Not by Law AloneRama Mehta DEATH OF A MARRIAGE LAW By J. Duncan M. Derrett Vikas, New Delhi, 1978, pp XXVI 228, Rs. 50.00 VOLUME III NUMBER 1 July/August 1978 Duncan M. Derrett is an excellent survey of
marriage laws in India. A Professor of Oriental Laws at the University of London, Derrett
has given an analytical appreciation of Hindu Marriage Law. Being familiar not
only with legal aspects of a law but being aware of Indian condition, he has
contributed in understanding marriage laws in their social context. The value
of this book is mainly for social historians, but also makes interesting
reading for anyone who is concerned with laws, governing marriage and divorce.
He deals in detail with the various complexities of the law on divorce as it
stands today and the contradictions that are inherent in legislation in a population that still lives by
values that are traditional and in which the woman is subordinate to men.
The Death of a
Marriage Law gives a detailed
historical survey and in doing so points out the conditions of India at
different stages of its social history. Verrett points out that the social
mythology of
the 19th and early 20th centuries equated Hinduism with the norms of
brahminism and brahaminized castes. It, therefore, clearly left out the
majority of Indians whose norms of behaviour deviated from Varnaasrama dharma.
Because of the dominance of the elite H.S. Gour’s Bill to introduce divorce was
rejected several times between 1928 and 1938. Yet at the same time, Baroda
where the proportion of brahmins in the population was small, was able to pass
the Hindu Act of 1937, permitting divorce.
The entire book has
such insights into the socio-economic and socio-religious attitudes of Indians
towards personal legislation. Derrett also brings out the conflict between laws
and the society in which they were enacted. He points out convincingly that in
the ethno-characterology of India, the divorce law as it exists has little or at best limited
relevance. He does not, however, argue that the law itself is not a good one.
He only points out through case histories the many different levels at which an
Indian lives. Marriages are, for example, arranged by parents and yet the girl
may be an educated and an earning
member of the family. To harmonize the modern and the traditional attitudes is
always difficult.
He concludes the book
saying that in order for the Hindu Code Bill to be effective, a new Shastra, a
modern Stridhan, owing little to the old but ... Table of Contents >> |