Group‐specific family laws are said to provide women fewer rights and impede policy change. India's family law systems specific to religious groups underwent important gender‐equalizing changes over the last generation. The changes in the laws of the religious minorities were unexpected, as conservative elites had considerable indirect influence over these laws. Policy elites changed minority law only if they found credible justification for change in group laws, group norms, and group initiatives, not only in constitutional rights and transnational human rights law. Muslim alimony and divorce laws were changed on this basis, giving women more rights without abandoning cultural accommodation. Legal mobilization and the outlook of policy makers—specifically their approach to regulating family life, their understanding of group norms, and their normative vision of family life—shaped the major changes in Indian Muslim law. More gender‐equalizing legal changes are possible based on the same sources.
Postcolonial states responded differently to the group-specific personal laws that were recognized in many colonial societies. While some retained most colonial personal laws (e.g., Lebanon) and others introduced major changes (e.g., Tunisia), most introduced modest yet significant changes (e.g., Egypt, India, Indonesia). Indian policy makers retained personal laws specific to religious groups, and did not change the minority laws, although minority recognition did not rule out culturally grounded reform. They changed Hindu law alone based on their values, as they saw Hindu social reform as the key to making nation and citizen. Reform proposals drew from the modern Western valuation of the nuclear family, and from Hindu traditions that were reformed to meet standards of modernity. As Hindu nationalists and other conservatives defended lineage authority, legislators retained much of the lineage control over ancestral property. But they provided limited divorce rights, reduced restrictions on mate choice, and banned bigamy. The visions driving the initial proposals influenced many later changes in India's family laws.
When might high ethnic mobilization co-exist with social pluralism? The article addresses this question by comparing four of India's major ethnic movements/parties. “Organizational pluralism” denotes flexibility and autonomy in party-society and intra-party transactions. Pluralism within influential political organizations aids social pluralism. High levels of organizational pluralism led Dravidianism to aid social pluralism; comparatively low levels led Hindu revivalist and Sikh organizations to ignore incentives to adopt more inclusive strategies. States willing and able to foster tolerance will emerge amidst high ethnic mobilization only if activists promote pluralism within major ethnic organizations.
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