Mergers and Legal Fictions: Coverture and Intermarried Women in India

IF 0.8 3区 社会学 Q1 HISTORY Law and History Review Pub Date : 2023-04-18 DOI:10.1017/S0738248023000068
Leilah Vevaina
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Abstract

Abstract Within India's system of plural personal laws, the rights of women in matters of marriage, divorce, and inheritance are solely based on their natal communal identity. While we see many examples of women appealing to courts to secure or improve their rights vis-à-vis personal laws, marriage outside the community has often occluded these rights completely. Marital property, inheritance, and even access to sacred space are in a gray zone of differentiated rights between natal and marital community customs. One intermarried woman, Goolrukh Gupta, sued the trust that managed the town's sacred space in the High Court to confirm her rights to enter sacred space. The Court ruled that she was removed from her natal community even though she had married under the Special Marriage Act of 1954, as she had “merged personality with her husband.” While British women's property was held under coverture through the nineteenth century, these laws were never transferred over to the Indian colony. Through the legal appeals of intermarried women, this article explores the shifting and unstable rights of intermarried women in India.
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合并与法律虚构:印度的婚姻与异族妇女
在印度的多重属人法体系中,妇女在结婚、离婚和继承方面的权利完全基于她们出生的共同体身份。虽然我们看到许多妇女向法院上诉以确保或改善她们在-à-vis属人法方面的权利的例子,但社区外的婚姻往往完全剥夺了这些权利。夫妻财产、继承权,甚至进入神圣空间的权利,都处于出生和婚姻社区习俗之间的差别权利的灰色地带。古普塔(Goolrukh Gupta)向高等法院起诉了管理该镇圣地的信托机构,以确认她进入圣地的权利。法院裁定,尽管她根据1954年的《特别婚姻法》结婚,但由于她“与丈夫合并了人格”,她被驱逐出了自己的出生社区。虽然英国妇女的财产在整个19世纪都受到保护,但这些法律从未转移到印度殖民地。本文通过通婚妇女的法律诉求,探讨了印度通婚妇女权利的变迁和不稳定。
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来源期刊
CiteScore
1.10
自引率
12.50%
发文量
42
期刊介绍: Law and History Review (LHR), America"s leading legal history journal, encompasses American, European, and ancient legal history issues. The journal"s purpose is to further research in the fields of the social history of law and the history of legal ideas and institutions. LHR features articles, essays, commentaries by international authorities, and reviews of important books on legal history. American Society for Legal History
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