Professional Documents
Culture Documents
Family Law 2
Family Law 2
Advani Law College The Family Family Law II Prof Kavita Lalchandani 1
Semester III
The Family
Our approach is sociological. We are interested in the family both as an
association and as an institution, but we give no counsel or advice as to how to be
happy though married.
1. MEANING AND CHARACTERISTICS
The word ‘Family’ has been taken over from Latin word ‘Famulus’ which means a
servant. In Roman Law the word denoted a group of producers and slaves and other
servants as well as members connected by common descent or marriage. Thus,
originally, family, consisted of a man and woman with a child or children and servants.
The meaning of family can be explained better by the following definitions:
1. M.F. Nimkoff says that “Family is a more or less durable association of husband
and wife with or without child, or of a man or woman alone, with children”.
2. Burgess and Locke. “Family is a group of persons united by ties of marriage,
blood or adoption constituting a single household interacting and intercommunicating
with each other in their respective social roles of husband and wife, father and mother,
son and daughter, brother and sister, creating a common culture”.
3. Eliot and Merril (Family is “The biological social unit composed of husband, wife
and children”.
4. Maclver: Family is “a group defined by sex relationship sufficiently precise and
enduring to provide for the procreation and upbringing of children.”
General Characteristics of the Family
(i) A Mating Relationship. A family comes into existence-when a man and woman
establish a mating relation between them.
(ii) Selection of Mates. Wife or husband may be selected by parents or by the
elders, or the. choice may be left to the wishes of the individuals concerned. Various
rules govern this selection.
(iii) A Form of Marriage. The mating relationship is established through the
institution of marriage. Marriage is an institutional arrangement made by the society
according to which the individuals establish marital relationships among themselves.
Marriage may assume any one of the forms-monogamy, polygamy, polyandry or group
marriage.
(iv) A System of Nomenclature. Every family is known or recognised by a
distinctive name.
(v) A Way of Tracing the Descent: Every family has its own mode of tracing the
descent. Descent refers to the social recognition of biological relationship between
individuals. Descent may be traced through the male line (Patrilineal Descent) or
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through the female line (Matrilineal Descent) or through both the lines (Bilateral
Descent).
(vi) A Common Residence: Family requires a home or a household to live in. After-
the marriage the wife may reside in husband’s parental home (Patrilocal or Virilocal
Residence) or she may stay in her parental home to which the husband pays
occasional visits (Matrilocal or Uxorilocal Residence) or both of them may establish a
separate home of their own (Neolocal Residence).
(vii) An Economic Provision. Family provides for the satisfaction of the economic
needs of its members.
2. DISTINCTIVE FEATURES OF-THE FAMILY
The family is an organisation par excellence. Of all the social organisations, large
or small, family is of the greatest sociological significance. It occupies the central
position in our social structure. The family, unlike other institutions, enjoys a unique
position in society. Its distinctive features may be noted here.
1. Universality. After having made an analysis of more than 250 societies, Murdock
concludes that the family is universal. There is no human society in which some form
of the family does not appear nor has there ever been such a society. B. Malinowski
writes: “The typical family, a group consisting of mother, father, and their progeny, is
found in all communities, savage, barbarians, and civilised”. The irresistible sex need,
tile urge reproduction and the common economic needs have contributed to this
universality.
2. Emotional Basis. The family is grounded in emotions and sentiments. It is based
on our impulses of mating, procreation, maternal devotion, fraternal love and parental
care. It is built upon sentiments of love, affection, sympathy, co-operation and
friendship.
3. Limited Size. The family is smaller in size. As a primary group its size is
necessarily limited. It seems to be the smallest social unit. The biological conditions
have also contributed to its small size.
4. Formative Influence. The family is the earliest social environment which
surrounds, trains and educates the child. It shapes the personality and moulds the
character of its members. It emotionally conditions the child. It is the ‘nursery of human
nature”, and the ‘breeding ground of our mores and the nurse of our loyalties’.
5. Nuclear Position in the Social Structure. The family is the nucleus of all other
social organisations. The whole social structure is built of family units. It influences the
whole life of society.
6. Responsibility of the Members. The member of the family has certain
responsibilities, duties and obligations. The smooth running of family depends on how
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best the members discharge their responsibilities in co-ordination with the other
individuals of the family. As MacIver points out, “In times of crisis men may work and
fight and die for their country, but they toil for their families all their lives”.
7. Social Regulation. The family is peculiarly guarded both by social taboos and by
legal regulations. The society takes precaution to safeguard this organisation from any
possible break down: by divorce, desertion or separation.
8. The Permanent and Temporary Nature of the Family. The family as an institution
is permanent. Since it is based on the organic and emotional nature of man, it
continues to exist. But family as an association may be temporary in character. These
characteristics indeed reveal the sociological significance of the family.
3. FUNCTIONS OF THE FAMILY
The family as a social institution performs several functions. Various opinions have
been expressed regarding the functions of family. Kingsley Davis speaks of four main
functions of the family: (i) Reproduction, (ii) Maintenance, (iii) Placement, and (iv)
Socialisation.
Ogburn and Nimkoff have mentioned six major functions of family: (i) Affectional,
(ii) Economic, (iii) Recreational (iv) Protective, (v) Religious, and (vi) Educational. Reed
has described four functions of the family: (i) Race perpetuation, (ii) Socialisation, (iii)
Regulation and satisfaction of sex needs, and (iv) Economic functions.
Primary and Secondary or Essential and Non-essential Functions -
MacIver classifies the functions of family into two types: Essential and Non-
essential functions. According to him, the essential functions include (i) the stable
satisfaction of-sex need, (ii) production and rearing of children, and (iii) provision of a
home. Under the non-essential functions he includes, religious, educational, economic,
health and recreation, and other functions.
The Primary Functions-
Some of the functions of family are basic to its continued existence. They are
referred to as essential functions MacIver. They may also be regarded as Primary
functions of family. They are explained below.
(i) Stable Satisfaction of Sex Need. Sex drive is powerful in human beings. Man is
susceptible sexual stimulation throughout his life. The sex need is irresistible also. It
motivates man to seek an established basis of its satisfaction. Family regulates the
sexual behaviour of man by its agent, the marriage. Thus it provides for the
satisfaction of the sex need for man. Even Manu, the Hindu Law giver and Vatsyayana
the author of Kamasutra, have stated that sexual satisfaction is one of the main aims
of family tie.
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(ii) Reproduction or Procreation. Reproductive activity is carried on by all lower and
higher animals. But it is an activity that needs control or regulation. The result of
sexual satisfaction is reproduction. The process of reproduction is institutionalised in
the family. Hence it assumes regularity and stability that all societies recognise as
desirable. Thus family introduces legitimacy into the act of reproduction. All societies
surround this function with norms and support them with strong sanctions. By fulfilling
its reproductive function family has made it possible to have the propagation of
species and the perpetuation of the human race.
(iii) Production and Rearing of the Child. The family gives the individual his life and
a chance to survive. We owe our life to the family. The human infancy is a prolonged
one. The child which is helpless at the time of birth is given the needed protection of
the family. Further, family is an institution par excellence, for the production and
rearing of children. No other institution can as efficiently bring up the child as can the
family. This can be referred to as the function of ‘maintenance’ also.
(iv) Provision of Home. Family provides the home for its members. The desire for
home is strongly felt in men and women. Children are born and brought up in homes
only. Though, often children are born in hospitals, clinics, maternity homes, etc., they
are nursed and nourished in the homes only. Even the parents who work outside are
dependent on home for comfort, protection and peace. Home remains still the ‘sweet’
home.
(v) Family—An instrument of Culture Transmission and An Agent of Socialisation.
The family serves as an instrument of culture transmission. The family guarantees not
only the biological continuity of the human race but also the cultural continuity of the
society of which it is a part. It transmits ideas and ideologies, folkways and mores,
customs and traditions, beliefs and values from one generation to the next.
The family is an agent of socialisation also. Socialisation is its service to the indivi
Socialisation is the process whereby one internalises the norms of one’s groups so
that a distinct ‘self’ emerges unique to the individual. The family indoctrinates the child
with the values, the morals, beliefs, and ideals of the society. It prepares its children
for participation in larger world and acquaints them with a larger culture. It is a chief
agency which prepares the new generation for life in community. It emotionally
conditions the child. It lays down the basic plan of the personality. Indeed, it shapes
the personality of the child. Family is a mechanism for disciplining the child in terms of
cultural goals. In short, it transforms the infant barbarian into the civilised adult.
(vi) Status Ascribing Function. The family also performs a pair of functions—(i)
status ascription for the individual, and (ii) societal identification for the individual.
Statuses are of two kinds: Ascribed and achieved. The family provides the ascribed
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statuses. Two of these, age and sex are biological ascriptions. Others, however, are
social ascriptions. It is the family that serves almost exclusively as the conferring
agency or institution.
People recognise us by our names, and our names are given to us by our family.
Here, the family is the source of our societal identification. Various statuses are initially
ascribed by our families. Our ethnic status, our nationality status, our religious’ status,
or residential status, or class status—sometimes our political status and our
educational status as well—are all conferred upon us by our families. Of course, these
may be changed later. Wherever statuses are inherited as in the case of royalty and
nobility it is the family that serves as the controlling mechanism. Status ascription and
societal identification are two faces of the same process. The importance of family in
this regard can hardly be exaggerated.
(vii) Affectional Function. Man has his physical, as well as mental needs. lie
requires the fulfilment of both of these needs. Family is an institution which provides
the mental or the emotional satisfaction and security to its individual members. It is the
family which provides the most intimate and the dearest relationship for all its
members. The individual first experiences affection m his parental family as parents
and siblings offer him love, sympathy and affection. Lack of affection actually damages
an infant’s ability to thrive. A person who has never been loved is seldom happy.
Secondary Functions of Family
In addition to the above described essential or primary functions the family
performs some s or non-essential functions in some way or the other. Of these, the
following may be noted.
(i) Economic functions. The family fulfils the economic needs of its members. This
has been the traditional function of family. Previously, the family was an economic unit.
Goods were produced in the family. Men used to work in family or in farms for the
production of goods. Family members used to work together for this purpose. It was to
a great extent self-sufficient. A clear cut vision of labour between sexes, that is,
between men and women, was evident. But today, the situation has changed. The
family members do not work together at home. They are engaged in different
economic activities outside the home. They are no longer held together by division of
labour.
The economic role of modern family is considerably modified. The process of
industrialisation has affected family. The centre of production has moved from home to
the factory. The factory is giving job only to the individual worker and not to the entire
family. The factory is producing goods which are consumed within the family. Thus,
family has become more a consuming unit than a producing one. Its members are
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busy with “earning wages” rather than with “making a living”. It is thus slowly
transferring its economic functions to the external agencies. Still, the institution of
property is embedded with the family.
(ii) Educational Functions. The family provides the basis for the child’s formal
learning. In spite of great changes, the family still gives the child his basic training in
the social attitudes and habits important to adult participation in social life. “The
manner in which he learns how to get along h his family will be carried over to his
interactions with school authorities, religious leader the p and other agents of social
control”. When the child grows up, he learns to manage situations inside the home and
family. He extends his interests to other groups. With all this his intelligence, l and his
social habits develop until he weans himself from the original dependence on the
mother, father and other family members.
(iii) Religious Functions. The family is a centre for the religious training of the
children. The children learn from their parents various religious virtues. Previously, the
homes were also centres religious quest. The family used to teach the children the
religious values, moral precepts, way to shipping God, etc. Even today, it is in the
family that the foundations are laid down for the moral standards that are to guide the
children throughout their life. The family meets the spiritual ,needs of its members. It is
through the family that the religious inheritance is passed on to the next generation
(iv) The Recreational Functions. At one time recreation was largely family based it
fostered a close solidarity. Reading aloud visiting relatives family reunions, church
socials singing dancing, playing indoor games, etc., brought together the entire family.
Elders would organise social gatherings among themselves in each other’s homes.
Children would organise their own recreations among themselves or together with
other children. Often parents and children would join together in the same recreational
activities. The effect of this on the cohesion of the family was considerable.
Recreation is now increasingly organised outside the family. Modern recreation is
not designed for family-wide participation. Whether in the form of movies sports
events, plays, cricket ‘kabaddi, tennis, dinner parties or yakshagana, it is designed for
the couple or individual participation.
4. THE CHANGING FAMILY PATTERNS
The family as a basic social institution has been undergoing change. The modern
family radically differs from that of the traditional one. The family has never been at
rest. Both in its structure and functions changes have taken place. Some of these
changes may be examined here.
Changes in the Functions of the Family
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Some of the functions of family have radically changed today while sonic others
have received more attention of the public. A glance at these changes would clarify
this point.
1. The Sexual Regulation Function of the family has not changed much. The family
through its marriage, still regulates the sexual impulse of the people. Illicit sexual
behaviour is fairly uncommon. But it is true that in the Western societies pre-marital
and extra-marital sex relations are on the increase.
