Owning Land, Being Women enquires into the processes that establish inheritance as a unique form of property relation in law and society. It focuses on India, examining the legislative processes that led to the 2005 amendment of the Hindu Succession Act 1956, along with several interconnected welfare policies. Scholars have understood these Acts as a response to growing concerns about women’s property rights in developing countries. In re-reading these Acts and exploring the wider nexus of Indian society in which the legislation was drafted, this study considers how questions of family structure and property rights contribute to the creation of legal subjects and demonstrates the significance of the politico-economic context of rights formulation. On the basis of an ethnography of a village in West Bengal, this book brings the moral axis of inheritance into sharp focus, elucidating the interwoven dynamics of bequest, distribution of family wealth and reciprocity of care work that are integral to the logic of inheritance. It explains why inheritance rights based on the notion of individual property rights are inadequate to account for practices of inheritance. Mondal shows that inheritance includes normative structures of affective attachment and expectations, i.e., evaluatively-charged imaginaries of the future that coordinate present practices. These insights pose questions of the dominant resource-based conceptualisation of inherited property in the debate on women’s empowerment. In doing so, this work opens up a line of investigation that brings feminist rights discourse into conversation with ethics, enriching the liberal theory of gender justice.

Marriage, Law and Modernity offers a global perspective on the modern history of marriage. Widespread recent debate has focused on the changing nature of families, characterized by both the rise of unmarried cohabitation and the legalization of same-sex marriage. However, historical understanding of these developments remains limited. How has marriage come to be the target of national legislation? Are recent policies on same-sex marriage part of a broader transformation? And, has marriage come to be similar across the globe despite claims about national, cultural and religious difference? This collection brings together scholars from across the world in order to offer a global perspective on the history of marriage. It unites legal, political and social history, and seeks to draw out commonalities and differences by exploring connections through empire, international law and international migration.

The status and position of Indian women have undergone many changes since the high status they enjoyed in the Vedic era yielded to forced suicide during the dark ages, female infanticide, purdah, child marriages and the denial of property and political rights. This book, first published in 1985, provides a comprehensive annotated bibliography to hose years, and the years that followed of the relentless liberation struggle by women on the socio-political and legal fronts.

All volumes of the print edition will become available in individual e-books: 9789004541177 (volume 1) - 9789004541191 (volume 2).

This innovative work of historical anthropology explores how India's Dalits, or ex-untouchables, transformed themselves from stigmatized subjects into citizens. Anupama Rao's account challenges standard thinking on caste as either a vestige of precolonial society or an artifact of colonial governance. Focusing on western India in the colonial and postcolonial periods, she shines a light on South Asian historiography and on ongoing caste discrimination, to show how persons without rights came to possess them and how Dalit struggles led to the transformation of such terms of colonial liberalism as rights, equality, and personhood. Extending into the present, the ethnographic analyses of The Caste Question reveal the dynamics of an Indian democracy distinguished not by overcoming caste, but by new forms of violence and new means of regulating caste.

This book analyses religious law in colonial India, exploring how it encouraged gender equality and a rethinking of the relationship between state and society.