Paper No.

: 02 Social-Cultural Anthropology
Module : 10 Family & Law, Patriarchy and Violence in Domestic
Space

Development Team
Prof. Anup Kumar Kapoor
Principal Investigator
Department of Anthropology, University of Delhi

Paper Coordinator Prof. Sabita Acharya

Department of Anthropology, Utkal University, Bhubaneswar

Content Writer Ms .Priyanka Adhikari

Department of Anthropology, University Of Delhi

Prof. A.K.Sinha
Content Reviewer
Department of Anthropology, Panjab University, Chandigarh

Social-Cultural Anthropology
Anthropology
Family & Law, Patriarchy and Violence in Domestic Space
 Description of Module

Subject Name Anthropology

Paper Name 02 Social-cultural Anthropology

Module Name/Title Family & Law, Patriarchy and Violence in Domestic Space

Module Id 10

Social-Cultural Anthropology
Anthropology
Family & Law, Patriarchy and Violence in Domestic Space
 Contents of this Unit
1. Family and Structures of Patriarchy
1.1 Patriarchy
1.2 Patriarchy and Power Relation within Family
2. Violence in Domestic Space
2.1 Domestic Violence takes Place in Various Forms
2.2 Dowry Death
2.3 Cruelty by Husband and Husband’s Relatives
2.4 Husband or Relative of Husband of a Woman Subjecting Her to Cruelty
2.5 Protection of Women from Domestic Violence Act 2005

Social-Cultural Anthropology
Anthropology
Family & Law, Patriarchy and Violence in Domestic Space
 1. Family and Structures of Patriarchy
A human family refers to a group of people who share a bond that are associated by a web of
relationship through values, emotions and shared experiences. This unit not necessarily has to be united
through blood line but through common socializations also. In other words, family is a unit where its
members are economically and socially dependent on each other and share common ideas and values
and provide love, care and support by both biological and conjugal line. Bronislow Malinowski defined
family as a bounded set of people who recognizes each other and can be differentiated from other
groups in a definite social space. The concept of family which challenged Malinowski’s idea of family
is that family is a group which comprises of a woman and her dependent children, and at least a man
connected in the course of marriage or blood relation. Feminist anthropologists argued that mother
child bond or the entity of couple and children is present in every society but Malinowski’s features of
a family may not be universal.
It is a well known fact that anthropological discourse had been engaged with the debates and talked
about diffusion of structures of human family. Discovery of classification of kinship terminologies and
ethnographic account of kinship practices on one hand and on the other hand, the evidence of mother-
goddess cult in many modern and historical societies has helped scholars to conceive the idea of a
universal stage of mother-right prior to the stage of father-right in human evolution enroute for perhaps
civilized form of conjugal family seen in the advanced western societies.
Gerda Lerner has talked about the mechanism through which family reinforces a hierarchical structure
where patriarchal values are constantly practiced. Patriarchal values in this way is regulated and
exercised through generation after generation by socializing them. The first question that pops in our
mind at the time of birth of a child is ‘boy or girl?’ and gender roles are assigned to the child based on
its gender by agencies of socialization. If it is a boy, he gradually tries to imitate the male member of
the family especially his father and by imitating him, he learns to be dominating by seeing his father’s
ruling status in the family. On the other hand, the girl socializes herself with caring, nurturing, loving,
and submissive mother/ females. These gender stereotypes are not only the socially constructed
categories but they are also embodied by both men and women. According to the prescribed roles, men
are the responsible agencies of societies to earn and look after the family while women are given the
responsibilities with domestic work including raising children and the other family members. These
stereotypes of masculinity1 and femininity highlight discrimination against women and violence and
injustices. Although this binary nature of public and private sphere is defined by gender, women now
exercise and enjoy the public domain in terms of economic and educational gain and other purposes. It
is also important to emphasize that the archaic gender role expectations are still subtly present in our
society. Women are systematically disadvantaged and discriminated against occupation, education,

Masculinity characterizes to the socially produced gender roles embodied of being male. It shapes behavioral aspects of
male and female, speech, gestures, social mobility, prescribes roles of being a male.