2. The Reproductive Function of the family has suffered particularly in the Western
societies. In the Western societies is said, parents no longer desire more children.
Absence of children has become the most glaring feature of the Western families.
However, it is impossible to take away this reproductive function of the family. The very
survival of the human race is based on reproduction.
3. In the past fifty years the Parental and the Educational Functions of the family
have been shifted to certain external agencies like hospitals, out-patient clinics for
mothers, maternity homes, the baby clinic, nurseries, kindergartens, etc. “The modern
home is not equipped to train children for their adult careers, because the specialised
division of labour requires specialised training which only the agency of the school can
supply”.—A. W. Green
4. The Protective Functions of the family have declined particularly in the West.
Families are no more-the place of protection for the physically handicapped, mentally
retarded, aged, diseased, infirm and insane people. Other agencies have taken over
this function. But, for the young children it continues to provide physical and emotional
protection.
5. The Economic Function of the family has been disturbed a great deal. The
family is no longer the economic unit, neither is it self-sufficient. It is no longer united
by shared work, for its members work separately. It is more a consuming unit than a
producing centre. However, the family is not completely losing this function, but it is
transforming this function to some external agencies.
6. It seems that the Socialisation Function of the family is gaining increased
attention particu larly in the Western society. An earlier generation knew little about the
personality development. We know something today of the role of emotional
development, school progress, career success, physical well-being, and practically all
other aspects of the good life.
7. The Status-Ascription Function has been weakened since in modern society
much emphasis is laid on achieved status. Still, the ethnic, religious, class, residential,
nationality and other kinds of statuses are ascribed by the family to the individual at
least in the initial stages in some way or other.
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8. The Recreational Function of the family is losing importance. External agencies
have taken away this function. Modern is highly commercialised. Movies,-dance halls,
night clubs, gambling centres have come into being. People leave home to seek these
commercialised recreations they tend to leave home as single adults or married
couples, as adolescents-or children, rather than as a family unit. This has affected the
cohesion of family.
Functions Lost or Modified?
In spite of the changes that have overtaken the family, its traditional functions have
been more modified than lost. If all of the functions described above were in fact totally
provided outside the home, it is doubtful that the family could survive. But, certain
unique functions remain solely within the family. The ‘ universal function of the family is
the creation of new members of society-their reproduction, maintenance, status
ascription, and socialisation. As always. reproduction remains, and maintenance and
socialisation are still carried on chiefly within the family”— A. W. Green
Some writers have expressed the opinion that at the present rate of change the
family may lose its functional importance very shortly. Such a fear is unfounded
because, that stage may never be reached. “Over the centuries, no permanent
direction of change has ever been maintained. At some time in the future, the present
forces of change may reach out in an unforeseen direction permitting family to regain
its old strength and renew its old functions.”—A. W. Green
Summary
From our discussion of the family and its functions it is possible to draw at least
three conclusions: (i) The family still enjoys importance as a biological group for
procreation and for the physical care of the children, (ii) There is the considerable
decline in what Q calls the “institutional junctions’ of the family economic, recreational,
protective and educational (iii) the personality function’ (the socialisation function) of
the family— “that is, those which provide for the mutual adjustments among husbands,
wives, parents and children and for the adaptation of each member of the family to the
outside world” —have assumed importance.
. TYPES OR FORMS OF THE FAMILY
Sociologists have spoken of different forms or types of family. They have taken into
consideration different factors as the basis for the classification of the family. A few
classifications can be mentioned.
(1) on the basis of marriage family has been classified into three major types: (i)
Polygamous or Polygynous Family. (ii) Polyandrous Family, and (iii) Monogamous
Family.
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(2) On the basis of the nature of residence family can be classified into three main
forms: (i) Family of Matrilocal Residence, (ii) Family of Patrilocal Residence (iii) Family
of Changing Residences
(3) On the basis of ancestry or descent family can be classified into two main types
: (i) Matrilineal Family (ii) Pratrilineal Family.
(4) On the basis of the nature of authority family can be classified into two main
types (i) Matriarchal Family (ii) Patriarchal Family.
(5) On the basis of size or structure and the depth of generations family can be
classified into two main types : (i) the Nuclear or the Single Unit Family (ii) The Joint or
the Undivided Family.
(6) On the basis of the Nature of Relations among the family members the family
can be classified into two main types: (i) The Conjugal Family which consists of adult
members among when there exists sex relationship, and (ii) Consanguine Family
which consists of members among whom there exists what is known as “blood
relationship”—brother and sister, father and son, etc.
5. MATRIARCHAL FAMILY
The matriarchal family is also known as the mother-centred or mother-dominated
family. Here, the mother or the woman is the head of the family and she exercises
authority. She is the owner of the property and the manager of the household. All the
other members are subordinated to her. L.H. Morgan, Bachopen, Tylor, Briffault and
others are of the opinion that matriarchal family has been
L 1 the earliest type of family. But some have expressed their doubts regarding
their very existence. Such controversial opinions still prevail. On the basis of some
studies now it is known that matriarchal families are found among the Eskimos, Malay
Islanders, Odama Indians, Labrador Indians, Trobsiand Islanders, the American
Iroquois, the Khasi tribals of India and others.
Characteristics of Matriarchal Family
a. Descent, Inheritance and Succession. Here the descent is traced through the
mother. Hence it is matrilineal in descent. Daughters inherit the property of the mother.
They succeed their mother and the sons. The status of the children is mostly decided
by the status of the mother.
b. Matrilocal Residence. Matriarchal family is matrilocal in residence. After the
marriage the wife stays back in her mother’s house. The husband who normally stays
in his sister’s house, pays occasional visits to the wife’s house. He is treated as a
‘privileged visitor’. But he is given only secondary position. Sex relations between
husband and wife tend to be very loose and both may often develop extra-marital sex-
relations.
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c. Exercise of Power. In theory, the mother exercises authority and power in the
matriarchal family. She is the head of the family and her decisions are final. But in
practice, some relative of the mother, mostly her brother, exercises authority in the
family and looks after property. Ex.: Among the Malay people the wife’s brother
exercises authority in the family and among the Labrador Indians the wife’s father
manages the household.
d. The Structure of the Family. The maternal family brings together the kinsmen—
(the wife, her mother and grandmother, her children and brothers, etc.) and welds
them together into a powerful group. This type of family is normally associatedwith
exogamy.
6. PATRIARCHAL FAMILY
The patriarchal family is also known as father-centred-or father-dominated family.
Here, the father or the eldest man is the head of the family and he exercises authority.
He is the owner and administrator of the family property. On all family matters his is
the final voice and opinion.
Characteristics of Patriarchal Family
a. Descent, Inheritance and Succession. These are recognised through the male
line. Patriarchal families are partilineal in character, because the descent is traced
through the male line. Here, only the male children inherit the property of the father. In
some instances, the eldest son enjoys some special rights. He normally succeeds the
father after his death. Children are recognised as the children of the father and the
mother is practically ignored.
b. Residence. Patriarchal family is Patrilocal in residence. Sons continue to stay
with the father in his own house even after their marriage. Only the wives come and
join them. Women have secondary position in these families for they have to be at the
mercy of their men folk. Children are brought up in their father’s family.
3. Authority. Here the father or the eldest male member of the family is the
dominant person. He is all in all. All the members are subordinated to him. He dictates
terms for other members. All the major decisions pertaining to the family affairs are
taken by him only. Nobody has the authority to question him. He is the owner and the
manager of the family property. During the early days, the patriarch had absolute
authority over all the members of the family. The patriarch could sell his Sons and wife
or even kill them. In religious matters also he was the head.
Some Examples of Patriarchal Families
The typical patriarchal families are not found today in the modern industrial
societies. But they prevailed among the ancient Hebrews, Greeks, Romans and the
Aryans of India. The Roman patriarch had “the Patria Potestas” (the power of the
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father) which gave the head of the family an unlimited authority over all the other
members. There was no legal jurisdiction to challenge the authority of the patriarch. In
ancient Palestine the father could sell his daughter into servitude. In the same manner
the Hebrew patriarch exercised despotic power over all his dependants. In India also
during the Vedic period woman was subject to three kinds of successive obediences-
to her father before her marriage, to her husband after the marriage and to her son
during her widowhood or old age. In ancient Athens, women were not given an
opportunity to lead public life. On the other hand, wife and daughters were kept in
secluded “women’s apartment”.
At present, both matriarchal and patriarchal families have diminished, in their place
egalitarian or equalitarian families in which father and mother enjoy equal status and
opportunities, have emerged. Most of the families in the industrial societies are
equalitarian families. They are often called, ‘modern families’, and also ‘nuclear
families’.
7. THE NUCLEAR FAMILY
The individual nuclear family is a universal social phenomenon It can be defined as
“a small group composed of husband and wife and immature children which
constitutes a unit apart from the rest of the community.”—(Duncan Mitchell in his
“Dictionary of Sociology’).
In simple words, a nuclear family is one which consists of the husband, wife and
their children. Soon after their marriage, the children leave their parental home and
establish their separate household. Hence, a nuclear family is an autonomous unit free
from the control of the elders. Since there is physical distance between parents and
their married children, there is minimum interdependence between them. Thus, a
nuclear family is mostly independent. The American family is a typical example of the n
independent nuclear family.
The nuclear family is a characteristic of all the modern industrial societies. As
Lowie writes “It does not matter whether marital relations are permanent or temporary;
whether there is polygyny or polyandry or sexual licence;the one fact stands out
beyond all others that everywhere the husband, wife and immature children constitute
a unit apart from the remainder of the community”.
According to T.B. Bottomore, the universality of the nuclear family can be
accounted for by the important functions that it has been performing. The nuclear
family has been performing the sexual, the economic, the reproductive, and the
educational functions. According to him, the indispensability of these and a few other
functions has contributed to its universality. Anthropologists too have consistently
emphasised the economic functions of the family in primitive societies. A major factor
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in maintaining the nuclear family is economic co-operation based upon division of
labour between sexes. Levi Strauss has said much about the miserable situation of
unmarried individuals in most of the primitive societies.
The Structure of Nuclear Family
The nuclear family depends very much on incest taboos. The members of the
family cannot have marriage from among themselves. Hence it is confined to two
generations only. A third generation can be established by the formation of new
families. This can be done by an exchange of males and females between existing
nuclear families. It means daughters can be given in marriage to other nuclear families
and girls of the other nuclear families can be taken in as spouses to the sons. This
gives rise to two kinds of nuclear families: (a) the family of orientation, and (b) the
family of procreation.
Every normal adult in every human society belongs to two nuclear families. The
first is the family of orientation in which the person was born and brought up, and
which includes his father, mother, brothers and sisters. The second is the family of
procreation which the person establishes by his marriage and which includes the
husband or wife, the sons and daughters.
The structure of the nuclear family is not the same everywhere. Bottomore makes
a distinction between two kinds of family system; (i) the family systems in which the
nuclear family is relatively independent, and (ii) systems in which the nuclear family is
incorporated in, or subordinated to, a larger group, that is to the polygamous or the
extended family. The independent nuclear family is more often incorporated in some
larger composite family structure.
The independent nuclear family which is dominant in modern industrial societies
has emerged mainly due to the growth of individualism and intense geographic and
social mobility. The social welfare functions of the modem state have also affected it.
The state now comes to the help of the individual to face misfortunes. Hence he is no
longer dependent on his family in times of distress.
The modern nuclear family is mostly found in the advance societies of the West
and in the U.S.A. Its solidarity largely depends on sexual attractions and the
companionship between husband and wife and between parents and children. But the
family bonds tend to weaken as the children grow up.
8. RECENT TRENDS IN THE MODERN NUCLEAR FAMILY
The family has undergone some radical changes in the past half a century: Its
structure has changed, its functions have been altered and its nature has been
affected. Various factors—social, economic, educational, legal, cultural, scientific, and
technological, etc. have been responsible for this. It is, indeed, difficult to analyse the
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recent trends in the family and to account for its causes. Still, a few significant trends
may be noted
(i) Industrialisation. The Industrial Revolution of the 18th century and the
consequent birth of the factory system of production affected the economic functions
of the family. Family transferred its economic functions to the factory and became
more a consumption unit than a productive centre.
(ii)Urbanisation. Industrialisation and urbanisation very often go together. Cities are
growing in size and in number. Family is cut to size. Families are now the smallest,
and home ties are the weakest. Trends towards disorganisation are set in motion.
(iii) Democratic Ideals. Democratic ideals and values are in currency today.
Democracy assures equality and provides liberty to all, to women too! Women now
play not only domestic roles but also economic and political roles. They have now
become property owners and business managers. They have the voting power and
with it, they have entered politics. The world has already witnessed four women prime
ministers.
(iv) The Decline of the Influence of Mores and the Religious Beliefs, and the
Spread of Secular Attitude. Morality and religion are slowly losing grounds. Family
members have become more secular in outlook. The religious functions of the family
have diminished. Religious sentiments, beliefs and attitudes have come to be
dissociated with the family.
