Monday, December 7, 2015

The Ivory Throne - The Matrilineal Society of Kerala

I always wondered how my state – Kerala –  was matrilineal and then switched to patrilineal. Review of book – ‘The Ivory Throne – Chronicles of the house of Travancore’ - on Caravan magazine by ‘Manu Pillai’ did answer a lot of questions I earlier had on this subject. However, I admit that the reason provided for why Kerala society was matrilineal earlier is not answered quite satisfactory.

Some excerpts from the book review (pasted verbatim),

“Scholar K. Saradamoni points out…Nair women always had the security of the homes they were born in throughout their lives and were not dependent on their husbands”

“Sexual freedom was also remarkable so that while polygamy was happily recognised in other parts of India, in Kerala women were allowed polyandry. Nair women could, if they wished, entertain more than one husband and, in the event of difficulties, were free to divorce without any social stigma”

“The marriage… was simply called sambandham, or relationship... terminable at will.”

“The bond between brother and sister was considered more sacrosanct than that between husband and wife.”

“Every Maharajah, in other words, had a Brahmin for a grandfather and a Nair for a grandson, both of whom were commoners; the Nair’s father, grandfather and great-grandfather came from different rungs of the social hierarchy”

“The procedure to enter into a sambandham was rather easy and simply involved the man handing the woman a piece of cloth before an oil lamp”

“This late [Cochin]Rajah’s wife already had a daughter from a previous husband, (indicating that even princes married widows or divorcees) and this girl, even at the highest social station in the court of Cochin, could keep two men at the same time. Similarly, the author C.V. Raman Pillai wedded his late wife’s sister, for whom it was the fourth marriage in a line that included two dead husbands and one divorce.”

“Traditional Kerala society never frowned at all this for the simple reason that such sexual relations were not taboo. It was customary and made perfect sense within the historical and economic context of the land. But what did happen by the nineteenth century was the impact of Christian missionaries with their prudish Victorian notions of decency and morality, aided by the colonial enterprise to “civilise” India.”

“This was also the time when Nair men were out studying at the new English colleges and schools, exposed to these foreign opinions...”

“Hitherto local practices affected no Malayali as odd. But now he had to face derogatory comments about their repulsive “backwardness”. “And it became worse,” Saradamoni tells us, “when sambandham was equated to concubinage and the women to mistresses and the children called bastards.”

“In 1912, Travancore gave its first boost to nuclear families, modelled on the patriarchal style … allowed men to bequeath part of their self-acquired property or money to wives and children instead of the taravad, or matrilineal joint family”

“By 1923 the call was final: matriliny should be abolished and individual partition was to be the weapon of choice.”

“between 1897 and 1907 alone an average of 487 suits were brought to court by nephews against the managing senior uncles of their taravads”

“in April 1925 the Legislative Council passed a bill terminating matriliny, permitting partition of property, “legalising” all sambandhams, and essentially inaugurating the age of the patriarchal family in Travancore”

“It was sent to the Maharani for her assent and on 13 April she signed the historic Nair Regulation of 1925, giving matrilineal kinship the unique distinction of being the only system of inheritance and family in the world to be abolished by law.”

“Similar Acts were passed for the Ezhava and Vellala communities also, sections of which were matrilineal. The Government of Madras would follow her lead in 1933 and do the same in Malabar, while Cochin would issue corresponding orders by 1938.”

I believe this is a good book to read on this subject.

Sajeev

Reference

1. What Led to the End of Kerala’s Matrilineal Society? – The Caravan Magazine

PAHAL Scheme in ‘Guinness Book of World Records’

Launched in 2014 November, this government program aims to sell LPG cylinders at market rate to households and then subsidy will be deposited back to their bank accounts. As of Oct 3, 2015, 14.62 crore households are members in this scheme.

Early avatar of PAHAL was launched by previous government under a different name. Unfortunately, they had to drop it later as its implementation was proved to be a disaster. Under its current implementation – the largest cash transfer scheme in the world – PAHAL helped the government a lot.  After all, this drive enabled GoI to identify and close around 3.34 crore fake/duplicate/inactive accounts. Blocking these accounts itself resulted in a savings of 14, 672 crore a year.

Hope that the government will display same efficiency while implementing other schemes as well.

Reference

1. GoI Press Release 

Sunday, November 8, 2015

Twisted World Of News Reporting

One answer I often get from people in between arguments is 'check it in Google'. It sounds like whatever displayed in google (for that matter any other search engine) is correct. This is very far from reality. Truth and facts are not the factors based on which search engines display results.


