CHAPTER 1

“A woman feels as keenly, thinks as clearly, as a man. She in her sphere does work as
useful as man does in his. She has as much right to her freedom-to develop her
personality to the full-as a man. When she marries, she does not become the
husband’s servant but his equal partner. If his work is more important in life of the
community, her’s is more important in the life of the family. Neither can do
without the other.

Neither is above the other or under the other. They are equals”1

Origin and evolution of marriage and family from primitive communism to modern
industrial capitalism have been subjects of incessant discourses among the social scientists
and quite a few theories regarding these establishments have been propounded by them from
time to time. These establishments have been identified and addressed as diametrically
opposite characteristics depending upon the role they have played in the societal revolution. 2
A cursory perusal of these theories will be enough to infer that the trajectory of
transformation of early hunting and gathering nomadic groups into societies of families
based on marriage and monogamy3 has been complex, influenced and guided by various
4
socio-economic factors . Metamorphoses of tribal and ethnic groups into feudal and
subsequent capitalist societies have marked the growth of inequalities based on
social/economic class, race/ethnicity, and gender 5 . Similarly transformation of the system
of temporary partnering between men and women, the practice that existed in the primitive
societies; to stable marriage relations and structurally impeccable families has
correspondingly marked a systemic denigration of the status of women in both these
establishments6. Copious literature generated on the subject, especially by modern feminist
writers, has exposed this aspect precisely7. To a great extent, unanimity among the social
scientists can be noticed on the point that the status of women in family and marriage in the
settled societies, except in a few for short and temporary periods, 8 has been subservient to
their male counterparts9. Eventually, a great portion of the studies of the evolution of these
social establishments has been dedicated to unveil the causes of degradation of the status of
women in the society over time10. It is socially and historically ironic that in the course of

1
L. Denning, The due process of Law, 194-195(1981
2
development of the society ‘from status to contract’ 11 the status of half of the population has
been ridiculously belittled.

Of course, there were strenuous efforts from political, social and other women centered
organizations, especially since the middle of the last century, to redefine the status of
women in the society and in the family 12. At the international level also there were a series
of movements started from the Universal Declaration of Human Rights (UDHR) to the 4th
conference on women held in 1995 for equality and equal justice13. It has been universally
accepted that for a full and complete development of a country requires the maximum
participation of women on equal terms with men in all the fields14.

Despite social and political movements15 for equality of status for the women, consequent
16
Constitutional guarantees and focused legislations granting privileged discrimination to
17
the feeble gender, the subservient status of women in the matrimonial dwelling could not
be eliminated totally18. In the post second world war period, mainly due to the success of
19
anti-colonialism and socialism, there were innumerable legislations the world over
granting equality of status and opportunities to the women. India was no exception. The
preamble of Indian Constitution of 1950 declares social, economic and political liberty and
equality of status and opportunity to all citizens irrespective of gender. 20 It has categorically
prohibited class legislations on the basis of religion, caste, creed and gender as well 21. The
provisions of adult franchise, non-discrimination on the basis of sex and affirmative
discrimination in favour of women and children placed Indian women legally far ahead of
many of their counterparts in other countries22. Equality and non-discrimination became
fundamental and enforceable rights23. The scope of Art.21 could be expanded to read into
the issues of social and economic justice including gender justice24.