(v) The Spirit of individualism and Romantic Love. Today individualism and
romanticism are widespread. Their very spirit has destroyed the authority of the family
over the individual members. Individualism has affected love-making and marriage.
Romanticism has encouraged the idea of free choice of mates on the basis of love.
Marriage has become as easily dissolvable as it is entered into by a mutual consent of
the partners.
(vi) Economic Independence of Women. Employment opportunities are thrown
open for women also. The woman has become now the earning member. She now
works in offices, factories, banks, schools, colleges, hospitals, administrative offices,
ministries, etc. The economic independence has increased her status, but affected her
attitude. The age-old doctrine men for the field and women for the kitchen—is
exploded.
(vii) Emancipation of Women. Women arc now liberated from the chains of
traditionalism. They stand on an equal footing with men. Aggressive leaders of the
Woman’s Liberation Movement have attacked the double standard of morality. They
are demanding more rights and liberty for women.
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(viii) Decline in Birth Rate. The size of the family is becoming smaller. Joint family
is fairly uncommon. The birth rate is adversely affected. Absence of children is a
glaring feature of the Western families.
(ix) Divorce. Today, more stress is laid on romantic love. “Love is no more
sacramental” now. In the West, Love at first sight and divorce at next is quite common,
Instances of divorce, desertion and separation are mounting in the West. Marriage has
become a civil co only.
(x) Parent-Youth Conflict. Inter-personal conflicts in the family are increasing. An
unusual amount of conflicts between parents and their adolescent children is taking
place. This is often denoted in terms of the age gap. Kingsley Davis says that “The
stress and strain in our culture is symptomatic of the functionless instability of the
modern small family”.
Many sociologists have expressed their grave concern regarding the rapid
changes that are taking place in it. Some have said that “f has gone to the dogs” while
some others lamented that family is heading towards disorganisation. But it would be
more appropriate to say that “It (family) is merely seeking to adapt itself to changed
conditions”.
9. FUNCTIONS OF MODERN NUCLEAR FAMILY
The modern nuclear family continues to stay because of the essential functions
that it performs even today. Those essential functions are explained below.
1. Stable Satisfaction of Sex Need. The modern nuclear family continues to be the
executive means of providing sexual satisfaction to its members. No other agency has
been able to take up this task to the satisfaction of the members. The family does this
task through its agent— the marriage. Though pre-marital, relations are on the
increase especially in the West, they are still treated as ‘deviant trends’ or stray
instances.
2. Procreation and Upbringing of Children. The modern family still fulfils the
functions of procreating and upbringing of children. The family is regarded as the
“proper” authority to produce children and to bring them up. Even today most of the
children are born and brought up in the family only. Family alone is well equipped to
produce and bring up children. This function has been associated with family since
centuries. It continues to be the biological group for procreation and for the physical
care of the children.
3. Socialisation of children. The modern family still remains as the main architect of
socialising the new born child. The child develops a ‘self’ and a personality of its own
mainly in its family. Most of the social norms, values and ideals are picked up by the
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child in the family only. Parents are showing more interest now-a-days giving proper
social training to their children.
4. Provision of Home. The modern family provides for its members house to live in.
Due to economic and other exigencies, family members may go out for some time but
they spend much of their time in the home itself. It is a happy place to live in both for
parents and their children. It s continues to be the noblest centre of human affection,
love and sympathy. Other agencies such as hotels, hostels, lodging houses, etc., may
provide shelter to the members, but not the needed love and affection. Only the home
can provide permanent homely atmosphere for its members.
The general view of the modern nuclear family is that it is not a highly ritualised
and institutionalised entity. It is rather what Burgess has called “a unit of interacting
personalities, set in a cultural framework, responsible for a limited number of social
functions and for a biological function”. It is held together by internal cohesion rather
than external pressure. It is more unstable than what it was in the past. Still it is more
free to fit the variations in human personality.
10. THE JOINT FAMILY
(A STUDY OF JOINT FAMILY WITH REFERENCE TO INDIA)
The joint family, is also known as ‘undivided family’ and sometimes as ‘extended
family’. It normally consists of members who at least belong to three generations:
husband and wife, their married and unmarried children; and their married as well as
unmarried grandchildren. The joint family system constituted the basic social institution
in many traditional societies, particularly in the Eastern societies. In India, this system
prevailed among the Hindus as well as non-Hindus.
The Joint Family in India
The joint family, the caste system and the village system are often regarded as the
pillars on which the whole Hindu social edifice is built. The joint family is the bedrock,
on which Hindu values and attitudes are built. It is found in almost all the parts of India.
Family for a Hindu is a sacred institution deriving sanction from religion and social
traditions with myths and legends. Hence this form of family is still found in India. It is
deeply rooted in the traditional Hindu culture. It is an age old system having a long
history of its own.
Definition of Joint Family
i) The joint family is a mode of combining smaller families into larger family units
through the extension of three or more generations including at least grandparents,
parents and children.
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(ii) The joint family is one which consists of members related through blood and
spread over several generations living together under a common roof and work under
a common head.
(iii) The definition given by Smt. Iravati Karve seems to be more satisfactory.
According to her, the joint family may be defined as “a group of people who generally
live under one roof who eat food cooked at one hearth, who hold property in common,
and who participate in common family worship and are related to each other as some
particular type of kindred”
Types of Joint Family
The joint family may assume two forms.
(i) Patriarchal joint family (ii) Matriarchal joint family. Both the forms are found in
India. The patriarchal joint family is father-centred and the matriarchal joint family is
mother-dominated. Eg : The patriarchal joint families arc found among the Nambudaris
of Malabar, the Mundas of Chhotanagpur and the Angami Nagas of Assam. The
Nambudari joint family is generally described as “Illom”. The matriarchal joint families
are found among the Nairs of Malabar, the Khasis arid Garos living on the Garo hills of
Assam. The Nair joint family is popularly known as ‘Tarawad’.
Characteristics of the Joint Family
1. Depth of Generations. The joint family consists of people of three or more
generations including at least grandparents, parents and children. Sometimes, other
kith and kin such as uncles, aunts, cousins and great grandsons also live in the joint
family itself.
2. Common Roof Members of the joint family normally reside together under the
same house hold. Due to the scarcity of accommodation or due to educational and
employment problems, members of the joint family may reside separately. Still, they try
to retain regular contacts and the feeling of belonging to the same family.
3. Common Kitchen. Members eat the food prepared jointly at the common
kitchen. Normally, the eldest female member of the family supervises the work at the
kitchen. In the patriarchal joint families, women serve the food to men at first and take
their meals afterwards.
4. Common Worship. The Hindu joint family derives its strength from religion.
Hence, it is associated with various religious rituals and practices. Every family may
have its own deity of ‘Kula dev and its own religious tradition. Members of the family
take part in common worship, rites and ceremonies.
5. Common Property. The members hold a common property. As Melley writes: the
joint family “is a co-operative institution similar to a joint stock company in which there
is a joint property”. The head of the family manages the family property like a trustee.
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The total earnings of the members are pooled into a family treasury and family
expenses are met with out of that.
6. Exercise of Authority. In the patriarchal joint family usually the eldest male
member exercises authority. The super-ordination of the eldest member and the
subordination of all the other members to him is a keynote of the joint family. His
commands are normally obeyed by others. As opposed to it, in the matriarchal join
family the eldest female member in theory exercises the supreme authority.
7. Arranged Marriages. In the joint family, the head considers it as his privilege to
arrange the marriages of the members. The individual’s right to select his/her life-
partner is undermined. The younger members rarely challenge their decisions and
arrangements. But now-a-days, the feelings of younger ones are being given due
weightage.
8. Procreation. The size of the joint family is by nature bigger. It is found to be
associated with higher rate of production. It is so because in the past procreation was
regarded as a religious duty. Members rarely practised birth control measures. But
today the situation has changed.
9. Identification with obligations towards the Family. The members tend to identify
themselves with their family. Every member has his own duties and obligations
towards the family. The family in turn, protects the interests and promotes the welfare
of all. The senior most member of the family acts as the guide for other members.
10. Self-sufficiency. There was a time when the joint family was mostly self-sufficient, it
used meet the economic, recreational, medical, educational and other needs of the
members. The rural agricultural joint families were mostly self-reliant. But they can
hardly depend on themselves today. No type of family is self-re1iant that way today.
11. MERITS AND DEMERITS OFJOINT FAMILY
The joint family claims certain merits and suffers from certain defects. Some of them
may be mentioned here.
Merits of Joint Family
(i) Stable and Durable. The joint family is more stable and durable than the single unit
family or the nuclear family. Individuals may come and go but the family as a unit
stands. It contributes much to the continuation of the cultural tradition.
(ii) Ensures Economic Progress. The joint family meets the basic needs of its
members—food clothing and shelter—a first condition of economic progress.
Further, it provides larger labour force especially for the agricultural communities. It
prevents the sub-divisions and fragmentation of land-holdings and helps scientific
farming.
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(iii) Ensures Economy of Expenditure. Savings are possible here since the household
ses are done jointly. No single member has an absolute right in family property.
Everyone bind to become spendthrift. The head of the family does not permit the
members to becod vagant.
(iv) Secures the Advantage of Division of Labour. Here the work is distributed among
embers on the basis of age and sex. Members co-operate with one another since they
hold the property in common. Especially for agricultural tasks, the joint family is better
fitted. As K. Kapadia has pointed out “The Indian farmer used to be producer, seller,
labourer and investor combined. Each of these functions can be performed efficiently
to the advantage of the family if it is a joint one.”
(v) Serves as a Social Insurance Company. For the people such as orphans, widows,
the aged, divorced, separated and the neglected, the joint family serves as a social
insurance company it gives them food, shelter and protection. -
(vi) Provides Social Security. The joint family gives social security to the weak, aged,
single, the infirm, the unabled, the disabled and such other needy persons. An
individual’s life from cradle cremation is looked after by the joint family. In times of
accidents, crises and emergencies, one calls on one’s joint family for the needed help.
(vii) Provides Leisure. Since the work is shared by all the members on the basis of
age, they get more leisure time. More hands at home can finish off the work with
minutes and provide enough leisure to the members to relax. Here women are the
main beneficiaries.
(viii) Provides Recreation Also. The joint family is an ideal place of recreation of all
members. Childish play between the too aged and the little babies, the funny talks of
the old broken language of the younger ones, the expression of sisterly, brotherly and
motherly love and the like make the joint family life a pleasurable one. Social and
religious Ceremonies that take place at the family bring even the relatives together and
tighten the ties.
(ix) Helps Social Control. The joint family by exercising control over the behaviour of its
members acts as an agency of social control. The individuals arc taught to subordinate
their individual interests to the group interests.
(x) Provides Psychological Security . The joint family provides psychological security to
its members. By creating a harmonious atmosphere in the family, it contributes to the
development of social solidarity. It prevents the growth of excessive individuation
inside the family.
(xi) Promotes Co-operative Virtues. Joint family is said to be the breeding ground of
love, self- help, co-operation, tolerance. discipline, loyalty, generosity, sacrifice,
service-mindedness and obedience and such other virtues of life. It instils the
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socialistic spirit among the members. “Work according to ones ability and obtain
according to ones needs”, and “all for one and one for all,-. said to be the mottos of the
joint family.
Demerits of Joint Family
(1) Retards the Development of Personality. The joint family does not provide enough
scope for the members to develop qualities of adventure, self-determination,
industriousness, etc. The elder ones take up too many responsibilities and the younger
ones arc overprotected.
(2) Damages Individual Initiative and Enterprise . The joint family does not provide
proper opportunities for the members to develop their talents. Any new enterprise or
adventure on the part of the young people is discouraged by the head of the family.
This adversely affects the individuality, originality and creativity of the young members.
(3) Narrows Down Loyalties. Joint family makes the members to develop narrow-
mindedness. It is said that a member is more likely to develop a sense of loyalty to the
family rather than to the larger society. These family units develop strong opposite
principles which result in disintegration and division within the society at large.
(4) Promotes Idleness. The joint family is said to be the home of idlers and drones.
Since all the members are assured of their basic necessities of life, no one takes much
interest in the productive activities. Further, all the relatives may flock to the joint family
with their idle habits and may become life-long parasites.
(5) Not Favourable for Saving and Investment. The need for saving does not arise
here because all are assured of their basic needs. There is no inspiration for the
accumulation of capital and investment. Saving is not possible also for one has to
share one’s income with the large family.
(6) The Centre of Quarrels. The joint family is said to be the hotbed of quarrels and
bickering especially among the womenfolk. Since women come to the family (after the
marriage) from diverse socio-economic and religious backgrounds, they may find it
difficult to adjust themselves properly. Quarrels very often take place between the
elder and the younger members of the family.
(7) Denies Privacy. Since the joint family is always overcrowded, privacy is denied to
the newly wedded couple. They cannot express openly their love and affection for the
invariable presence of other members causes embarrassment for them. They rarely
get opportunity to talk about their personal matters. Hence they fail to develop
intimacy.
