could not meet each other during day time to dis­cuss their problems. Hence joint family environment is not congenial for the newly married couple to enjoy their life in full.

Absolute authority of the head

In a joint family system the head or ‘Karta’ enjoys absolute and unquestionable authority. Being the eldest member he is orthodox in his attitude and temperament. He normally do not allow new ideas and change to be introduced easily. Dynamic members do not find scope for utilization of their plan for development. Besides he insists on the practice of old customs, tradi­tions etc. All this hinders the process of development of joint family.

Low Standard of Living

Standard of living in a joint family is very low due to number of factors such as pitiable condition of women, lack of privacy, frequent quarrels and litigation, improper care of common property, laziness of some members etc.

In spite of the above dysfunctions joint family system still con­tinue to exist in modern day. Of course the system is breaking down in cities but it still prevails in rural areas. But it cannot said that the system has been completely abolished. It continues to exist in Indian Society withstanding the challenges of time. It still exists today in a renewed and modified form.

The Panchayati Raj System in India, established to foster local self-governance and empower rural communities, has significantly influenced the rural power structure. With the implementation of the 73rd Constitutional Amendment Act of 1992, Panchayati Raj Institutions (PRIs) were formalized as the third tier of governance, aimed at decentralizing political power, enhancing public participation, and promoting social justice. By establishing a three-tier structure of elected Panchayats at the village, block, and district levels, the Panchayati Raj system has redistributed power traditionally held by land-owning elites and upper-caste groups.

Background and Objectives of the Panchayati Raj System

Historically, rural governance in India was managed by informal village councils dominated by landed elites and upper-caste groups. These informal councils wielded significant control over social and economic matters within villages. However, these councils lacked democratic accountability, often functioning based on tradition rather than equity or public welfare. Recognizing the need for a more inclusive, democratic structure, India’s leaders introduced the Panchayati Raj system, intending to decentralize power and allow for local participation in decision-making.

The 73rd Constitutional Amendment Act mandated the establishment of elected Panchayats with several key features, such as:

1. Direct elections to Panchayats every five years.
2. Reservation of seats for Scheduled Castes (SCs), Scheduled Tribes (STs), and women to ensure representation of marginalized groups.
3. A three-tier structure with Gram Panchayat at the village level, Panchayat Samiti at the block level, and Zila Parishad at the district level.
4. Financial autonomy granted through State Finance Commissions, enabling Panchayats to access resources for local development.

By aiming to empower local communities, enhance public accountability, and support marginalized communities, the Panchayati Raj system has redefined rural governance and rural power dynamics in India.

Impact of Panchayati Raj on Rural Power Structure

The implementation of the Panchayati Raj system has had a transformative impact on the distribution of power in rural areas. It has introduced a new democratic framework for governance, which has weakened the influence of traditional elites and allowed marginalized groups to gain representation and voice in decision-making processes.

1. Democratization of Rural Governance

The Panchayati Raj system has democratized rural governance by establishing elected representatives at the village level. Previously, village councils or influential families would make critical decisions without any input from the wider population. However, the Panchayati Raj system introduced direct elections in villages, giving rural citizens the opportunity to participate in governance and choose their leaders.

Through the Gram Sabha (village assembly), villagers can actively participate in planning, budgeting, and monitoring of development activities, enhancing transparency and reducing the autocratic control of traditional leaders. By promoting democratic processes, the Panchayati Raj system has enabled ordinary citizens to challenge traditional hierarchies and exercise control over decisions that affect their lives. This change has especially impacted villages where landowners and caste elites previously monopolized power, as it has allowed villagers from diverse backgrounds to elect their own representatives.

2. Empowerment of Marginalized Groups

A major feature of the Panchayati Raj system is the reservation of seats for marginalized communities, including Scheduled Castes (SCs), Scheduled Tribes (STs), and women. By mandating reserved seats, the Panchayati Raj system has empowered these groups, giving them representation in local governance and the opportunity to influence decisions that affect their lives.