Social-Cultural Anthropology
Anthropology
Family & Law, Patriarchy and Violence in Domestic Space
 nutrition and subjected to various forms of violence: domestic violence, dowry death, rape, sexual
harassment, sexual abuse, physical abuse, female foeticide, infanticide, witch killing and so on.
Quoting Margaret Mead to make the statement more logical, “men may cook, or weave, or dress dolls
or hunt hummingbirds, but if such societies are appropriate occupations for men, then the whole
society, men and women alike, votes them as important”. When the same occupations are performed
by women, they are as less important (p. 168). Mostly, roles which are not confined to women have
been given higher status, no matter whatever roles are and for whatsoever cultural explanations are
given high status in society- are combined with males. A contemporary example can be a good
description to facilitate the situation prevailing in societies. Although the concept of being in higher
position of science students than students of arts or humanities is changing, even today, a science
student is given higher status in society than a student of humanities. If the upper status of academic
hierarchy is filled by boys then the scienctific community is undoubtedly biased as most science
students are boys. Even if there are contemporary modern societies giving equal opportunity in
economic sector for men and women, it could not possibly be considered as equality because women
not only perform maternal roles but also participate in financial endovers. As a matter of fact, working
both inside home and outside makes women spend working hours to a great extent than do men. Labor
or task, therefore, has been seen as largely male in some societies and female in others.
1.1 Patriarchy
The term, ‘patriarchy’ was first introduced in the 19th century kinship studies. If we break the word into
two syllable it appears as ‘patri’= pater (father) + ‘archy’= rule. The term patriarchy suggests a family
which is ruled by the father. Patriarchy is a socially constructed idea of male having power and
superior position over women. As a matter of fact, the concept of patriarchy is developed on the idea of
a hierarchical power relation where women are under control of men in all spheres of life. It conform
the so-called ideas of masculine and feminine traits which sanctions unequal power relation between
men and women. Subjugation of women, therefore, a ubiquitous phenomenon across globe but nature
of controlling and oppressing women is different from one society to another, in different class, caste,
religion, landscapes, ethnicity and socio-cultural practices. Similarly, patriarchy is practiced diversely
in developed countries as compared to developing countries. In Indian panorama, patriarchy among
dalit, brahminical, indigenous people differ from one another. Despite the different ways of exercising
patriarchy among different cultures, the foundational factor of patriarchy is same everywhere i.e., to
rule over women.
Sylvia Walby in her “theorizing patriarchy, has defined patriarchy as “a system of social structures and
practices in which men dominate, oppress and exploit women” (Sylvia 1990). She used the term ‘social
structure’ to decline the biological determinism which says that men and women are assigned to
different gender roles based on their biology. According to Sylvia Walby, the ‘system of patriarchy’ is
formed by six main pillars that influence women’s lives. These pillars are:

Social-Cultural Anthropology
Anthropology
Family & Law, Patriarchy and Violence in Domestic Space
 i. Inequality in household labor - domestic work is not considered as it should be acknowledged
as labor. Household activities and looking after children is expropriated by husband and the
family.

ii. Unequal paid labor- labor market discriminate women with lower wage payment in
comparison to men. Not only is there a disparity in labor market but women are also isolated in
less skilled profession.

iii. The state- state plays a crucial role in creating inequality among men and women in its political
priorities. In Indian context first female Lok Sabha speaker is Smt. Meira Kumae in the 14th
Lok Sabha for the period of 2009 to m2014

iv. Violence by men – violence against women is indeed the manifestation of unequal power
distribution between two genders. Women experience and routinely suffer from male
violence.

v. Patriarchal relations in sexuality – patriarchy dictates to practice heterosexuality.

vi. Patriarchal socio-cultural institution - institutions like family, religion and in fact state
represents patriarchal rule over women. These representations influence women identities and
demands acceptable standards of conduct and action (Giddens 2006: 473).