(8) Affects Socialisation of Children. Due to the lack of intimacy and privacy between
the husband and wife, the socialisation of children is affected very badly. The parents
cannot always give personal attention to the upbringing of their children. The children
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become more attached to their grandparents and often they pick up the idle habits and
age-old ideas.
9. Undermines the Status of Women. In patriarchal joint families, Women have only
secondary role. They are not given sufficient freedom to express and to develop their
personality. Their inner feelings are never recognised. They are made to work like
servants. Women are treat as non-entities here. They can hardly resist their elders
even for just causes because obedience is enforced upon them. In such families sons
are preferred to the daughters.
10. Encourages Litigation. The joint family encourages litigation. Normally disputes
over the common property crop up at the time of partition. Such disputes are taken to
the courts which are dragged on for years leading to the waste of time, energy, money
and more than that, loss of mental peace.
(11) Favours Uncontrolled Reproduction. The joint family is found to be associated
with high birth rate. Members do not feel the need to adopt birth-control measures.
Since the joint family takes up directly the responsibility of feeding, rearing and
educating the children, the married members do not experience the urgency and
necessity of restricting the number of issues.
(12) Limits Social Mobility. The joint family is said to be more conservative in nature.
Since it is dominated by tradition, it is slow to respond to the modern trends. It does
not encourage its members to go after change. Members are more concerned with
safeguarding their statuses rather with changing them. Hence social mobility is very
much limited here.
(13) Encourages Nepotism. Some are of the opinion that the joint family system is the
root cause of nepotism and discrimination. It is said that the public servants and
officials belonging to, or the other family are more likely to favour their own kith and kin
on public issues or in matters providing job even at the cost of merit.
12. FOR THE CHANGES IN THE JOINT FAMILY SYSTEM
The joint system of India has undergone vast changes. These changes have also
destroyed the system as such. They have definitely affected its structure and functions
and also stability. Milton Singer [1968 ] has identified five factors which have affected
the family These are: education, industrialisation, urbanisation, change in the
institution of marriage,’ daily in the age of marriage and the legislative measures. in
1. Influence of Education
Modern system of education introduced by the British Government affected joint family
in severa1 ways. It has brought about a change in the attitudes, beliefs, values and
ideologies of the people. Education which is spreading even amongst the females has
created and aroused the individualistic feelings. While the male literacy level has
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increased from 9.8% in 1901 to 55.7% in 1991 among the females it has increased
from 0.6% to 30.09% during the same period.
The increasing education not only brings changes in the philosophy of life of men and
women it also provides new avenues of employment to the latter. After becoming
economically independent, women demand more freedom in family affairs. They
refuse to accept anybody’s dominance over them. Education in this way brings
changes in relations in the family. As the level of education, the percentage of those in
favour of nuclear families increases and the percentage supporting joint family living,
decreases.
2. Impact of Industrialisation
Factory system of production, new system of organisation and management and new
system of life have also affected the joint family. It has made young men and women
leave their joint family in faraway places in search of better prospects and
employment. It has resulted in the breakdown of the link between the kinship and the
occupational structure. Many of the traditional skills, craft based household industries
associated with the joint family have declined because of the onslaught of factory
system of production.
Some important effects of industrialisation on joint family system may be noted F
(i) The family which was a principal unit of production has been transformed into a
consumer unit. Instead of all family members working together in an integrated
economic enterprise members go out of the home to earn the family’s living. This
affected family relations.
(ii) Factory employment has freed young adults from direct dependence upon their
families. This financial independence of the youngsters has weakened the authority of
the head of the house hold over those earning members. In many cities even women
too joined men in working outside the families on salary basis.
(iii) In the changed social situation children have ceased to he economic assets and
have become liabilities. Children’s educational requirements have increased. They are
to be supported for a very long time till they get into some good job.
(iv) Industrialisation separated the home from the work. This has made the working
members to bear themselves all the burden and headache connected with their job.
Their families can hardly lend support in this regard.
3. Influence of Urbanisation
The phenomenon of urbanisation has become now widespread. Urban population is
increasing steadily. In the mid-eighteenth century, around 10% of the population in
India were urban residents. Their percentage increased to 36. 19% in 1991. The
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studies made by Aileen Ross, M.S. Gore, Milton Singer and others have revealed
that the city life is more favourable to small nuclear families than to big joint families.
On the basis of the studies made, it could be said that the urban living weakens joint
family pattern and strengthens nuclear family patterns. Educated persons in urban
areas are less in favour of joint family norms. Cities provide opportunities to women
also for gainful employment and when woman starts earning, she seeks freedom in
many spheres. She tries to break away more and more from her husband’s family of
orientation. Urban residence thus seems to introduce a certain measure of variation in
family pattern in our society.
4. Change in Marriage System
Change in the age at marriage, freedom in mate-selection and change in the attitude
towards marriage have also affected our family system. Modern young men and
women not only marry at a late age but also take personal decision in this matter.
They do not wait for parental permission. Parents’ role in mate-selection has
diminished. Marriage is not very much considered a religious affair but only a social
ceremony. Modern marriage does not symbolise the superior authority of the
family head over other members.
5. Legislative Measures
The impact of legislative measures on the family system cannot be ignored. Prohibition
of early marriages and fixing the minimum age of marriage by the Child Marriage
Restraint Act, 1929 and the Hindu Marriage Act, 1955, have lengthened the period of
education. The freedom of mate- selection and marriage in any caste and religion
without the parents’ consent after certain age permitted through by the Special
Marriage Act, 1954, gave a blow to the parental authority to decide their children’s
marriage. Other legislations such as the Widow Remarriage Act, 1856 which gives
sanction for widow remarriage, the Hindu Marriage Act, 1955 which permits divorce
and the Hindu Succession Act, 1956 which gives share to daughters in parental
property - all have modified inter personal relations within the family, the composition
of the family and the stability of the joint family.
6. Other Causes
Influence of Western Values: The western values relating to modern science,
rationalism, individualism, equality, free life, democracy, freedom of women etc. have
exerted a tremendous influence on the Hindu family system. The modern educated
youths who came under the influence of these values took the earliest opportunity to
become free from the tight grip of the joint family.
Awareness Among Women: Increasing female education, widened freedom and
employment opportunities for women created awareness among women particularly in
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the middle and upper class. They also sought chances of becoming ‘free’ from the
authoritarian hold of the joint family.
13. IS THE HINDU JOINT FAMILY DISINTEGRATING?
Scholars have been discussing since several years the question of the disintegration
of the Hindu joint family in India. No social institution can withstand change for long.
The Indian family system including the traditional Hindu family system, too has
undergone changes. The question that is debated is whether these changes are
causing the disintegration of the family or not. There are three views among the
scholars relating to this question. They are mentioned below.
(a) The joint family s is not only changing fast but also tending towards disintegration:
K.T. Merchant [1935] A.M. Shaw [1955-58] Aileen Ross [1961] William Goode [1963]
Prameel Kapoor [1970] B.R Ghosh [1974] - and others supported this view on the
basis of their field studies.
(b) Joint families are successfully continuing in India withstanding all the disintegrating
forces: This view has been held by the scholars - K.M. Kapadia [1956] I.P. Desai
[1964] B.R. Agarwala, M.S. Gore [1968] and others on the basis of their field studies
conducted at Surat, Navsari, Baroda, Poona, Kheda, Delhi, Rohtak and other places.
(c) Joint families though are changing fast they continue to stay with relatively smaller
size: Dr. Iravathi Karve, David G. Mandelbaum and others strongly held this opinion.
Joint family is facing changes. It is true that joint family system is undergoing fast
changes. Some of these changes have disintegrating influence also. This
disintegration is more evident in big cities and in industrial centres than in rural areas.
But the disintegrating rate is slow and not fast. If some forces are at work towards the
breaking up of the joint family system, some other forces are striving for maintaining its
existence.
Forces of Change are not destroying the system as such. Since India is a land of
villages, the joint family system has still scope for its continuation in the villages. The
forces of mechanisation, industrialisation, urbanisation, education, etc. have taken
place to the destroying all the prevailing joint families.
Joint family is not dying out. As K.M. Kapadia has pointed out, “the general
assumption that the joint family is dying out is invalid.” The rural people who desert
their joint families and move to the cities due to some economic and other exigencies
still want to have their connection with the parental joint families. They want to visit
their native families at least at the time of marriages, festivals and such other family
rites and ceremonies. Educated Indians still feel morally obliged retain their links with
the traditional joint families. They consider it their moral duty to bring up their younger
brothers and sisters in the lines of education and employment. The sentiment of
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jointness is very much alive in them and they cherish it as a cultural objective. Hence
joint families do not dwindle away so easily. On the contrary they are making enough
compromises with the modern trends for their survival.
-------------------
Fact that a member of a family had been assisting another family in the cultivation of
land, it could not he inferred that there had come into existence a composite family. It
seems that in the absence of an express agreement, the existence of a composite
family cannot be inferred from the fact of two families living together and cultivating
land jointly. May be, if some families are living together and cultivating land together
for several generations, an inference of composite family may he drawn. If the terms of
the agreement so lay down the property of the composite family may devolve by
survivorship. It is possible to incorporate all the incidents of the Mitakshara
coparcenary under the terms of the agreement. In Suhbayya v.Sitaramma the Andhra
Pradesh High Court said that continuous course of dealing with properties of all the
families, for the benefit of the composite family, acquisition of property jointly in the
names of the common head of the family, launching of joint ventures and sharing of
risk and the joint utilization of the resources jointly for common and individual purpose
raise strong presumption of the existence of a composite family.
Without the existence of a custom, a composite family cannot come in into existence.
Hindu Joint Family and Hindu undivided family : Hindu Joint Family or HUF s a
term used in tax statutes. Hindu law uses the expression Hindu joint family and the
Supreme Court has taken the view that the HUF in tins lax statutes has the same
meaning a Hindu joint family.
In C.G.T v. B.K.Sampangiram the Kerala High Court has put it thus: a joint Hindu
family consists of male members descended lineally from a common male ancestor,
together with their mothers, wives or widows and unmarried daughters bound together
by the fundamental principle of sapindaship or family relationship which is the essence
and distinguishing feature of the institution. HUF signifies that all its members are
Hindus or in other words Hindu law applies to the family. The Supreme Court in Surjit
Lal Chhabra v. CIT again said: The expression ‘Hindu undivided family’ finds reference
in the provisions of the Income Tax Act but that expression is not defined in the Act.
The reason of the omission evidently is that the expression has a well-known
connotation under the Hindu law and being aware of it the Legislature did not want to
define the expression separately in the Act. Therefore, the expression ‘Hindu
undivided family’ must be construed in the sense in which it is understood under the
Hindu law. A joint Hindu family under the Dayabhaga is, like a Mitakshara family,
normally joint in food, worship and estate. In both systems, the property of the joint
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family may consist of ancestral property, joint acquisition and of self-acquisitions
thrown into the common stock. In fact, whatever he the school of Hindu law by which a
person is governed, the basic concept of an HUF in the sense of who can be its
members is almost the same.
CHILD MARRIAGE
When the marriage is solemnized between the minors it is called child marriage as
either or both the parties being minor are not competent to enter into marriage. In old
days, the marriage was solemnized between the minor children during their minority,
with the consent of their guardian. To avoid the complications, the parents used to
perform the marriage of their children before they attain majority. They used to feel
that if they leave their children without marriage especially girls, then they will not
realize their responsibilities and the children will not get married as per the wishes of
the guardian. Moreover to protect the interests of girl and to keep her in boundaries to
make her understand about the future life and members. So she should get adjusted
herself with the flew atmosphere and can be moulded easily according to the
circumstances.
The child marriage was prevailing all over the country. With the passage of time, our
social reformers realized that the marriage at an early age as both scientifically as well
as physically not proper and correct. The basic nature of marriage is to perform
conjugal relationship and for this procreation of children the parties of marriage should
be fit and should be in a position to accept the responsibility. More so, the concerned
parties should understand the aim and object of marriage because it is a sacramental
act which should not be a part of game for children.
Before entering into this sacramental act, the concerned parties understand the basic
nature of marriage. So to control the child marriage, THE CHILD MARRIAGE
RESTRAINT ACT, 1929 was passed. This Act came into force on 1st April 1930. The
Act restrains the marriage of a child and as per the said Act marriage of boys under 18
years of age and that of girls under 14 years of age was an offence. Further, this Act
was amended in the year of 1978 which raised the age for boys from 18 to 21 years
and for girls from 14 to 18 years. The violation of such provision imposes/prescribes
penalty. It provides punishment for three months of simple imprisonment and a fine of
up to Rs. 100W- for bride groom parent, guardian and priests who a-re party to the
marriage, No woman is however punishable with imprisonment under this Act.