For example, SC and ST Panchayat members are now able to advocate for the needs of their communities, such as access to healthcare, sanitation, education, and land rights. This reserved representation has also created a platform for marginalized communities to assert their cultural and economic rights, challenging the dominance of upper castes in village politics. The ability of these groups to hold office and influence governance has promoted social equity, weakened caste-based discrimination, and given marginalized groups a greater stake in local governance.

Additionally, the representation of Other Backward Classes (OBCs) and women in Panchayats has been instrumental in diversifying local leadership and addressing the unique needs of these groups. Studies indicate that issues that affect women disproportionately, such as water supply, childcare, and health, are more likely to be addressed when women hold positions of authority in Panchayats. This shift has allowed marginalized voices to be heard and has improved the inclusivity of rural governance.

3. Empowerment of Women and Gender Equity

The reservation of one-third of seats for women across all levels of Panchayats has been a significant step toward promoting gender equality in rural India. This reservation has led to a rise in women leaders in local governance, which is particularly significant in rural areas where patriarchal norms and gender biases have historically restricted women’s participation in public life.

Women elected to Panchayats bring attention to issues such as maternal health, child welfare, domestic violence, and sanitation, which may have been overlooked by male representatives. Studies have shown that female representation in Panchayats often leads to higher allocations for healthcare, education, and sanitation projects, benefiting the wider community.

Despite challenges such as proxy representation (where male family members make decisions on behalf of elected women) and patriarchal resistance, women in Panchayats have made strides in transforming traditional gender roles, increasing their social status and political agency. This empowerment has contributed to a shift in gender relations, with women in rural areas now gaining respect, status, and a sense of agency in public life.

4. Challenges to Traditional Elites

The Panchayati Raj system has posed significant challenges to traditional elites in rural India. Historically, rural power structures were controlled by landowning families and upper-caste groups who maintained their influence through social networks and economic power. The democratic framework of Panchayati Raj has undermined this dominance by allowing for direct elections, giving ordinary citizens the ability to challenge the authority of these elites.

In some cases, traditional elites still exert influence over Panchayat elections, often by backing candidates who align with their interests. However, the Panchayati Raj system has limited their monopoly over decision-making by creating opportunities for people from various backgrounds to enter local governance. The introduction of democratic processes has encouraged villagers to elect representatives who genuinely address their interests, rather than defer to powerful families or castes.

Moreover, as Panchayats are tasked with implementing development schemes, welfare programs, and economic projects, the distribution of resources has become more transparent, reducing the likelihood of corruption and misuse of funds by traditional elites. This transparency and accountability further weaken the hold that traditional elites have on rural governance, fostering a more equitable distribution of resources and empowering a wider range of stakeholders.

5. Economic Decentralization and Development

With the establishment of Panchayati Raj institutions, economic decision-making has been decentralized, allowing local communities to manage funds and plan development initiatives based on their unique needs. Panchayats are granted financial autonomy to implement local development projects related to infrastructure, education, healthcare, and social welfare. The State Finance Commissions allocate funds directly to Panchayats, ensuring that resources are available for local projects and reducing dependency on state-level authorities.

The availability of funds has enabled Panchayats to address critical needs such as road construction, water supply, and sanitation, improving the quality of life for rural residents. Additionally, employment schemes like the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) are administered at the Panchayat level, providing job opportunities and income for the rural poor. By involving Panchayats in economic development, the system has empowered local communities to take charge of their economic progress, enhancing their self-reliance and capacity for growth.

The role of Panchayats in economic planning has not only promoted rural development but has also decentralized economic power, further reducing the control of traditional elites over resources and increasing economic opportunities for a wider section of society.

6. Promoting Accountability and Transparency

The Panchayati Raj system has introduced greater accountability and transparency in local governance. Elected Panchayat representatives are now answerable to their constituents, in contrast to traditional leaders who often held power without public accountability. Regular elections ensure that Panchayat leaders must perform well to retain their positions, while social audits and Gram Sabhas (village assemblies) provide platforms for villagers to participate in governance.