1.2 patriarchy and power relation within family

Female sexuality and reproduction in the context of power relation and subordination of women which,
according to Michel Foucault, is important as they put up with cultural meaning of normal and
abnormal behavior that governs people’s idea about their body. According to Foucault, “body is the
focal point of the struggle over the shape of power”. It depicts the presence of power at dispersed
levels like family, educational institution, hospital and so on but he did not talk about the
implementation of power over body. He missed that the part of normalization of women oppression is
being performed by everyday patriarchal norms. Susan Bordo has portrayed the beautification of
woman and her bodily exposure. Many women undergo surgery in order to bring the best beauty out of
them and that beauty is defined by men. Women submit themselves to the power of masculinity by
undertaking such surgical procedures. This idea of submission to men is also found in Indian historical
text. Manusmriti views an ideal woman with the idea of a good daughter, ideal wife, and lovable
mother. According to Manusmriti, a woman’s life revolves around men only. She is a daughter of her
father, wife to her husband and mother to her son. Although this image and status of women altered
while obtaining ideas drawn from tradition and modernity, the basis of women oppression persists.
Partha Chatterjee (1999) has acknowledged the inconsistent situation of Indian women at the time of
freedom movements. Women were highlighted in public domain during this time. Despite women’s

Social-Cultural Anthropology
Anthropology
Family & Law, Patriarchy and Violence in Domestic Space
 exposure in modern world and their engagement in some non-stereotypical work, their private lives
were maintained as well.
2. Violence in domestic space
In Indian mythology, the idyllic womanhood symbolizes by Sita is one of chastised, transparent,
gentle, affectionate, loving, honest, truthful which can neither be demolished or agitated by anyone nor
by her husband’s denial and condemnation. She tried to defy these set of norms by confronting her
husband for his behavior which is criticized by the society and the state of course. In fact, state creates
woman by composing differences among them i.e., women may be treated with different law and
policy based on their religious identities or categories of “good” and “bad” like housewives and
prostitutes and normal and atypical (Sunder Rajan 2003: 22). This theory applies when a wife chooses
to split the customary bondage and leaves the social sanctity, she becomes a deviant character in the
eye of society.
The country, which has witnessed a woman as a Prime Minister and reelected for the same
administrative position has also witnessed merciless death of a female fetus because of its gender. It is
a harsh reality that when our country propagates women empowerment, it also subjects women to
abuse in this male dominated society. She is confined to exercise her freedom as a human being and is
regarded as a commodity. The status of women in our country is overall assigned by men be in private
or public domain. Being taken the superior position in society, men disseminate their power through
ruling over on the other gender i.e., women. It is a form of aggressive behavior generally in
interpersonal interaction or relation. Since men are the ruling category, they endorse their social
position of committing violence against women. Violence, as a result, is the exercise of power that
delineates the very fact of gender inequality2 and patriarchal socially sanctioned rules. Having
considered the definition of violence by WHO (World Health Organization), “the intentional use of
physical force or power, threatened or actual, against oneself, another person, or against a group or
community, which either results in or has a high likelihood of resulting in injury, death, psychological
harm, maldevelopment, or deprivation”. Who considered the fact of using power which makes this
definition more convenient because it broadens the conventional and common meaning worldwide?
Violence in domestic sphere, therefore, is manifested in family by the superior to the inferior. Violence
against women was first acknowledged as an area under discussion in the World Human Rights
Conference organized in Vienna in 1993 and was recognized as a human rights violation. Meanwhile,
United Nations declaration identified violence against women as “any act of gender-based violence
that results in, or is likely to result in physical, sexual or psychological harm or suffering to a woman,
including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public
or private life”. This section particularly focuses on violence in domestic spaces.