The Hindu Marriage Act; 1955 also prescribes the age of parties for marriage. Under
Section 5 of the said Act it is provided essential conditions of marriage. One of the
conditions specifying the age for the parties to the marriage. The age of the male
should be 21 years and female of 18 years at the time of marriage. But the
G.J.Advani Law College The Family Family Law II Prof Kavita Lalchandani 26
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contravention of this condition does not provide any penalty to the parties and it also
does not declare such marriage to be void or voidable marriages under Section 11 and
12 of the said Act. Thus the status of child marriage remains valid even if the
prescribed age has not been attained by the parties.
The Child marriages are still prevailing in India mainly in rural areas. There are
requirements of further amendments and some strict clauses/provisions should be
incorporated to eradicate this social evil from the present society.
SATI .
The nature of marriage among Hindus is a sacrament from the point of view of the
sacred beliefs and values involved in it. According to traditional Hindu belief, marital
bond is said to be inseparable and irrevocable. As per the old texts, once the marriage
is tied it can not be untied. The marital bond will be in existence until the death of
either of them. The belief states that the wife is supposed to be bound to her husband
even after his death. She should remain faithful not only during his lifetime but even
after his death. The marriage of widows was not allowed/permitted. As per the
‘puranas’, the wife (patni) should be ‘pativratya’. The wife was expected to be devoted
to her husband only. It implies that fidelity and modest service to the husband are the
sole and pious duty and it was her main purpose of life. As a river merging in the
ocean loses its identity, same way a wife is supposed to merge her individuality with
that of her husband. Her duty is to provide all her services to the husband and the
satisfaction of her husband was her sole joy in her whole life. The widows were often
forced to make a vow or sankalpa to die after their husband’s death and some were
forcibly pushed to their husband’s funeral pyre and then they used to be called as sati.
The wife should be dedicated fully towards her husband. Her happiness in life was
confined to her husband only. The wife was all times expected to prove herself as a
real “Sati” with all dedication and reverence to her husband. The concept of pativratya
was stretched to sati system. It made the wife attached to the husband as long as he
lived and even after his death, she should remain faithful towards her husband. After
the death of her husband either the wife had to renounce all the joys of her life or
follow her husband by jumping in to funeral pyre. The idea of pativratya glorified the
concept of sati. With the passage of time the concept of sati went into deep root in the
minds of Hindus and then sati became not only customary but a woman’s highest
aspiration. This custom became popular among Hindu widows. The concept of sati
started losing its significance gradually because of the provisions for remarriage of
widow and divorce. The marital tie was no longer eternal or permanent union. The
famous Bramho samajist, Shri Raja Ram Mohan Rai took up the cause of women and
impressed upon Lord Bentick to bring out a legislation prohibiting the practice of sati.
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Further to control the inhuman practice of sati a separate Act was enacted namely
“The Prevention of Sati Act,1829”. This Act made the burning and burying alive of
widows culpable homicide punishable with fine and/or imprisonment. Though this Act
could not immediately stop the practice in total, but it could save the lives of number of
widows. Another legislation which was complimentary to the previous legislation, also
made provisions for the remarriage of Hindu widows. This Act was named and called
“The Hindu Widows remarriage Act,1856”. And this Act helped to remove the
deplorable conditions of Hindu widows. In such way with the help of the said two
legislations the customary sati is totally abolished now. But few years back it was
reported by newspapers and later on confirmed that a widow named Roop Kanwar of
Deorala village in the State of Rajasthan became sati as she was forced to jump in to
funeral pyre of her husband. Thus an awareness is still required in some interior parts
of rural areas of India to stop any such reoccurrence of any sati practice in future.
----------------------------
Social Change
the technological field. Thus, in order to lead a pleasurely and a leisurely life and to
minimise the manual labour and maximise merriment, man has started inventing new
techniques, machines, instruments and devices. Various electrical equipments such as
electric heater, boiler, electric iron, refrigerator, grinder, tape-recorder, fan, etc., have
come into being to ease the routine tasks of the people and to provide them great
pleasure.
8. TECHNOLOGICAL FACTORS
The technological factors represent the conditions created by man which have a
profound influence on his life. In the attempt to satisfy his wants, fulfil his needs and to
make his life more comfortable, man builds civilisation. Technology is a product of
civilization. When the scientific knowledge is applied to the problems of life, it becomes
technology. Technology is a systematic knowledge which is put into practice, that is, to
use tools and run machines to serve human purposes. Science and technology go
together. Technology is fast growing. The modem Age is often called the
Technological Age or the Mechanical Era. In utilising the products of technology man
provokes social changes. The social effects of technology are far-reaching. According
to Karl Marx, even the formation of social relations and mental conceptions and
attitudes are dependent upon technology. Karl Marx, Veblen and a few others have
regarded technology as the sole explanation of social change. W.F. Ogburn says,
‘technology changes society by changing our environments to which we in turn adapt.
This change is usually in the material environment and the adjustment that we make
with these changes often modifies customs and social institutions’ A single invention
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may have innumerable social effects. Radio, for example, has influenced our
entertainment, education, politics, sports, literature, attitudes, knowledge and so on.
Ogburn and Nimkoff have given a list consisting of 150 effects of radio in the U.S.A.
IMPACT OF TECHNOLOGICAL CHANGE ON SOCIAL ORDER
The development in the field of technology culminated in the great event of Industrial
Revolution. The Industrial Revolution of the 18th century and the various
developments woven around it, revolutionalised human life in several respects. The
tempo of the technological changes has not vanished. Technology and technological
changes continue to affect the human life and social order. The impact of technological
change on the social order may be discussed here.
Effect of Technology
1. Industrialisation (The Birth of the Factory System of Production)
Technology has contributed to the growth of industries or to the process of
industrialisation. ‘Industrialisation is a term covering in general terms the growth in a
society hitherto mainly agrarian of modern industry with all its attendant circumstances
and problems, economic and social. It describes in general terms, the growth of a
society in which a major role is played by manufacturing industry of the modern type.
The industry is characterised by heavy, fixed-capital investment in plant and building,
by the application of science to industrial techniques, and by mainly large-scale
standardised production. Some writers hold that ‘the best general test of the
industrialisation of a nation’s life under modern conditions is the raze and character of
the growth of its industries.
The Industrial Revolution that took place in England during the 18th century
contributed to the unprecedented growth of industries. Industrialisation is associated
with the factory system of production. Today, goods are produced in factories and not
in homes. The family has lost its economic importance. The factories have brought
down the prices of commodities, improved their quality and maximised their output.
The whole process of production is mechanised. Consequently, the traditional skills
have declined and a good number of artisans have lost their work. Huge factories
could provide employment opportunities to thousands of people. Hence men have
become workers in factories in-a very big number. The process of industrialisation has
affected the nature, character and the growth of economy. It has contributed to the
growth of cities or to the process of urbanisation.
2. Urbanisation
In many countries, the growth of industries : has con:r to cities (urbanisation).
Urbanisation denotes a diffusion of the influence of urban centres to a rural hinterland.
Mitchell refers to urbanisation as being the process of becoming urban, moving to
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cities, changing from agriculture to other pursuits common to cities, and corresponding
change of behaviour patterns. Hence only when large proportion of inhabitants in an
area come to cities urbanisation is said to occur.
Urbanisation has become a world phenomenon today. In 1800 (i.e., before the
Industrial Revolution) there were only 21 cities in the world each with a population of
100,000 or over, and all these were in Europe. By 1950 there were 858 such cities in
the world (364 of them in the European continent) with a combined population of over
3l3.000,000. An unprecedented growth has taken place not only in the number of great
cities but also in their size. England where the Industrial Revolution took place first,
became urbanised at a relatively faster rate. England, America. Germany and Israel
are the most urbanised countries of the world where more than 75% of the people live
in towns and cities.
As a result of industrialisation people have started moving towards the industrial areas
in search of employment. Due to this the industrial areas developed into towns and
cities. A number of such industrial cities are there in the world now. Bangalore,
Durgapur, Kanpur, Bombay, Calcutta of India, Manchester, Lancashire of England,
Chicago and Detroit of America can be mentioned here as examples.
The growth of cities or urbanisation has resulted in urban concentration and rural
depopulation. The unregulated growth of cities has caused problems such as-
overcrowding, congestion, insanitation, inadequate water and electricity supply; lack of
privacy and intimacy, etc. The cities have also become the centres of various socio-
economic problems such as crime, juvenile delinquency prostitution, etc.
3. Modernisation
“Modernisation” is a process which indicates the adoption of the modern ways of and
values. It refers to an attempt on the part of the people, particularly those who are
custom-bound, to adapt themselves o the present time, conditions, needs, styles, and
ways in general. It indicates a change in people’s food habits, dress habits, speaking
styles, tastes, choices, preferences, ideas, values, recreational activities, and so on.
People, in the process of getting themselves modernised give more importance to
science and technology. The scientific and technological inventions have modernised
societies in various countries. They have caught about remarkable changes in the
whole system of social relationship and installed new ideologies in the place of
traditional ones.
In the process of modernisation some typical forms of changes occur in the social
structure of society. Changes in social structure involve role differentiations in almost
all aspects of life. Growth of science and technology adds impetus to this process and
finally accelerates the movement or the rate of change.
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4. Development of the Means of Transport and Communication
Development of transport and communication has led to the national and international
trade on a large scale. The road transport, the train service, the ships and the
aeroplanes have eased the movement of men and material goods. Post and telegraph
radio and television, newspapers and magazines, telephone and wireless and the like,
have developed a great deal. The space research and the launching of the satellites
for communication purposes have further added to these developments. They have
helped the people belonging to different corners of the nation or the world to have
regular contacts. The nations have come nearer today. The world has shrunk in size.
The intermixing of the people has led to the removal of prejudices and
misunderstandings.
Evolution of new social classes: factory system of production has turned the
agricultural economy to an industrial economy. The industrial economy is popularly
known as the capitalist economy. This has divided the social organisation into two
predominant classes - the Capitalist Class and the Working Class. These two classes,
according to Marx, are always at conflict because both have mutually opposite
interests. In course of time an intermediary class called ‘the Middle Class’ has evolved.
This class which consists of the so-called ‘white collar’ people, is playing an important
role in the society.
6. Unemployment
The problem of unemployment is a concomitant feature of the rapid technological
advancement. Machines not only provide employment opportunities for men but they
also take away the jobs of men through labour-saving devices. This results in what is
known as technological unemployment.
7. Technology and War
The highly dangerous effect of technology is evident through the modern mode of
warfare. Today, not men, but guns, not hands, but bombs fight the battle. The atom
bomb and the hydrogen bomb have brought new fears and anxieties for mankind. The
atomic and the bacteriological wars that can destroy the entire human race reveal how
technology could be misused. Thus, the greater the technological advancement, the
more ingenious is the devilish wholesale murder. However, technology could be used
for constructive purposes also.
8. Changes in Values
Industrialisation, urbanisation, development in the means of transport and
communication, the progress of democracy, introduction of secular education, birth of
new organisations political and economic, etc., have had profound effects on the
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beliefs, ideals, tendencies and thoughts of the people. This has led to a vast
transformation in the values of life.
Industrialisation and mechanisation have brought new values and philosophies. The
traditional values have changed. Things are measured more in pecuniary terms. Men
are devoted more to quantity than to quality, to measurement than to appreciation.
Human beings by the use of machines hare become less human, more passive and
more mechanical. As MacIver and Page have said from the mechanistic point of view,
“all things are means to means and to no final end, functions to functions and of no
values beyond.”
Technological invention and industrial expansion have very ‘directly promoted
hedonism. People want to have ‘good time’ always. They have become pleasure-
seekers. They want to maximise the pleasure by putting forth minimum, or no efforts.
Mounting production has provided them with sufficient money and also leisure to play
and to enjoy. More importance is given to pomp and show than to contemplation and
thought. Human relations are becoming impersonal and secondary. On all sides one is
confronted with “human machines” which possess motion hut not sincerity, life but not
emotion, heart but not feelings.
There has been a movement towards individualism. Individuals are moving away from
their family and community loyalty and responsibility. Individualism has intensified
social and psychological uprooted-ness. Technology has substituted the ‘hand’ work
with the ‘head’ work. This kind of work requires manipulation of people instead of
things. “Manipulating others and being manipulated by others enhances individuation,
the sense of being alone and operating alone.”
9. Changes in Social Institutions
Technology has profoundly altered our modes of life and also thought. Technology has
not spared the social institutions of its effects. The institutions of family, religion,
morality, marriage, state, property, etc., have been altered.
Modern technology, in taking away industry from the household, has radically changed
the family organisation. Many functions of the family have been taken away by other
agencies. Women
----------------------- KINSHIP SYSTEM
Definition of Kinship-Kinship a Significant Concept in Anthropology-Structural
Principles of Kinship- Rule of Descent, importance of the Rules of Descent-Primary,
Secondary and Tertiary Kins-Unilineal Groups: Lineage - Clan or Sib-Phratry-
Moieties-Kinship. Usages: Ru1e of Avoidance – Joking-Relationship – Teknonymy-
Avunculate-Amitate-Couvade.