The Gram Sabha allows villagers to review and discuss budget allocations, development projects, and welfare schemes. This participatory approach has not only reduced corruption but has also given villagers a sense of ownership over development activities. By involving the community in decision-making and oversight, the Panchayati Raj system has improved transparency, making it more difficult for elites to misuse public funds.

Challenges and Limitations of the Panchayati Raj System

Despite its successes, the Panchayati Raj system faces several challenges. In some cases, traditional elites continue to exert influence over Panchayat elections through financial power and social networks. Proxy representation remains an issue, especially for women representatives, where male family members make decisions on their behalf.

Moreover, the lack of adequate training and resources for Panchayat members, especially from marginalized backgrounds, hinders their ability to govern effectively. Limited financial autonomy and bureaucratic interference from state governments also restrict the scope of Panchayats in certain states, reducing their ability to fully implement development projects.

Conclusion

The Panchayati Raj system has fundamentally transformed the rural power structure in India by introducing democratic governance, promoting social inclusivity, and empowering marginalized communities and women. While challenges persist, the system has weakened the influence of traditional elites and created an environment for more equitable rural governance. By providing a platform for local participation, economic development, and social equity, the Panchayati Raj system has set the foundation for rural democracy and social change, fostering a more representative and inclusive governance structure across India’s rural areas.

Meaning

Marriage is one of the social institutions that is universal and found in some form or the other in every society. It is the institution that admits individuals into family life. In fact, it is the basis of family. It is an institution that has been formed to regulate the sexual life of people in any society.

Various sociologists have defined marriage in the following ways:

‘Marriage is more or less durable connection between male and female, lasting beyond the mere act of propagation and the birth of offspring.’

– Edward Westermarck

‘Marriage is a contract for the production and maintenance of children.’

– Malinowski

‘Marriage is a socially sanctioned union of male and female, or a secondary institu­tion devised by society to sanction the union and mating of male and female, for the purposes of:

(a) Establishing a household,

(b) Entering into sex relations,

(c) Procreating, and

(d) Providing care to offspring.’

– Majumdar

‘Marriage is a socially sanctioned sex relationship involving two or more people of the opposite sex, whose relationship is expected to endure beyond the time required for gestation and birth of children.’

– Duncan Mitchell

‘Marriage is the approved social pattern whereby two or more people establish a family’

– Horton and Hunt

‘Marriage is the sanctioning, by society, of a durable bond between one or more males and one or more females, established to permit sexual intercourse for the implied purpose of parenthood.’

– Anderson and Parker

‘Marriage is the public joining together, under socially specified regulation of a man and woman as husband and wife’.

– Alfred McClung Lee

Characteristics of Marriage

From these definitions, it can be seen that marriage is a social institution that establishes an enduring or continuing bond between men and women, the main aim of which is procreation and establishment of the family.

The basic characteristics of marriage are as follows:

1. Marriage is a Universal Institution:

It is found in some form or the other in all types of societies, from most primitive ones to most modern societies.

2. Marriage by Definition Takes Place between Two Adults:

Marriages between minors is considered illegal in most countries around the world and will not be accepted in any court of law as legal, unless it has taken place with the permis­sion of the court or under special circumstances.

Marriages take place between two individuals of the opposite sex, though in today’s world certain variations of this have been observed (for example, mar­riages between individuals of the same sex, and some groups are fighting to make these marriages legal).

i. Marriage legalizes and legitimizes a sexual relationship between man and woman.

ii. A marriage takes place through a civil or religious ceremony. This is necessary in order to ensure religious and social sanction. In fact, for most marriages, family members and guests are invited to witness the marriage, which is one way of ensuring social acceptance.

iii. Marriage is an enduring relationship between a man and a woman.

iv. Marriage is necessary for setting up a family.

v. Marriage legalizes the rights and obligations of members of a family towards each other. It ensures legality to certain rights, such as those of property, maintenance in case of break-up of marriage, and so on.

