State, Law and Gender : Debating the Age of Marriage in India, 1872-1978

By: Roy, ShreyaLanguage: English Publication details: New Delhi Manohar 2024Description: 394pISBN: 9788119139361 (HB)Subject(s): Indian History | Social Reform and Marriage | Hindu Marriage -- History | Women | GeneralSummary: In 2020, the Government of India proposed to raise the age of marriage for women from 18 to 21 years. This proposal is related to gender equality as well as health issues and demographic advantages. In this context, this book tries to trace the history of debate centering around the age of marriage in India from an analytical standpoint. The present work highlights how the law has been implicated in women’s subordination. It explores the ideological expectations that underpin women’s legal regulation, as well as the traditions in which law subjugates women – the multifaceted and elusive ways wherein law validates profoundly gender-based suppositions, relationships, and characters. The book demonstrates that the correlation of moral precepts and legal norms is associated with the broader history of the age of marriage of girls in India, and it has also shown how history includes diverse alternatives to understanding and addressing the problem of child marriages that do not rely on liberal legal frameworks. The book critically analyzes and evaluates the social and legislative history of the period spanning between three significant themes – Act III of 1872, Age of Consent Act of 1891, and Child Marriage Restraint Act of 1929. It traces the history of the legal changes related to the age of marriage in India after Independence, and links this issue with the present-day concern and the Government’s initiative for raising the age of marriage of girls.
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Includes Bibliography (353-386) and Index

In 2020, the Government of India proposed to raise the age of marriage for women from 18 to 21 years. This proposal is related to gender equality as well as health issues and demographic advantages. In this context, this book tries to trace the history of debate centering around the age of marriage in India from an analytical standpoint. The present work highlights how the law has been implicated in women’s subordination. It explores the ideological expectations that underpin women’s legal regulation, as well as the traditions in which law subjugates women – the multifaceted and elusive ways wherein law validates profoundly gender-based suppositions, relationships, and characters. The book demonstrates that the correlation of moral precepts and legal norms is associated with the broader history of the age of marriage of girls in India, and it has also shown how history includes diverse alternatives to understanding and addressing the problem of child marriages that do not rely on liberal legal frameworks. The book critically analyzes and evaluates the social and legislative history of the period spanning between three significant themes – Act III of 1872, Age of Consent Act of 1891, and Child Marriage Restraint Act of 1929. It traces the history of the legal changes related to the age of marriage in India after Independence, and links this issue with the present-day concern and the Government’s initiative for raising the age of marriage of girls.

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The Institute of Mathematical Sciences, Chennai, India

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