I was watching TimesNow in the morning. Initially when BJP was leading by 25 seats they told, they are the only channel who got it right. Two hours later, when the lead was reversed, then also they told they are the only channel who got it right.


Just now watching Russia Today, its a state sponsored channel. Good one to hear the alternate view points from Russian side. Now a days RT and CCTV have good coverage too.


Interestingly RT news anchor in a talk with 'Foreign Policy' magazine's chief compared killings in Syria with that of shooting of AfricanAmerican's in US. Ironic, isn't it?
Media no longer serves news. What it give is its opinions. For getting original news you need to work out your brain.


Sajeev.

Tuesday, November 3, 2015

Pragati Meetings finally waking up India's notoriously dysfunctional bureaucracy

Dedicated Freight Corridor
Good to see that, projects stuck on red tape started moving from there due to direct intervention by Prime minister through Pragati Meetings. Pragati meeting (usually held on fourth Wednesday of each month) generally involves officials from finance, law, land, environment, transport and energy ministries, as their approvals are required for any projects to go ahead. According to reports, PM's intervention helped to clear projects worth nearly 60bn since March.

If we focus more on execution part of projects, rather than fighting never ending ideological battles,  getting in to first 50 of World Bank's 'Ease of Doing Business' by 2017 may be feasible. To reach there we still need to climb 80 positions. Hope that we will make it.

Sajeev.

References
1. Once a month, Modi steps in to revive stalled projects - BS

Photo Courtesy: http://www.dfccil.gov.in/


Sunday, October 25, 2015

Supreme Court: Finally Touching the Untouchable

It is interesting that, probably one of the most famous litigators of Independent India is a 62 year old Muslim women, mother of 5, from Indore. Her maintenance law suit (Mohammed Ahmed Khan Vs Shah Bano Begum (1985 SCR (3) 844)) opened a Pandora ’s Box, which till then Indian leaders where trying to hide under carpet.

Shah Bano Begum was divorced by her husband in 1978. Subsequently, she filed and won (right to alimony from her husband) a criminal suit in Supreme Court of India. Under fire from fundamentalists, parliament sided with them and went out of its way to beat this poor women. Thus passed 'Muslim Women (Protection of Rights on Divorce) Act, 1986' to dilute the judgement. Poor Shah Bano, she may never expected that she would win the case in court and lose it to Parliament of India.

However, in later judgements (Daniel Latifi case; Shamima Farooqui Vs Shahid Khan case) Supreme Court interpreted the act in such way that, it was helpful for destitute Muslim divorcées who were denied alimony from their former husbands.

Current SC

30 years after SC ruling on Shah Bano case; in which court asked government to frame universal civil code; two judge bench of SC has ‘Suo Moto’ ordered the registration of PIL (Public Interest Litigation) to consider gender discrimination suffered by Muslim women due to arbitrary divorce and second marriage of their husband when the first marriage is in force.

The question is, should the law consider this gender discrimination faced by Muslim Women as the violation of Article 14 (Equality before law), Article 15 (Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth) and Article 21(Protection of life and personal liberty) of Indian constitution and other international covenants.

What is Uniform Civil Code?

Before going further let’s take a look at Uniform Civil Code. This is a proposal to replace existing personal laws based on scriptures and customs of various religions with a set of common rules applicable to every Indian. These laws cover Marriage, Divorce, Inheritance, Adoption and Maintenance. Currently because of the flaws in debate across the country, this suggestion looks more like something targeted against Muslims. But this outlook is not current.

The main idea of Uniform Civil Code is bring in same set of law for everyone in the land. However it is true that, main beneficiaries of this law may be Indian Muslim women. Even under considerable opposition government some way passed Hindu Code Bill in 1956. This one and various acts like (Hindu Widows Act, Commission of Sati (Prevention) Act (1987), Dowry Prohibition Act (1961) ) etc bought in considerable equality for Hindu Women under the law.

Currently only Goa have common civil code.

Politics behind the Code

Flawed debates across the country made Uniform Civil Code look like a draconian law targeted against Muslims. Fundamentalists are adding more fuel to the fire without recognising the importance of this law. Uniform code is much more than a simple law.  Unfortunately, fearing the backlash politicians may never dare to implement it.

About Future

Hope that we will all live to see a day when all matters related to law – no matter whether it is personal, civil or criminal – will be under a common law. If Supreme Court can bring in this one, then it will be one of the greatest service to the nation.

Sajeev