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Kinship system represents one of the basic social institutions. Kinship is universal and
in most societies plays a significant role in the socialisation of individuals and the
maintenance of group solidarity. It is supremely important in the primitive societies and
extends its influence on almost all their activities - social, economic, political, religious,
etc.
Definition of Kinship
1. Robin Fox: “Kinship is simply the relations between ‘kin ‘that is persons related by
real, putative or fictive consanguinity”.
2. Aberchrombie and others: “The social relationships deriving from blood ties (real
and supposed,) and marriage are collectively referred to as kinship” ²
3. A.R. Radcliffe Brown: Kinship is “a system of dynamic relations between person
and person in a community, the behaviour of any two persons in any of these relations
being regulated in some way and to a greater or less extent by social usage”.³
4. In simple words, “The bond of blood or marriage which binds people together in
group is called
Kinship –
Kinship- A Significant Concept In Anthropology
The concept of “kinship” is vitally important in Anthropology. In simple societies, the
kinship relations arc so extensive, fundamental and influential that in effect they in
themselves constitute the ‘social system’. But in more complex societies kinship
normally forms a fairly small part of the totality of the social relation which makes up
the social system. Sociologists do not attach much importance for it except in their
study of the sociology of family. Anthropologists, on the contrary, give more
importance to this concept because kinship and family constitute the focal points in
anthropological studies.
Structural Principles of Kinship
The kinship system is governed by some basic principles which can be called the
“facts of life”.
Robin Fox speaks of four such basic principles which are mentioned below:
1. Robin Fox in his “Kinship and Marriage” -Page :39
2. Aberchrombie and others in “The Penguin Dictionary of Sociology” ..Pagc
131.
3. A. R. Radcliffe Srown in “Structure and Function in Primitive Society”.
Principle-1: The women have the children
Principle-2: The men impregnate the women
Principle-3: The men usually exercise control
Principle-4: Primary kin do not mate with each other.
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These principles emphasise the basic biological fact on which kinship system
depends. Men and women indulge in sexual interaction and as a result women bear
children. This leads to blood ties between the individuals and the special terms are
used to recognise this relationship: mother, child, father. The relationship based on
blood ties is called “consanguineous kinship”, and the relatives of this kind are called
‘consanguineous kin’.
The desire for reproduction gives rise to another kind of binding relationship “This kind
of bond, which arises out of a socially or legally defined marital relationship, is called
affinal relation- ship”, and the relatives so related are called ‘affinal kin’. The affinal
kins [ and wife] are not related to one another through blood.
Rule of Descent
‘Descent’ refers to the social recognition of the biological relationship that exists
between the individuals. The ‘rule of descent’ refers to a set of principles by which an
individual traces his descent. There are three basic rules of descent : patrilineal
descent, matrilineal descent and bilateral descent.
(a) Patrilineal Descent. According to this rule, descent is traced through the father’s
or male line. Here the descent criterion is restricted to males, and only descendants of
a common ancestor in the male line will be recognised as kin. These are known as
agnatic or patrilineal kin.
(b) Matrilineal Descent. Here the descent of the individual is traced through the
mother or female exclusively. The descendants are called here uterine or matrilineal
kin.
These two modes of tracing the descent are called “unilineal’, that, they select one
“line” only either the male or female. These principles or rules are not necessarily
mutually exclusive within a society.
(c) Bilateral Descent. This is a rule in which the descent is traced through both the
lines, the female line and also the male line for some or the other purpose.
What is important here is that almost all kinship systems recognise ‘bilateral’
relationships, that is, relationships to both maternal and paternal kins. Ex: Some
societies such as the “Yako” of Nigeria, utilise matrilineal descent for some purposes
and prilineal descent for others. Here there exists a system of ‘double unilineal
descent’ which is normally known as “double descent”.
Importance of the Rule of Descent
The rule of descent is very important for two main reasons:
(a) Rule of descent establishes for every individual a network of social positions in
which he participates. He comes to know about his obligations and rights.
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(b) Rule of descent invariably defines some rights of inheritance. Inheritance and
succession would go normally along the line of descent.
Primary, Secondary and Tertiary Kins
Kinship has got various ramifications. On the basis of nearness or distance, kins are
classified into (i) primary kins, (ii) secondary kins, and (iii) tertiary kins.
(i)Primary Kins. Every individual who belongs to a nuclear family finds his primary kins
within the family. There are 8 primary kins: husband-wife, mother-son, father-daughter,
mother-daughter, younger brother elder brother, younger sister-elder sister, and
brother-sister.
(ii) Secondary Kins. Outside the nuclear family the individual can have 33 types of
secondary Al other ‘s brother, brother ‘s w sister ‘s husband, father ‘s brother, etc....
(üi) Tertiary Kins. Tertiary kins refer to the secondary kins of our primary kins.
Example: wife’s brother’s son, sister’s husband’s brother, and so on. Anthropologists
have spoken of 151 tertiary kins.
Unilineal or Unilateral Groups
Lineage
“A lineage is a unilineal descent group in which membership may rest either on
patrilineal descent [patrilineage] or on matrilineal descent [A lineage thus consists of
descendants in only one line, either the father’s or the mother’s. These descendants
know their exact genealogical relationship and who recognise obligations to one
another. A lineage is thus smaller and more localised than the broader category of
kinship grouping.
Clan or Sib
“A clan is a unilineal descent group, the members of which may claim either patrilineal
descent (patrician) or matrilineal descent (matrician) from a founder, but do not know
the genealogicalities with the ancestor / ancestress” . [Abercrombie and others - page :
66]
“A clan is a named unilineal descent group: that is, a body of persons claiming
common descent from an ancestor (often mythical) and recruiting the children of either
male or female members, but not both.”
The ancestor or mythical ancestor through whom the descent is claimed, may be
human, human- like, animal, plant or even inanimate object. The “gotra” group of the
Hindus represents a clan. These clans are larger groups and are geographically more
dispersed. The clans may have a common totemic name and common ritual taboos
against eating the flesh of the totemic animal.
Phratry
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“A Phratry is a grouping of clans which are related by traditions of common descent”
[Abercrombie and others - page: 219]. Mythical ancestors are common in clans and
phratries. The Phratry is larger than the clan and includes people scattered over
relatively large areas among whom it is not possible to trace relationship without
bringing in a mythical common ancestor.
Moieties
“Where the descent groups of a society are organised into two main divisions, these
are known as moieties halves]”. [Abercrombie- page66]
The term ,“moiety” refers to the bisection of a tribe into two complementary social
groups. Some writers would restrict the term ‘moiety’ to ‘exogamous’ social divisions,
while others use the term to mean any dual organisation, exogamous or not.
KINSHIP USAGES
Kinship usagers or the rules of kinship are significant in understanding kinship system
as such, Kinship usagers serve two main purposes:
1. Firstly, they create groups or special groupings or kin. Example: Family, extended
family, clan etc.
2. Secondly, the kinship rules govern the role of relationships among the kins. Kinship
usage provides guidelines for interaction among persons in these social groupings. It
defines proper and acceptable role relationships. Thus it acts as a regulator of social
life.
The kinship relations are regulated according to usages prevalent in the society. Some
of these relationships are: avoidance, teknonymy, avunculate, amitate, couvade and
joking relationship.
1. RULE OF AVOIDANCE
Avoidance means that two kins normally of opposite-sex should avoid each other. “In
almost all societies avoidance rules prescribe that men and women must maintain
certain amount of modesty in dress, speech, gait and gesture in a mixed company”.
Duncan Mitchell in “A Dictionary of Sociology.”. pager 30.
Example, the father-in-law should avoid daughter-in-law. The bride must also avoid
mother-in-law’s brothers. The son-in-law must also avoid his mother-in-law and other
female relatives of his wife [mostly mother-in-law’s sisters]. (i) Amongst the Yukafir, the
son-in-law is not supposed to see the faces of his mother-in-law and father-in-law. (ii)
Amongst the Ostiyak, the married man is not supposed to see the face of his mother-
in-law atleast till he gets a child. (iii) Amongst the Aruntas, if the mother-in-law enters
or approaches the hut of her son-in-law she would be excommunicated. (iv) Amongst
the Veddas of Ceylone elder brother and sisters are not supposed to live in the same
house and even eat together.
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In same societies, even the husband and wife are not supposed to touch cacti other or
show affection in the presence of others. Calling of the personal name is also iabooed.
Example The Hindu wife is n supposed to call her husband by his name.
The rule of avoidance is believed to serve two purposes:
1. Avoidance rules serve to stop the development of complications in the relations
between the parties concerned. It is said it seeks to minimise the chance of the
development of open hostility in the relations between the parties.
2. According to the Murdock G.P., rules of avoidance exists because they reinforce
incest taboos.
2. JOKING RELATIONSHIPS
“A joking relationship involves a particular combination of friendliness and antagonism
between individuals and groups in certain social situations. In these situations one
individual or group is allowed to mock or ridicule the other without offence being
taken”. Duncan Mitchell (page: 103).
The usage of the joking relationship permits to tease and make fun of the other. Such
relation ships prevail between a grandson or grand-daughter on the one hand, his or
her grand-father and grand-mother, on the other. Example : (i) Amongst the Oraons of
Orissa and the Baigas of Madhya Pradesh such relationships prevail between the
grandfather and grandmother and their grand children. Majumdar and Madan have
cited the example of a case in which a grandfather had married his grand-daughter
and got a child in her.
(ii) Amongst the Crow-Indians such relationships may prevail between a man and his
wife’s sisters. They could be friendly and even talk freely about sex matters.
(iii) Amongst the original inhabitants of Fiji island a son-in-law could be very friendly
with his father-in-law and could ask for anything in his house and he may even spoil a
few articles just for fun. The father-in-law is expected to bear with that and not to react
harshly.
A.R. Radcliffe Brown in his book “Structure and Function in Primitive Society”, 1952
has thrown much light on this type of relationship. The origins and causes of joking
relationships are not clearly known. Some anthropologists say this kind of relationship
acts as a “safety valve” for giving expression or release to the pent up feelings and
emotions. As Chapple and Coon have said these relationships help the individuals to
develop intimacy and closeness among themselves.
3. TEKNONYMY
According to this usage, a kin is not referred to directly but is referred to through
another kin Examples: (i) In a traditional Hindu family, wife does not directly utter the
name of her husband but refers to her husband as the father of so and so, say, Deepti
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or Swathi, or Vikram or Varun, amongst the Hopi, a woman refers to her mother-in-law
as the grand-mother of so and so.
James Frazer has said this kind of a usage is found amongst people in many places
such a Australia, New Guinea, China, North Siberia, Africa, British Columbia,
Andaman Island, and so on.
4. AVUNCULATE [AVUNCIATE]
This refers to “the special relationship that persists in some societies between a man
and mother’s brother”. This term, from the Latin “avunculus” [ mother’s brother] is
sometimes used to describe the authority of the mother’s brother over his sister’s
children in a matrilineal society. This usage is found in a matriarchal system in which
prominence is given to the maternal uncle in the life of his nephews and nieces.
5. AMITATE
Amitate is a usage which gives special role to the father’s sister. Here the father’s
sister is given more respect than the mother. Examples This usage is more prevalent
amongst the Kongs of Polynesia, Thodas of Nilgiri and amongst the Crow-Indians.
Amongst the Thodas, the child-gets its name not through its parents but through the
father’s sister. Because, naming the child is her privilege. This usage is normally
prevalent in patrilineal systems.
6. COUVADE
This kinship usage involves only husband and wife. According to this usage, the
husband is made to lead the life of an invalid along with his wife whenever she gives
birth to a child. He is then not supposed to engage himself in hardwork but expected to
observe dieting and certain other taboos.
Anthropologists have observed the practice of this usage amongst the Khasis and
Thodas of India, the Karibs of South Africa.
According to Malinowski the usage of couvade contributes to a strong marital bond
between the husband and wife. Some have given a psychoanalytical explanation to
this practice. “They haw attributed this usage to the husband’s desire to lighten the
wifes discomforts by a process of participation through identification”. [ Parimal B. Karr
Page 222]
UNIFORM CIVIL CODE
Art 44 of the Constitution of India requires the state to strive to secure for the citizen of
India a uniform civil code through out India.
The object of Directive Principles is to establish a welfare state. However, they
do not confer any enforceable rights. The Parliament may enact such Acts from time
to time on those subjects mentioned in the directive principles keeping in view of the
circumstances of the country.
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An objection was taken to the provision in the Constituent Assembly by several
Muslim members who apprehended that their personal law might be abrogated and
certain provisions were raised:
1. That India had already achieved a uniformity of Law over vast area
2. The secular activities such as inheritance covered by the personal laws should
be separated from religion.
3. Uniform law applicable to all would promote national unity
4. No legislation would forcibly amend any personal law in future.
Article 25
This Article guarantees freedom of conscience, profession, practice and
propagation of religion. However, secular activity associated with religious practice is
exempted from this guarantee. So the personal laws pertaining to secular activities fall
with in the power of the state.