Functions of Marriage

The institution of marriage is important for any society, and the functions that this institution performs is instrumental in the smooth functioning of society.

1. The most important function of marriage is the control of sexual behaviour of people in a society. Without marriage, there would be widespread sexual prom­iscuity, and no control over the most basic human instinct of satisfaction of sexual desires.

2. A marriage legalizes a sexual relationship existing between two adults of op­posite sex. In doing so, it recognizes certain legal rights that are given to the married individuals.

3. A marriage legitimizes the sexual relationship between individuals. This le­gitimacy is both religious and social in nature. A religious or civil ceremony ensures religious acceptance, and social witnessing of a marriage results in so­cial acceptance and legitimacy.

4. Marriage is necessary for setting up a family, with all legal rights and obligations. A family may also be established outside or without a marriage, but it does not entail any legal rights to any of the family members.

5. Marriage is necessary for procreation and having children with legal rights.

6. Marriage does division of labour on the basis of sex and age, however, the traditional roles and bases for division of labour have changed dramatically over the last few decades.

7. Marriage results in sharing and solving emotional, psychological, economic and other problems, thus giving more balance to individuals lives. Many stud­ies have revealed that married people are healthier, relaxed and even live longer than unmarried people.

Since in most countries marriage is a social contract, it not only brings two individu­als together, it also binds families, thus becoming an important factor of social solidarity.

Types of Marriages

In every society, different types of marriages exist. Marriage as an institution has evolved from a state of complete promiscuity, where no known forms of marriage existed to the earliest forms of cohabitation. It followed by group marriage to the systems of having more than one spouse or polygamy, and lastly, to the more modern marriage, monogamy.

Monogamy:

Monogamy is a form of marriage where only one spouse exists—one husband and one wife. As a form of marriage, monogamy is found in almost all countries across the world and is also the most accepted form of marriage. Many sociologists consider it the most enduring (long lasting) form of marriage, which ensures that children get maximum attention and care by the parents. Even aged parents are better looked after under this system of marriage.

Polygamy:

Polygamy refers to a form of marriage, where there are more than one spouse, i.e., either more than one husband or more than one wife. Polygamy is divided into two types: polygyny and polyandry.

Polygyny When a man marries more than one woman, it is polygyny. Polygyny is of two types:

1. Non-Sororal Polygyny:

When a man marries more than one woman, who are not related it is called nonsororal polygyny.

2. Sororal Polygyny:

Sororal polygyny comes into existence when a man marries more than one woman, who are sisters.

Polyandry:

Polyandry is a type of marriage in which one woman marries more than one man. It is a system where there is one wife but many husbands: This type of marriage exists among some primitive tribes (Todas of Malabar Hills) and in countries such as Tibet.

Polyandry is further divided into two categories:

1. Non-Fraternal Polyandry:

Non-fraternal polyandry takes place when one woman marries more than one man, who are in no way related to each other.

2. Fraternal Polyandry:

Fraternal polyandry takes place when one woman mar­ries more than one man, related by blood, like brothers. A number of causes have been attributed to the existence of polyandry. One of the main reasons is the negative female sex ratio and lesser number of females in compari­son to males.

The prevalence of the custom of bride price, which is present in a number of primitive tribal communities, also leads to polyandry, especially when the bride price is high and men are unable to afford it. This system is also seen where joint families exist and several brothers marry the same woman.

Polygynandry:

Polygynandry is a combination of polygyny and polyandry and is also known as group marriages. In this type of marriage, all men are married to all women. This means there is no individual husband and wife but common husbands and wives. Children born into such marriages belong to the group and are looked after by the group. These marriages can be seen very merely only among very primitive groups and among some religious communes in the modern world.

