The discussions were held with Hindu women engaged in agricultural production from three villages in two districts of Western Orissa, Jharsuguda and Sundargarh. The forty-three women included both landless agricultural labourers and peasant women from small farming households.
The official administrative process by which this was done included the Plan of 1772, issued by Warren Hastings, that Hindus were to be governed in (personal) matters by Hindu law, and Muslims according to Islamic law. This was rigorously enforced by the courts and administrative offices, leading to the necessity of compiling the necessary 'Hindu law' to be applied. For a critical account of this process, see Derrett 1968; for a formal historical account, see Basu 1983, Jain 1966 and Gledhill 1964.
Preamble, Constitution of India 1950.
In this case, the personal laws were challenged as being contrary to Article 14, the fundamental right to equality, and therefore void under Article 13, which provides that a law in contravention with the fundamental rights shall be void to the extent of the inconsistency.
Section 4, HSA. However, it does not touch or affect the law relating to joint family and partition, and the previous law continues to operate in such matters. Thus, for instance, the right of the mother or widow to a share on partition between the father and sons in a Mitakshara family or between the sons after the death of the father is not affected or abrogated by this Act. Gopal Narain vs. D.P. Goenka (71) A. Delhi 61.
Section 3, Hindu Women's Right to Property Act 1937.
The special relation between brothers and sisters, marked by the brother's duty to protect his sister and the sister's special dependence on him to do so, is celebrated by millions of Hindu males and females every year in the festival of 'Rakhee'. The festival is the celebration of the brother–sister relationship, where the ritual consists of a sister tying a piece of thread on her brother's wrist as a symbol of lifelong affection, in return for which the brother is bound by a duty to always come to her protection.
The 'bargaining approach' is a development of economic formulations of the bargaining 'model'. For detailed analyses and applications of the bargaining approach in various contexts, see Sen (1983, 1987); Agarwal (1994, 1995); Kabeer (1994); Hart (1995); and Folbre (1986).
Agarwal, Bina (1995) 'Gender and legal rights in agricultural land in India', Economic and Political Weekly (March 25): A-39–56.
—— (1994) A Field of One's Own: Gender and Land Rights in South Asia, Cambridge: Cambridge University Press.
Ahmed-Ghosh, H. (1993) 'Agricultural development and work patterns of women in a North India village', in D. Bagchi and S. Raju (eds) Women and Work in South Asia: Regional Patterns and Perspectives, London: Routledge.