Nation and Family: Personal Law, Cultural Pluralism, and Gendered Citizenship in India (66 page)

Married Women (Protection of Rights) Bill, 1994

Muslim Women (Protection of Rights On Divorce) Act (MWPRDA)), 1986

Mussulman Wakf Validating Act (MWVA), 1913

Travancore Ezhava Act (III of 1100K)

Travancore Krishnavaka Marumakkathayee Act (VII of 1115K)

Travancore Kshatriya Act (VII of 1108K)

Travancore Nanjinad Vellala Act (IV of 1101K)

Travancore Nayar Act, 1912 and 1925

Uttar Pradesh Land Laws (Amendment) Act, 1982

INTERVIEWS

Ali Anwar, President, Pasmanda Muslim Mahaz. (Delhi), July 20, 2007

Arun Jaitley, Union Law Minister, 2000–2004 (Delhi), June 30, 2007

Ayatollah Syed Aqeel-ul Gharavi, Vice-President, Muslim Majlis-e-Mushawarat (Delhi), July 30, August 4, 2007

Bader Sayeed, lawyer (Chennai), January 15 and February 12, 2003

Begum Naseem Iktidhar Ali, only woman member, AIMPLB Executive Committee (Lucknow), August 11, 2006

Bina Agarwal, scholar of property and inheritance law and mobilizer to amend HSA and Shariat Act (Delhi), June 9, 28, July 13, 17, 19, 31, 2007

Bishop Santhram, former General Secretary, Church of North India (Agra), July 14, 2007

Cardinal Oswald Gracias, Archbishop of Bombay, Roman Catholic Church, and President, Catholic Bishops’ Conference of India (Mumbai), August 3, 2007

Colin Gonsalves, Founder, Human Rights Law Network (Delhi), June 12, 2007

D. Purandeswari, Congress Party parliamentarian and daughter of N.T. Rama Rao, who piloted Hindu Succession (Andhra Pradesh Amendment) Act, July 29, 2007

D. Sharifa, President, STEPS (Chennai), February 22, 2003

Dr. Ejaz Ali, President, All India United Muslim Morcha (Delhi), August 5, 2007

Dr. John Dayal, President, All India Catholic Union (Delhi), July 26 and 29, 2006

Dr. Julian Francis, Legal Counsel, National Council of Churches of India (Delhi), July 24, 2006

Dr. Kande Prasada Rao, General Secretary, Christian Law Review Committee, July 1 & 5, 2007

Dr. Qasim Rasool Ilyas, Secretary and Convenor of Babri Masjid Committee, AIMPLB (Delhi), April 10, 2003; July 20, 2007

Dr. Rajeev Dhavan, lawyer and legal scholar (Delhi), April 15, 2001; April 18, 2003; June 15, 20, 2006

Dr. Sughra Mehdi, President, Muslim Women’s Forum (Delhi), July 18, 2006

Dr. Tahir Mahmood, legal scholar; former member, Minorities Commission; member, Law Commission of India (Delhi), April 5, 2003, July 21, 2006

Dr. Veena Mazumdar, former member, Committee on the Status of Women in India (Delhi), April 10, 12, 2001, May 3, 2003

Durai Murugan, DMK; Law Minister of Tamil Nadu, 2006–2011 (Chennai), August 15, 2007

E. M. Sudarsana Natchiappan, Congress Party parliamentarian and Chair of the Department Related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice that reframed Hindu Succession (Amendment) Act, 2005 (Delhi), June 14, 18, 25, 2007

Fr. Savio Coutinho, former Secretary, Catholic Bishops Conference of India (Delhi), June 28, 2006

Gargi Chakravartty, Working President, NFIW (Delhi), July 19, 2007

Geeta Ramaseshan, lawyer (Chennai), January 13, 15, 20, February 1, 3, 7, 2003

Habeebulla Basha, lawyer (Chennai), February 28, 2003

Indira Jaising, lawyer (Delhi), July 3, 2006

Jos Chiramel, former National Secretary for Legal Affairs, AICU, and Legal Counsel, CBCI (Delhi), August 3, 2006

Justice A. Abdul Hadi, retired judge, Madras High Court (Chennai), February 24, 2003

Justice Aziz M. Ahmadi, Former Chief Justice of India (Delhi), July 9, 2007

Justice B. P. Jeevan Reddy, retired Supreme Court justice and Chair of Law Commission, 1997–2001 (Chennai), August 13, 2007

Justice Badar Durrez Ahmed, judge, Delhi High Court (Delhi), August 1, 2007

Justice D. P. Mohapatra, retired judge, Supreme Court of India (Delhi), August 2, 2007

Justice Doraiswamy Raju, retired judge, Supreme Court of India (Chennai), August 7, 2007

Justice G. B. Pattanaik, retired judge, Supreme Court of India (Delhi), June 30, 2007