Rules of Marriage

Every society has certain guidelines that have to be followed for any marriage to be socially accepted. The Hindu society has certain restrictions on the choice of life partners or mates. These restrictions form the basic rules on which Hindu marriages are based.

These rules of Hindu marriage are as follows:

Endogamy:

Endogamy is that rule of marriage that prescribes that the mate selection should be from within the group. Marriages with out-group members are prohibited. The ‘group’ in question can be the caste, the gotra, the village, race, class, religious group or the tribe.

Endogamy as a rule of marriage probably came into existence because it was believed that it preserves the purity of the group, protects the status and prestige of the group, keeps the group united, and keeps property within the group. It may also lead to a feeling of ethnocentrism and undue loyalty towards the group, encourage casteism and com-munalism, foster hatred among different groups and hinder national unity and development.

Exogamy:

Marriage outside ones own group is called exogamy. Exogamy is a rule of marriage, which prohibits marriage within one’s group. Most societies prohibit marriages between individuals related by blood, or direct and indirect consanguineal kin. Marriage with near relatives is generally prohibited, though the definition and degree of nearness dif­fers from society to society, and within societies, from community to community. In India, exogamy takes different forms.

These are as follows:

1. Gotra Exogamy:

Gotra is a sub group within a caste that traces its descent to a particular ancestor. Members of a gotra are believed to be related by blood, and hence marriages between members of the same gotra are prohibited.

2. Pravara Exogamy:

There is a restriction on marriage between individuals be­longing to the same pravara (uttering the name of a common saint at religious functions).

3. Pinda Exogamy:

Pinda refers to a common parentage. Among Hindus, descendent up to five generations from the maternal side and seven generations from the paternal side are ‘sapinda’ and cannot marry.

4. Village Exogamy:

In certain parts of India, village exogamy is practiced, where members of the same village are not allowed to marry. This is found among the Mundas, the Nagas and other tribes of India.

5. Clan Exogamy:

Clans are sub-tribes or sub-groups among tribes that are exogamous. Marriages within clans are prohibited.

One of the reasons for the prevalence of exogamy is the belief and scientifically proven fact that continued marriages within ones’ own group, or inbreeding, will affect the qual­ity of birth and lead to certain congenital health problems. The decrease in the female sex ratio is another major factor leading to exogamy.

Hypergamy:

Hypergamy is a rule of marriage according to which a man from a particular caste can marry a woman of the same caste or a lower caste. This also means that a woman belong­ing to a particular caste can marry a man of the same caste or a higher caste. A Brahmin man can marry a Brahmin, Kshatriya, Vaisya or a Sudra woman. A Kshatriya man can marry a Kshatriya, Vaisya or a Sudra woman.

A Vaisya a man can marry a Vaisya and a Sudra woman, and a Sudra man can marry only a Sudra woman. Looking at this rule from the woman’s point of view, a Brahmin woman can marry only a Brahmin man, a Kshatriya woman can marry a Kshatriya or a Brahmin man, a Vaisya woman can marry a Vaisya, Kshatriya or Brahmin man and a Sudra woman can marry a Sudra, Vaisya, Kshatriya or Brahmin man.

These forms of marriages are socially accepted and called hypergamy or ‘Anuloma. However, marriage of a Sudra girl with a higher caste man is condemned, and a Brahmin, Kshatriya or Vaisya man’s marriage with a Sudra woman is not approved, as it is felt that twice born men (those who undergo the thread ceremony) who marry woman of the low Sudra caste degrade their families and children to the state of a Sudra, and the Gods would not accept the offerings of any man who performs religious ceremonies with a Sudra wife’s assistance (Ram Ahuja, p. 131).

Hypogamy:

Hypogamy or ‘Pratiloma’ is diametrically opposite to hypergamy or Anuloma, and is the unaccepted form of Hindu marriage. Pratiloma takes place when a Sudra man marries a Vaisya, Kshatriya or Brahmin woman; when a Vaisya marries a Kshatriya or Brahmin woman, and when a Kshatriya marries a Brahmin woman. Pratiloma also occurs when a Brahmin woman marries a Kshatriya, Vaisya or Sudra man, a Kshatriya woman mar­ries a Vaisya or Sudra man, and a Vaisya woman marries a Sudra man.