Not much progress has so far been made towards achieving the idea of a
Uniform Civil Code which still remains a distant dream. The only step taken is
codification and secularization of Hindu Law. We have separate Acts for separate
religions. Due to separate Acts for every religion, several difficulties have arisen in
India. It is causing legal, economical and social injury to the nation. It threatens the
integrity of the nation. The provisions of polygamy, divorce, maintenance and other
guardianship under Muslim Law are very rigid and favourable to males only. The
women have no equal rights to males in succession.
With the enactment of a Uniform Civil Code, secularization will be
strengthened, the separation between various religious groups in the country will
disappear and India will emerge as a much more cohesive and integrated nation. So it
is essential that law should be divorced from religion.
In JORDEN DIENGDEH V/s S.S. CHOPRA, the Supreme Court after reviewing
various laws of marriage in India, emphasized about the need of a Uniform Civil Code
and said that the time has come for a complete reform of the laws of marriage and
these to be made applicable to all persons irrespective of their religion.
In another case, in the same year 1985, the Supreme Court in MOHD.
AHMED KHAN V/s SHAHA BANO BEGUM, ruled that a Muslim husband is liable to
pay maintenance to a divorced wife even after the period of Iddat under Section 125
Cr PC. The court regretted that Article 44 has remained a dead letter, if no step has
been taken to frame a Uniform Civil Code.
In SARLA MUDGAL V/S UNION of INDIA, AIR 1995 SC 1531, the Supreme
Court emphasized again about a uniform civil code. Article 44 says that there is no
relation between religion and personal laws in a civilized society.
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In a Public Interest Litigation, AHMEDABAD WOMEN’S ACTION GROUP V/s
UNION of INDIA AIR 1997 SC 3614, the Supreme Court was invited to declare certain
aspects of Muslim Laws as void e.g. polygamy, etc, as being void under Articles 14
and 15 of the Constitution. But the Court refused to do so saying that the issues
should be dealt with by the legislatures and not by the courts.
Recently in DANIEL LATIFE V/s UNION OF INDIA, AIR 2001 SC 3958, the
Supreme Court has discussed the problem of Muslim divorce and Muslim Women.
The Court ruled that a Muslim husband is liable to make provision of the divorced wife
even after the iddat period.
Though such attempts have been made by the courts, the bridge between the
various personal laws cannot be gapped. This problem can only be eliminated if the
law is made in conformity with present day social and economical realties.
As for the problems involved in enacting the Uniform Civil Code are concerned,
the court pointed out that, unlike India, many Islamic countries have codified and
reformed the Muslim personal laws to check it misuse. Polygamy has been banned in
Syria, Tunisia, Morocco, Iran and even in Pakistan.
Different Acts for different religion create doubts of the question of law. This
situation leads to conflicts between the communities. It destroys the integrity of the
nation. Though 5 decades have been passed, we have not be able to enact a Uniform
Code for all the Indians because of politics. So at least in this century a Uniform Civil
Code shall be brought to wipe out the women’s tears. If the Uniform Civil Code I
brought into reality, the Muslim women are the real beneficiaries that other. The
Uniform Civil Code, is thus the need of today.
FAMILY COURT
The litigation in respect of family matters like divorce, maintenance, alimony
custody brought before the Family Court implies an integrated broad based service to
families in trouble. The structure of the Family Court should be such as is meant to
preserve the family and to help stabilize marriage. So the Parliament has passed the
Family Court Act, 1984.
It is now realized that adjudication of family matters is entirely a different matter. It has
a different culture and different jurisprudence. The court while adjudicating family
matters should function in a manner that it may tend to conserve and not disrupt the
family life. It is in the interest of the children and spouse to preserve the family ties.
The court should try to preserve the marital bond though the concerned parties are
interested to break down the marriage.
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STATUS OF FAMILY COURT
The Family Courts Act, 1984 at the first instance stipulates for the
establishment of Family Courts for those towns and cities whose population exceed
one million. The State Governments may set up family courts for other areas.
According to Section 4, Family Court Act, 1984, a family court may consist of one or
more judges. The judges are to be appointed by the State Govt with the concurrence
of the High Court. Where there are more than one judges, the State Govt with the
concurrence of the High Court will designate of the judges as the Principal Judge and
the other as the Additional Principal Judge.
Section 4(3) of the Act further lays down the qualifications of the Judges of the Family
Court :
1. A person who has for at least 7 yrs experience as a Judicial Officer, or
2. an Advocate of High Court for at least for 7 yrs, or
3. holding a post under special knowledge of law in Family Court.
Other qualifications may also be laid down by the Chief Justice of India.
Women will be given preference for appointment as judges.
I. JURISDICTION OF FAMILY COURTS
There is some controversy as to what matters should come within the
jurisdiction of the family court. It is agreed upon that all matters directly pertaining to
the family such as matrimonial cases, maintenance and alimony of spouses, custody,
education and financial support of children, settlement of spousal property and
guardianship and custody of children should come within the jurisdiction of the family
court.
1. A suit or proceeding between the parties to a marriage for a decree of
nullity, restitution of conjugal rights, judicial separation and divorce.
2. a suit or proceeding for a declaration as to the validity of a marriage or
the matrimonial status of any person
3. a suit or proceeding between the parties to a marriage with respect to
the property of the parties or either of them.
4. a suit or proceeding for an order or injunction in circumstances arising
out of a marital relationship
5. a suit or proceeding for a declaration as to the legitimacy of any person
6. a suit or proceeding for maintenance; and
7. a suit or proceeding in relation to the guardianship of the person or the
custody of or access to any minor.
The family court has also been conferred jurisdiction for passing orders for
maintenance of wives, children and parents.
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PROCEDURE
One of the main objectives of the family court is to encourage and enable
parties to go into a process of reconciliation, failing which the Family Court Judge
should be able to pass consent orders.
The concept of family court essentially implies the discarding of adversarial
procedure. New less formal rules have to be framed in our submissions.
1. The rules should be framed in simple language clearly indicating the
whole range of procedures from the commencement of an action to its
conclusion, including the means of enforcing judgments, decrees and
orders.
2. Flexibility of rules should be the hallmark of the new procedure so that
diverse, at times complex problems of familial conflicts are covered.
3. As far as possible, standard forms should be framed in such a manner
as to be adaptable to the circumstances of each case.
4. Pleading should be simple and should not have the traditional fault
oriented approach.
5. Pre-trial processes should be designed in such a manner as to provide
dignified means for the parties to reconcile their differences or to arrives
at amicable settlements without the need for trial.
6. Facilities for legal advice should be made available to each litigant so
that he or she may become aware of the rights and responsibilities and
where children are involved, an early opportunity should be provided to
ensure that their rights are adequately protected.
7. Issues between the parties should be determined without any
prejudicial delay. This is particularly significant when the court is
concerned with the placement of the children.
8. The language, conduct, documentation and legal representation should
be simple, short of all technicalities.
9. One of the objectives of the family court system is to encourage and
enable parties to go into a process of reconciliation, failing which the
family court judge should have the power to pass consent orders, if the
parties have been able to come to some settlement without any
formality of a formal hearing or trial of issues.
K.A. ABDUL JALEEL V/s T.A. SAHIDA
It was held that parties to the marriage includes divorced wife and a petition
filed by her for declaration and partition of property jointly acquired by them is
maintainable.
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The Family Courts Act seems to opt for a less formal procedure. Although Section 10
of the Act, makes the procedure laid down under the Code of Civil 1908 (CPC)
applicable to family court proceedings, it is also laid down that the family court is free
to evolve its own rules of procedure and these will override the rules of procedure laid
down in the CPC or the CrPC. The Act itself contains some provisions which indicate
the informality of the procedure. Thus, the family court may receive as evidence any
report, statement, document, information or other matter that may assist it effectively in
resolving a dispute, irrespective of the fact that some would be otherwise irrelevant or
inadmissible under the Indian Evidence Act 1872. It is not obligatory on the part of the
family court to record the evidence of witnesses at length. A judgment of the family
court should contain a concise statement of the case, the point for the determination,
the decision thereon and the reasons for such decision.
II - APPEAL
No appeal lies against the decrees or order passed with the consent of the
parties, otherwise an appeal lies to the High Court. All appeals are to be heard by a
bench consisting of two judges. No second appeal is provided.
III - PROCEEDINGS
Proceeding are in camera and there is exclusion of lawyers :
It is now a part of the concept of the Family Court that confidentiality of the
Court Records should be maintained and if the parties so desire or the Court so thinks
proper, the proceedings should be in camera. Section 11 of the Family Courts Act
makes it obligatory on the part of the court to hold the proceedings in camera if any
party so desires. These may also be held in camera if the court so deems fit.
The Family Courts Act dispenses with the services of the lawyer. Section 13
makes it abundantly clear when it lays down : “Notwithstanding anything contained in
any law, no party to a suit or proceeding before a Family Court shall be entitled as of
right to be represented by a legal practitioner.” However, the Family Court may seek
the assistance of a legal expert as amicus curiae whenever it considers that to do so is
necessary in the interest of justice.
In LEELA MAHADEV V/s MAHADEV SITRAM, the Bombay High Court
observed that Section 13 does not bar the presence of the advocate and wherever
necessary the Court should freely make available the service of the advocate.
A perusal of Section 13 of the Act indicates that a party to a proceeding before
the Family Court shall not be entitled as of right to be represented by a legal
practitioner. It is necessary to clarify that Section 13 does not prescribe a total bar to
representation by a legal practitioner, which bar would itself be unconstitutional. The
intention of the Legislature obviously was that the problems or grounds for matrimonial
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breakdown or dispute being essentially of a personal nature that it may be advisable to
adjudicate these issues as far as possible by hearing the parties themselves and
seeking assistance from counsellors.
IV - SUPPORT OF AUXILIARY SERVICE
Auxiliary service is an essential adjunct of the concept of the family court. No
family court system can operate successfully without a well organized support service,
it is a logical concomitant of the family court system. The prime object of the support
service is to help the parties for reconciliation, conciliation and to lessen the
adversarial atmosphere.
The family reconciliation and conciliation service should be a three-tier service
and should be available to the parties before they have gone to the court as well as
when they are in the court. Its main role is to promote reconciliation wherever
possible, and where reconciliation is not possible or undesirable, to secure amicable
settlement of all those issues which need solution when a marriage has broken down.
The main role of the legal aid services is to secure the assistance of competent
lawyers to the parties when they go to trial of their conflicting or competing claims
requiring judicial disposition. Similarly, when parents contest about children, the
children should be independently represented by lawyers. This service will also help in
the speedy disposal of undisputed cases.
The social welfare of the persons professionally engaged in promoting the welfare of
the family, of persons working in the field of social welfare or any other expert in family
law matters. It also stipulates for the appointment of counselors, officers and other
employees necessary for the functioning of the family court systems. The family court
may also secure the services of a medical expert or such other persons who specialize
in promoting the welfare of the family to assist it in the discharge of its functions.
SOME ASPECTS OF SOCIAL MOBILITY
SANSKRITISATION – WESTERNISATION-MODERNISATION
A. Sanskritisation. Meaning and Definition of Sanskritisation-Sanskritisation and
Brahminisation -An Analysis of the Process of Sanskritisation-Sanskritisation Some
comments. B. Westernisation Definition of Term-Main Features of Westernisation-
Westernisation: Some Comments- C. Modernisation- Meaning of Modernisation-
Definition of Modernisation-The Process of Modernisation -Characteristics of
Modernisation-Process of Modernisation: in India-Problems of Modernisation
Sanskritisazion and Westernisation Comparative Views-Westernisation and
Modernisation:Comparative Views.
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Though the Indian society which is based on the caste system is often regarded as a
“closed society” , it is not altogether changeless. Within the framework of the caste
itself some kind of mobility is observed. Lower castes have often tried to claim higher
status by imitating the life-styles of upper-castes particularly of Brahmins and
Kshatriyas. M.N. Srinivas used the term “Sanskritasation” to denote such type of
process. The upper castes including Brahmins, on the contrary, have started orienting
their life-styles on the model of the Westerners. The term ‘Westernisation’ introduced
by M.N. Srinivas describes this process. Today not only the upper class and middle
class people including upper caste and intermediary caste people are trying to orient
their behaviour, attitudes, beliefs and life-styles towards those of developed societies ;
but also the entire mass of people re involved in this process. Daniel Lerner calls this
process ‘modernisation’. It denotes a process of social change whereby “less
developed societies acquire the characteristics common to more developed societies”.
Here is an attempt to understand the socio-cultural changes that have been
taking place in India in terms of these processes namely Sanskritisation,
Westernisation and Modernisation. These three processes reflect an attempt on the
part of the Indian masses to achieve some amount of mobility both within and outside
the framework of the caste system.