Justice K. Chandru, lawyer and former judge, Madras High Court, February 3, 2003

Justice Leila Seth, retired judge, Supreme Court of India, member of Law Commission, 1997–2000 (Delhi), June 5, 2007

Justice M.B. Shah, former judge, Gujarat High Court & Supreme Court, July 5, 2007

Justice M. Jagannadha Rao, retired judge, Supreme Court of India, Chair of Law Commission, 2002–6 (Delhi), June 28, 2007

Justice P. A. Choudary, judge of Andhra Pradesh High Court, 1980–95 (Hyderabad, over phone), February 23, 2003

Justice P. Venkatarama Reddi, retired judge, Supreme Court of India (Delhi), July 2, 2007

Justice S. Rajendra Babu, former Chief Justice of India (Delhi), July 2 and 3, 2007

Justice Ramesh Chandra Lahoti, former Chief Justice of India (Delhi), June 26, 2007

Justice S. A. Kader, retired judge, Madras High Court (Chennai), February 2, 2003

Justice S. Muralidhar, judge, Delhi High Court, and member, Law Commission, 2003–2006 (Delhi), July 29, August 1, 3, 5, 2007

Justice Shivaraj C. Patil, retired judge, Supreme Court of India (Delhi), June 21, 2007

Justice V. R. Krishna Iyer, retired judge, Supreme Court of India (Kochi), August 1, 2006

Justice Vikramjit Sen, judge, Delhi High Court (Delhi), July 24, 2007

Justice Y. V. Chandrachud, former Chief Justice of India (Mumbai, over phone), July 15, 30, 2007

Jyotsna Chatterji, founding President, Joint Women’s Programme (Delhi), May 3, 2003, June 19 and 24, 2006

K. A. Sukkur, litigant in
Parveen Akhtar
case (Chennai), March 20, 2003

Kamini Jaiswal, lawyer (Delhi), April 15, 2003

Kirti Singh, Legal Convenor, AIDWA (Delhi), April 30, 2003, June 10, 2006

Maimoona Mollah, Convenor, Muslim Women Sub-Committee, AIDWA (Delhi), April 15, 2003

Mary Khemchand, former President, YWCA (Delhi), July 5, 2006

Maulana Abdul Wahab Khilji, former General Secretary, Jamaat Ahl-i-Hadith, and President, All India Milli Council (Delhi), July 2, 2006

Maulana Amin Osmani, Vice-President, Islamic Fiqh Academy (Delhi), July 18 and 29, 2006

Maulana Ateeq Ahmed Bastvi, Convenor, Darul Qaza Committee, AIMPLB (Lucknow), August 10, 2006

Maulana Jaseemuddin, Chief Qazi, Imarat-e-Shariah (Phulwari Sharif, Bihar), August 1 and 2, 2006

Maulana Kalbe Sadiq, Vice-President, AIMPLB (Lucknow), August 11, 2006

Maulana Khalid Rashid, Naib Imam, Firangi Mahal (Lucknow), August 10, 2006

Maulana Khalid Saifullah Rehmani, President, Islamic Fiqh Academy, and Convenor, Nikahnama Committee, AIMPLB (Delhi), July 16, 2007

Maulana Mehmood Madani, President, Jamiat Ulama-i-Hind (Delhi), July 7, 2007

Maulana Mirza Mohammad Athar, President, All India Shia Personal Law Board (Lucknow), August 10, 2006

Maulana Mohammad Burhanuddin Sambhali, Chief Qazi, Darul Uloom Nadwatul Ulama, and President, Fiqh Committee, AIMPLB (Lucknow), August 10, 2006

Maulana Syed Jalaluddin Umri, President, Jamaat-i-Islami Hind (Delhi), April 10, 2003

Maulana Yasin Akhtar Misbahi, Founder & President, Darul Qalam (Delhi), June 15, 2007

Mohammad Abdul Rahim Quraishi, Secretary, AIMPLB (Delhi), July 22, 2006, July 15, 2007

Mufti Mukarram Ahmed, Shahi Imam of Fatehpuri Masjid (Delhi), July 3, 2007

M. Nizamuddin, General Secretary, AIMPLB and President, Imarat-e-Shariah (Delhi), July 15, 2007

Obaidullah Khan Azmi, Member of Parliament, Congress Party and later Samajwadi Party, (Delhi), June 17, 2007

Pappa Umanath, CPI-M (Chennai), February 15, 2003

P. H. Pandian, AIADMK (Chennai), August 10, 2007

Pramila Loomba, Vice-President, National Federation of Indian Women, June 16, 2007

P. V. S. Giridhar, lawyer (Chennai), February 28, March 3, 2003

Ram Jethmalani, Union Law Minister, 1998–2000 (Delhi), July 5, 2007

Rev. Richard Howell, General Secretary, Evangelical Fellowship of India (Delhi), August 19, 2006

Shaista Amber, President, All India Muslim Women’s Personal Law Board (Lucknow), August 11, 2006