2
Gender inequality denotes partiality between men and women in various level of social, economic, educational, political
etc. In the context of India, gender inequality if profoundly visible in urban and rural areas in different domains like social
institutions.
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Social-Cultural Anthropology
Anthropology
Family & Law, Patriarchy and Violence in Domestic Space
 Meaning of domestic violence can be defined within a broad spectrum and shaped by the varied
repercussion. Domestic violence covers a whole range of violence from spousal violence to violence
committed by family members. Violence against women to Malvika Karlekar is manifestation of
power through asymmetrical gender relations in society. Malvika Karlekar is the editor of the Indian
Journal of Gender Studies, a consultant for the centre for Women’s Development Studies (CWDS),
New Delhi. She is a woman who has reached great heights in India and the World over. Such
asymmetrical gender relations often developed as a device to socialize the members of the family with
given norms of behavior from the standpoint of male control. Domestic violence is defined as form of
violent actions perpetrated by family against one of its affiliates or individuals that intimidates and
terrorizes the life of the individual and affects physical, psychological dignity and liberty (Anthony and
Miller, citer in Adriana Gomez, 1996). Violence in domestic spaces thereby includes abuse, assault,
torment, cruelty, physical harm, harassment and so on. By physical harm it intended an attempt to
situate a spouse in fear of threat and injury and make the spouse to forcefully engage in any act or
conduct either sexual or the other through abstinence by the spouse. There are multiple underlying
causes which play major roles in occurrence of violence in domestic sphere.
2.1 Domestic violence takes place in various forms
Types of violence in domestic space under Indian penal code and act:
i. Dowry death (section 304b of ipc)

ii. Cruelty by husbands and relatives (section 498a)

iii. Dowry prohibition act 1961

iv. The protection of women from domestic violence act 2005

2.2 Dowry death

Dowry death and bride burning3 are the cases which one can find in every corner of Indian society. By
definition, dowry death connotes death of a young married woman by hanging, physical injury,
burning or any other unnatural stroke of attack following dowry harassment issues committed by her
husband and in-laws when she or her maternal family fails to fulfill their forced demands in terms of
kind or money. Dowry refers to transmitting property from the bride’s family to that of bridegroom
during marriage (Negi, 1997: 14). The cultural practice of yielding and receiving dowry has been a part
of Indian culture, especially among Hindus, for a long period of time. The recent practice of dowry
system suggests that dowry basically comprises of material gift and currency to the bridegroom and his
family as a prerequisite for the marriage. Dowry is carried out even after marriage (Paul 1986). Dowry

3
Bride burning is also called dowry murder or dowry burning.

Social-Cultural Anthropology
Anthropology
Family & Law, Patriarchy and Violence in Domestic Space
 in the name of gifts is provided to the husband’s family during pregnancy related rituals, childbirth,
initiation ceremonies and so on. Bestowing gifts therefore, does not always remain as a symbol of
affection from parents to their daughter but sometimes an act to fulfill the demand from the husband’s
family.
The essentials of dowry consist of the gifts for the brides in terms of expensive jewelries, garments,
additional goods like refrigerator, household equipments and sometimes vehicles and the list just goes
on. Whenever such demanded items are not supplied by the bride’s family, the bride begins to be
subjected to violence by her marital family. The level of torment to the woman leads to fatal accident
like burning the woman alive. Section 304b4 IPC provides sentences with a term of not less than seven
years, but could lead to life imprisonment as well.
The dowry prohibition acts were promoted in 1984 and 1986. In late 70s at the time of second phase
of women movement in India, dowry related crimes came into notice which was shown to be suicides
or accidents. Problems associated with dowry were always regarded as family issues and the matter of
dowry murders were thought to be a case of suicide. The legal ignorance have led to the increasing
number of such lethal instances and at this juncture it is essential to address the issue seriously. The
dowry prohibition act which was introduced in 1961 which prohibits giving and accepting of a dowry,
“as consideration for marriage”. Under this act, punishment for yielding, demanding or receiving
dowry is imprisonment of upto six months or a fine up to Rs. 5000. The act however, had many
loopholes. Having been in pressure from women group, this act was amended in 1980 for the first time
and then in 1986 once again with the penalty of Rs. 15000 and the crime became non-bailable.
However, the 1984 and 1986 acts were as negligible as 1961 act per se. Malvika Karlekar continued
with the remark that the asymmetrical structure of families result in demanding dowry in forms of gift
or cash from bride’s family reinforces disparity.
2.3 Cruelty by husband and husband’s relatives
Section 498a of the Indian Penalty Code was introduced to combat domestic violence and protection of
women from dowry harassment.
2.4. Husband or relative of husband of a woman subjecting her to cruelty
Anyone, whetherthe husband or the relative of the husband of a woman commits cruelty to the woman
shall be penalized with imprisonment for a period of time which may make longer and shall also be
responsible for fine. This section is cognizable 5, non-bialable6, non-compoundable7 offence.