The above discussed forms and rules of marriage are commonly found in all the societies whether it is rural or urban. However, there are certain specific aspects, which are exclusively rural with regard to the institution of marriage. Let us have a look at them.

Aspects of Marriage in Rural Society

Rural society in India is agrarian in nature. Caste system is an important feature of rural society. The institution of marriage is an inherent part of caste. Apart from caste, mar­riage in rural societies is also related to class, kin and clan. All these aspects of rural society play a significant role for marriage to take place.

Though the rural society observes general rules of marriage, there are certain local obligations that give a definite shape to the institution of marriage in rural society. Such local compulsions differentiate rural marriage rules from urban rules of marriage. For instance, inter-caste marriages are accepted and are not looked at with much criticism in urban societies, whereas marriages still enjoy a status of sacrament in rural society. The idea of inter-caste marriages in rural societies is not encouraged due to strict caste restrictions.

The rules related to exogamy are strictly followed in rural society. The rural people prefer to follow both clan and village exogamy. There is no specific reason for village exogamy, but it is generally followed. As most of the rural settlements are based on clan, many villages have two to three clans, which delimit the choice of a mate. The institution of marriage in rural areas has certain distinct features, which differ­entiate it from urban marriage system.

According to S. L. Doshi and P. C. Jain (p. 198 – 201), some of these features are as follows:

i. Practice of Child Marriages:

The incidence of child marriages in rural socie­ties is very high. Though it has been prescribed by law that the minimum age of marriage is 21 years for males and 18 years for females, child marriages are still practiced in rural areas.

The main reason behind this practice is that the rural society is always in need of additional labour for carrying out the agri­cultural operations. The other reason is illiteracy. Female illiteracy rates are very high in rural societies. Though there are instances of child marriages in urban areas, it is more frequent in rural areas.

ii. Status of Women is Low in Conjugal Relations:

In rural society, the status of women is low. She is not given any respect for being a wife. She is always subordinate to her husband and is meant to do household jobs. Her opinion is not given any importance in family matters. She is only required to comply with the wishes of her husband. Such lower status is due to her economic de­pendence and illiteracy.

iii. Polygyny:

The practice of polygyny is another important feature of rural soci­eties. Among tribal and rural societies, more than one wife to a male adds to his status.

iv. Marriage by Exchange:

Such kinds of marriages are prevalent among the lower castes of villages. In this type of marriage, the brother gives his sister in marriage to a man, whose sister is in exchange taken by him as his wife. These marriages are found where the proportion of females is less than the males. The higher castes in the village consider this as a lower form of marriage and often look down upon people, who practise it.

v. Arranged Marriages:

Marriages in rural societies are mostly arranged. The bride and groom are not allowed to meet before marriage. Inter-caste and love marriages are not approved or allowed in villages. It is the responsibility of parents to arrange the marriage of their children.

vi. Less Expensive and Fanfare:

The marriage in rural societies are managed in simple way. Unlike urban areas, marriage in the countryside does not involve much pomp and show. The expenditure in regard to marriage arrangements, decorations, and food is less as compared to urban areas. In urban areas, not only the rich but also the poor people incur a lot of expenses in arranging marriages, in order to exhibit their status.

vii. Frequency of Divorce is Very Less:

Most of the higher castes in villages do not practise divorce. However, permitting divorce to a wife is not looked down among lower castes.

viii. Procreation of Children:

Though the procreation of children is an important characteristic of the marriage institution in general, it has a lot of significance in rural societies. A couple is expected to give birth to a child. If a couple has no child, it has to face many remarks and criticisms from the villagers (society).

Muslim marriage as a Contract