Sheila Jayaprakash, lawyer (Chennai), January 4, 2003

Shikoh Azad, Joint Secretary, All India Shia Personal Law Board (Lucknow), August 10, 2006

Soli Sorabjee, former Attorney General and former Solicitor General of India, July 14, 2007

Sona Khan, lawyer in
Danial Latifi
(Delhi), May 5, 2003, July 5, 2006

Subhashini Ali, President, AIDWA (Delhi), June 25, 2006

Sudha Ramalingam, lawyer (Chennai), January 18, 23, 27, 2003

Sudha Sundararaman, General Secretary, AIDWA (Delhi), June 20, 22, 2006

Syed Mohammad Rabey Hasni Nadwi, President, AIMPLB (Lucknow), August 10, 2006

Syed Saif Mahmood, lawyer (Delhi), July 21, 2006

Syed Shahabuddin, President, Muslim Majlis-e-Mushawarat (Delhi), April 25, 2003

Syeda Saiyidain Hameed, former President, Muslim Women’s Forum (Delhi), July 16, 2006

Yusuf Hatim Muchchala, Convenor, AIMPLB Legal Committee (Delhi), July 1, 14 and 31, 2007

Zafaryab Jilani, lawyer and Member, AIMPLB Legal Committee (Delhi), July 12, 2006

Zaffarullah Khan, lawyer (Chennai), February 6, 2003

INDEX

Page numbers in italic indicate tables
.

A. Annamalai Mudaliar v. Perumayee Ammal
(1965),
170
,
171

Abbayolla M. Subba Reddy v. Padmamma
(1998),
179

Abduh, Muhammad,
48

A. Bhagavathi Ammal v. Sethu
(1986),
160

adat
: defined,
37
; Dutch attitudes toward,
78–79
; family disputes regulated according to,
37
,
51
,
273
; Indonesian judges and,
51
,
273
,
277–278
,
294n71
; and Indonesian minority law reform,
80–81
,
276–277
; orientations of Indonesian nationalists toward,
50
,
79–81
; religious judges’ orientation toward,
37
,
277–278

adoption,
illatom
,
173

adoption rights: and agenda for further personal-law reform in India,
282
; bill to provide, for all Indians,
86
,
221
,
235
,
259
; Christian law reform and,
218
,
226–227
,
253–254
,
259–262
,
265
,
320nn115–118
; Christian mobilization for,
65
,
87
,
226–228
,
234
,
253
,
262
,
264
,
285
; for Christians,
65
,
87
,
90
,
205
,
215
,
218
,
235–236
,
263
,
281–282
,
285
,
320n115
; of Hindus,
107
,
111
,
301n12
; and Muslims,
221–222
,
235
,
252
; and recognition of custom,
111
,
218
,
233
,
260–261
,
320n115
; Special Marriage Act and,
111
,
128
,
129
; in Turkey and Tunisia,
54

adultery: false charges of, and divorce,
149–150
,
160
,
171–172
,
303nn34–35
; as grounds for divorce,
12
,
110–111
,
119–120
,
128
,
143–145
,
153–158
,
197
,
254–258
,
303n36
,
305n39
; Indian Divorce Act and,
128
,
218–219
,
254–258
; maintenance rights and,
157–158
,
305n51
,
305n53

Afghanistan,
6
,
71–72

Agarwal, Bina: on conjugality,
106
; on determinants of legal change,
105–106
; on federalism and Shariat Act amendment,
293n59
; on Hindu inheritance law reforms,
104–105
; on Kerala Joint Hindu Family System (Abolition) Act,
186
; on kinship practices,
39–40
,
121
;
on kinship practices and inheritance,
39–40
,
104–105
,
187
; on land rights,
39–40
,
104–105
,
125
,
180
; on national inheritance law reform,
191–192
; on regional customs and orientations to family law,
39–40
; role in national inheritance reform,
191
,
193
; on succession law,
180

Agnes, Flavia: on adultery as grounds for divorce,
154
; on changes in Hindu law,
101–102
; on cruelty as grounds for divorce,
148–149
; on desertion as grounds for divorce,
159
; on judicial view of choice of residential location,
172
; on polygamy and maintenance rights,
177
; on women’s rights,
132–133

Ahmad, Naziruddin,
97
,
220

Ahmedabad Women’s Action Group (AWAG) v. Union of India
(1997),
251

Algeria, regime, coalitions and limited reform in,
47–48
,
57
,
71
,
77

Ali, Begum Sharifa Hamid,
212
,
223
,
240
,
293n61

Ali, Subhashini,
193

alimony.
See
maintenance rights

All India Anna Dravida Munnetra Kazhagam (AIADMK),
188
,
301n3

All India Catholic Union (AICU),
226
,
228
,
229
,
231

All India Muslim (Jadeed) Personal Law Board,
223

All India Muslim Personal Law Board (AIMPLB),
86–87
,
211
,
221–226
,
244