4
Also is the foundational aspect/base for the meaning of dowry death in this section.
5
By law, the police are obligated to record and thoroughly examine a cognizable offence.
6
There are two types of offences, bailable and non-bailable. 498A is the latter one. When the accused or suspected is
refused to release on bail and the magistrate has the power to reject bail and remand the accused to judicial custody
7
Non compoundable offence is that kind of an offence which cannot be withdrawn by the petitioner. Only in the state of
Andhra Pradesh 498A was made compoundable.
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Social-Cultural Anthropology
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Family & Law, Patriarchy and Violence in Domestic Space
 In this legal context, cruelty defines a pleasure in tormenting that can compel a woman to commit
suicide or cause her severe injury or collapses her life in great danger and affects her physical and
psychological health. In other words, “harassment of a woman where such harassment is with a view to
coercing her or any person related to her to meet any unlawful demand for any property or valuable
security or is on account of failure by her or any person related to her meet such demand.” This
section, therefore, can be evaluated with four types of malicious acts:
i. Any action which compels a married woman to commit suicide.

ii. Any act which is prone to cause severe injury to the life of a woman and affects her physical
and psychological health.

iii. Intend to harass the woman in order to fetch some property or cash or some material objects
from her maternal family.

iv. Finally, subjects the women to torment when her maternal family or relatives either fail to
fulfill the demand for more cash or not giving some property share.

2.5 Protection of women from domestic violence act 2005 no. 43 seeks to protecting women victims
of any kind of violence that occur within the family or household. It was addressed by the government
of India in October, 2006. The act was permitted by the parliament and acknowledged by the president
on 13th of September, 2005.this act facilitates anyone who considers that the person has been subjected
to any incident of domestic act can file a complaint to a protection officer. In other words, “any woman
who is, or has been, in a domestic relationship” with the man being accused of perpetrating the
violence- which means wives, female live-in partners, sisters, widows or mothers. Even relatives of the
man can be listed as “accused” in the case. In this context, a protection officer is who, appointed by
the state government and take testimony of the event and reports to the magistrate and the police.
Protection officer also plays an important role in undertaking the guarantee of woman getting legal
help, medical help, shelter, economic support and any other help if necessary.
One of the crucial factors of domestic violence is associated with dowry. Such violence is not only
represents undermine status of a woman in her marital family but in her maternal home too. In Indian
context, once a girl is married, she becomes an outsider to her natal household which supports the idea
of rejection to get sympathy and support from her maternal home when she undergoes physical and
emotional pain cause by her marital family. Kanyadan, an Indian tradition of giving away of bride by
father is practiced and dowry is given, therefore, there is no question of looking back as the bride now
belongs to her husband’s family.
To conclude it would be inappropriate if Hindu code bill is not acknowledged where women rights
were introduced. During 1955 and 1956, the Hindu code bill was anticipated by Dr. Ambedkar’s in the
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Social-Cultural Anthropology
Anthropology
Family & Law, Patriarchy and Violence in Domestic Space
 parliament which highlighted the women’s right to property. The marriage institution was completely
interpreted with more dynamic changes for example, inter-caste and gotra marriage restrictions were
wiped out, tradition of polygamy was eradicated and divorce was announced.

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Social-Cultural Anthropology
Anthropology
Family & Law, Patriarchy and Violence in Domestic Space