A. SANSKRITISATION ._
Meaning of Sanskritisation
The term “Sanskritisation” was introduced into Indian Sociology by Prof. MN. Srinivas.
The term refers to a process whereby people of lower castes collectively try to adopt
upper caste practices and beliefs, as a preliminary step to acquire a higher status.
Thus it indicates a process of cultural mobility that is taking place in the traditional
system of India.
M. N. Srinivas in his study of the Coorg in Karnataka, found that lower castes in order
to raise their position in the caste hierarchy, adopted some customs and practices of
the Brahmins, and gave up some of their own which were considered to be “impure”
by the higher castes. For example they gave up meat-eating, drinking liquor and
animal sacrifice to their deities. They imitated Brahmins in matters of dress, food and
rituals. By doing this, within a generation or so they could claim higher positions in the
hierarchy of castes. In the beginning, MN. Srinivas used the term “Brahmanisation” (in
his book “Religion and Society among the Coorgs”- 1971) to denote this process. Later
on he replaced it by “Sanskritisation”.
Definition of Sanskritisation.
M.N. Srinivas, in fact, has been broadening his definition of the term ‘Sanskritisation
from time to time. Initially, he described it as- “the process of mobility of lower castes
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by adopting vegetarianism and teetotalism to move in the caste hierarchy in a
generation or two”- (1962). Later on, he redefined it as “a process by which a low
caste or a tribe or other group changes its customs, rituals, ideology and way of life in
the direction of a high and frequently, twice-born caste”— (MN. Srinivas in his “Social
Change in Modern India-1971 ). The second definition is much broader for it includes
ideologies also (which include ideas such as ‘Karma’ ‘dharma’, ‘papa’ (sin), ‘punya’
,moksha’ etc.).
Sanskritisation and Brahminisation.
Sanskritisation is a much broader concept than Brahminisation. MN. Srinivas preferred
it to Brahminisation for some reasons:
(i) Sanskritisation is a broader term and it can subsume in itself the narrower
process of Brahminisation. For instance, today, though by and large, Brahmins are
vegetarians and teetotallers, some of them such as Kashrniris, Bengalis and
Saraswath Brahmins eat non-vegetarian food. Had the term ‘Brahminisation’ been
used, it would have become necessary to specify which particular Brahmin group was
meant.
(ii) Further, the reference groups of Sanskritisation are not always Brahmin.
The process of imitation need not necessarily take place on the model of Brahmins.
Srinivas himself has given the example of the low castes of Mysore who adopted the
way of life of Lingayats who are not Brahmins but who claim equality with Brahmin.
Similarly, the smiths (one of the lower castes) of Mysore call themselves Vishwakarma
Brahmins and wear sacred threads and have sanskritised some of their rituals. (Still,
some of them eat meat and drink liquor. For the very same reason, many castes,
including some untouchable castes do not accept food or water from their hands).
The lower castes imitated not only Brahmins but also Kshatriyas, Vaishyas
Jats, Shudras, etc. in different parts of the country. Hence the term Brahminisation did
not completely explain this process. M.N. Srinivas himself acknowledged this fact and
wrote : “I now realize that, I emphasised unduly the Brahminical model of
Sanskritisation and ignored the other models Kshatriya, Vaishya and Shudra...”
(“Social Change in Modern India”-1971 Page - 7)
An Analysis of the Process of Sanskritisation
An Analysis of the process of ‘Sanskritisation’ would reveal to us the following facts:
1. ‘Sanskritisation’ denotes the process in which the lower castes try to imitate
the life-styles of upper castes in their attempt to raise their social status. The process
seems to be associated with the role of local “dominant caste”. Though for some time,
the lower castes imitated Brahmins they soon shifted it towards the local dominant
caste which in most cases a non-Brahmin dominant caste.
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2. Sanskritisation denotes the process of upward mobility. In this process, a
caste is trying to increase its position in the caste hierarchy not at once, but over a
period of time. It would take, sometimes, a period of one or two generations.
Social Change
the technological field. Thus, in order to lead a pleasurely and a leisurely life and to
minimise the manual labour and maximise merriment, man has started inventing new
techniques, machines, instruments and devices. Various electrical equipments such as
electric heater, boiler, electric iron, refrigerator, grinder, tape-recorder, fan, etc., have
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come into being to ease the routine tasks of the people and to provide them great
pleasure.
8. TECHNOLOGICAL FACTORS
The technological factors represent the conditions created by man which have a
profound influence on his life. In the attempt to satisfy his wants, fulfil his needs and to
make his life more comfortable, man builds civilisation. Technology is a product of
civilization. When the scientific knowledge is applied to the problems of life, it becomes
technology. Technology is a systematic knowledge which is put into practice, that is, to
use tools and run machines to serve human purposes. Science and technology go
together. Technology is fast growing. The modem Age is often called the
Technological Age or the Mechanical Era. In utilising the products of technology man
provokes social changes. The social effects of technology are far-reaching. According
to Karl Marx, even the formation of social relations and mental conceptions and
attitudes are dependent upon technology. Karl Marx, Veblen and a few others have
regarded technology as the sole explanation of social change. W.F. Ogburn says,
‘technology changes society by changing our environments to which we in turn adapt.
This change is usually in the material environment and the adjustment that we make
with these changes often modifies customs and social institutions’ A single invention
may have innumerable social effects. Radio, for example, has influenced our
entertainment, education, politics, sports, literature, attitudes, knowledge and so on.
Ogburn and Nimkoff have given a list consisting of 150 effects of radio in the U.S.A.
IMPACT OF TECHNOLOGICAL CHANGE ON SOCIAL ORDER
The development in the field of technology culminated in the great event of Industrial
Revolution. The Industrial Revolution of the 18th century and the various
developments woven around it, revolutionalised human life in several respects. The
tempo of the technological changes has not vanished. Technology and technological
changes continue to affect the human life and social order. The impact of technological
change on the social order may be discussed here.
Effect of Technology
1. Industrialisation (The Birth of the Factory System of Production)
Technology has contributed to the growth of industries or to the process of
industrialisation. ‘Industrialisation is a term covering in general terms the growth in a
society hitherto mainly agrarian of modern industry with all its attendant circumstances
and problems, economic and social. It describes in general terms, the growth of a
society in which a major role is played by manufacturing industry of the modern type.
The industry is characterised by heavy, fixed-capital investment in plant and building,
by the application of science to industrial techniques, and by mainly large-scale
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standardised production. Some writers hold that ‘the best general test of the
industrialisation of a nation’s life under modern conditions is the raze and character of
the growth of its industries.
The Industrial Revolution that took place in England during the 18th century
contributed to the unprecedented growth of industries. Industrialisation is associated
with the factory system of production. Today, goods are produced in factories and not
in homes. The family has lost its economic importance. The factories have brought
down the prices of commodities, improved their quality and maximised their output.
The whole process of production is mechanised. Consequently, the traditional skills
have declined and a good number of artisans have lost their work. Huge factories
could provide employment opportunities to thousands of people. Hence men have
become workers in factories in-a very big number. The process of industrialisation has
affected the nature, character and the growth of economy. It has contributed to the
growth of cities or to the process of urbanisation.
2. Urbanisation
In many countries, the growth of industries : has con:r to cities (urbanisation).
Urbanisation denotes a diffusion of the influence of urban centres to a rural hinterland.
Mitchell refers to urbanisation as being the process of becoming urban, moving to
cities, changing from agriculture to other pursuits common to cities, and corresponding
change of behaviour patterns. Hence only when large proportion of inhabitants in an
area come to cities urbanisation is said to occur.
Urbanisation has become a world phenomenon today. In 1800 (i.e., before the
Industrial Revolution) there were only 21 cities in the world each with a population of
100,000 or over, and all these were in Europe. By 1950 there were 858 such cities in
the world (364 of them in the European continent) with a combined population of over
3l3.000,000. An unprecedented growth has taken place not only in the number of great
cities but also in their size. England where the Industrial Revolution took place first,
became urbanised at a relatively faster rate. England, America. Germany and Israel
are the most urbanised countries of the world where more than 75% of the people live
in towns and cities.
As a result of industrialisation people have started moving towards the industrial areas
in search of employment. Due to this the industrial areas developed into towns and
cities. A number of such industrial cities are there in the world now. Bangalore,
Durgapur, Kanpur, Bombay, Calcutta of India, Manchester, Lancashire of England,
Chicago and Detroit of America can be mentioned here as examples.
The growth of cities or urbanisation has resulted in urban concentration and rural
depopulation. The unregulated growth of cities has caused problems such as-
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overcrowding, congestion, insanitation, inadequate water and electricity supply; lack of
privacy and intimacy, etc. The cities have also become the centres of various socio-
economic problems such as crime, juvenile delinquency prostitution, etc.
3. Modernisation
“Modernisation” is a process which indicates the adoption of the modern ways of and
values. It refers to an attempt on the part of the people, particularly those who are
custom-bound, to adapt themselves o the present time, conditions, needs, styles, and
ways in general. It indicates a change in people’s food habits, dress habits, speaking
styles, tastes, choices, preferences, ideas, values, recreational activities, and so on.
People, in the process of getting themselves modernised give more importance to
science and technology. The scientific and technological inventions have modernised
societies in various countries. They have caught about remarkable changes in the
whole system of social relationship and installed new ideologies in the place of
traditional ones.
In the process of modernisation some typical forms of changes occur in the social
structure of society. Changes in social structure involve role differentiations in almost
all aspects of life. Growth of science and technology adds impetus to this process and
finally accelerates the movement or the rate of change.
4. Development of the Means of Transport and Communication
Development of transport and communication has led to the national and international
trade on a large scale. The road transport, the train service, the ships and the
aeroplanes have eased the movement of men and material goods. Post and telegraph
radio and television, newspapers and magazines, telephone and wireless and the like,
have developed a great deal. The space research and the launching of the satellites
for communication purposes have further added to these developments. They have
helped the people belonging to different corners of the nation or the world to have
regular contacts. The nations have come nearer today. The world has shrunk in size.
The intermixing of the people has led to the removal of prejudices and
misunderstandings.
Evolution of new social classes: factory system of production has turned the
agricultural economy to an industrial economy. The industrial economy is popularly
known as the capitalist economy. This has divided the social organisation into two
predominant classes - the Capitalist Class and the Working Class. These two classes,
according to Marx, are always at conflict because both have mutually opposite
interests. In course of time an intermediary class called ‘the Middle Class’ has evolved.
This class which consists of the so-called ‘white collar’ people, is playing an important
role in the society.
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6. Unemployment
The problem of unemployment is a concomitant feature of the rapid technological
advancement. Machines not only provide employment opportunities for men but they
also take away the jobs of men through labour-saving devices. This results in what is
known as technological unemployment.
7. Technology and War
The highly dangerous effect of technology is evident through the modern mode of
warfare. Today, not men, but guns, not hands, but bombs fight the battle. The atom
bomb and the hydrogen bomb have brought new fears and anxieties for mankind. The
atomic and the bacteriological wars that can destroy the entire human race reveal how
technology could be misused. Thus, the greater the technological advancement, the
more ingenious is the devilish wholesale murder. However, technology could be used
for constructive purposes also.
8. Changes in Values
Industrialisation, urbanisation, development in the means of transport and
communication, the progress of democracy, introduction of secular education, birth of
new organisations political and economic, etc., have had profound effects on the
beliefs, ideals, tendencies and thoughts of the people. This has led to a vast
transformation in the values of life.
Industrialisation and mechanisation have brought new values and philosophies. The
traditional values have changed. Things are measured more in pecuniary terms. Men
are devoted more to quantity than to quality, to measurement than to appreciation.
Human beings by the use of machines hare become less human, more passive and
more mechanical. As MacIver and Page have said from the mechanistic point of view,
“all things are means to means and to no final end, functions to functions and of no
values beyond.”
Technological invention and industrial expansion have very ‘directly promoted
hedonism. People want to have ‘good time’ always. They have become pleasure-
seekers. They want to maximise the pleasure by putting forth minimum, or no efforts.
Mounting production has provided them with sufficient money and also leisure to play
and to enjoy. More importance is given to pomp and show than to contemplation and
thought. Human relations are becoming impersonal and secondary. On all sides one is
confronted with “human machines” which possess motion hut not sincerity, life but not
emotion, heart but not feelings.
There has been a movement towards individualism. Individuals are moving away from
their family and community loyalty and responsibility. Individualism has intensified
social and psychological uprooted-ness. Technology has substituted the ‘hand’ work
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with the ‘head’ work. This kind of work requires manipulation of people instead of
things. “Manipulating others and being manipulated by others enhances individuation,
the sense of being alone and operating alone.”
9. Changes in Social Institutions
Technology has profoundly altered our modes of life and also thought. Technology has
not spared the social institutions of its effects. The institutions of family, religion,
morality, marriage, state, property, etc., have been altered.
Modern technology, in taking away industry from the household, has radically changed
the family organisation. Many functions of the family have been taken away by other
agencies. Women