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MARRIAGE AND KINSHIP
[C] KINSHIP
SYNOPSIS
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MARRIAGE AND KINSHIP
[C] KINSHIP
I] MEANING OF KINSHIP
II] TYPES OF KINSHIP
1) Affinal Kinship
2) Consanguineous Kinship
III] DEGREES OF KINSHIP
1) Primary Kin
2) Secondary Kin
3) Tertiary Kin
IV] KINSHIP TERMS
1) Classificatory System
2) Descriptive System
V] KINSHIP USAGES (AVUNCULATE, AMITATE, COUVADE, ETC.)
1) Avoidance (Purdah / Veil System)
2) Joking Relationships
3) Teknonymy
4) Amitate
5) Couvade
VI] SOCIOLOGICAL & LEGAL LANDMARKS (INDIAN CONTEXT)-
1) Legal Fictio of Adoption (Consanguinity vs. Social Kinship)-
2) Evolution of Affinal Kinship Rights (Protection of Women)-
3) Constitutional Dilution of Regressive Kinship Usages
MARRIAGE AND KINSHIP
[C] KINSHIP
I] MEANING OF KINSHIP
Man is a social animal; he does not live in isolation. From birth to death, an individual is surrounded by a network of people. Some of these individuals are relatives, some are friends, and others are strangers. The bonds based on blood and marriage may be close or distant. The system of social ties based on blood (consanguinity) or marriage (affinity) that binds people together into a social group is called kinship.
According to the Dictionary of Anthropology:
"The kinship system includes socially recognized relationships based on both supposed and actual genealogical ties. These relationships result from social interaction and are recognized by society."
In sociological terms, kinship is not merely a biological fact but a cultural artifact. It defines roles, responsibilities, inheritance, and social solidarity within a community.
II] TYPES OF KINSHIP
Kinship is broadly classified into two major categories:
1) Affinal Kinship
The bond created through marriage is called affinal kinship. When an individual marries, they establish a legal and social relationship not only with their spouse but also with the spouse's entire family network.
Examples: A bride becomes a wife and simultaneously establishes relationships with the bridegroom’s family, becoming a daughter-in-law, sister-in-law (devrani/jethani), or aunt. Similarly, the groom becomes a son-in-law and brother-in-law (saala).
2) Consanguineous Kinship
The bond based on biological descent or blood is called consanguineous kinship. Consanguineous kin are related through a common ancestry.
Examples: The bond between parents and their biological children, as well as between siblings (children of the same parents), is consanguineous. This includes sons, daughters, brothers, sisters, paternal uncles, nephews, and nieces.
The Concept of 'Supposed' Blood: Blood relationships can be actual or socially constructed/supposed. For instance, an adopted child is legally and socially integrated into the family, enjoying the same status as a biological child.
III] DEGREES OF KINSHIP
Based on biological and social nearness or distance, relatives are classified into distinct structural degrees. Renowned anthropologist G.P. Murdock (incorrectly referred to as "Dr. Duis" in older texts) classified these into three primary categories in his seminal work Social Structure (1949):(Primary Kin: e.g., Father) ─── (Secondary Kin: e.g., Fat
1) Primary Kin
These are relatives who are directly and immediately related to an individual without any intermediary. Murdock identified 8 types of primary kin:
a. Affinal: Husband-Wife.
b. Consanguineous: Father-Son, Father-Daughter, Mother-Son, Mother-Daughter, Brother-Brother, Sister-Sister, and Brother-Sister.
2) Secondary Kin
Secondary kin are the primary kin of an individual’s primary kin. They are separated from the individual by one intermediary relationship. Murdock identified 33 types of secondary kin.
Examples: Father’s father (grandfather), father’s brother (paternal uncle), mother’s brother (mama), or a sister’s husband.
3) Tertiary Kin
Tertiary kin are the primary kin of an individual's secondary kin, or the secondary kin of their primary kin. There are 151 types of tertiary kin.
Examples: The wife of a brother-in-law, the brother-in-law of a brother, or great-grandparents.
IV] KINSHIP TERMS
Kinship terms are linguistic designations used to address or refer to different types of kin. Anthropologist Lewis Henry Morgan broadly classified these terms into two systems:
1) Classificatory System
Under this system, a single term is used to designate various types of kin who hold different genealogical positions. The specific differences are ignored, and they are clustered into one category.
Example: The English term “Uncle” is classificatory, as it is uniformly used for a paternal uncle (chacha), maternal uncle (mama), mother’s sister’s husband (mausa), and father’s sister’s husband (foofa).
2) Descriptive System
Under this system, a specific term refers to only one precise relationship, describing the exact biological or social connection between two individuals.
Example: Terms like "Father" or "Mother" are descriptive because they apply strictly to one unique relationship. Similarly, in traditional Indian languages, terms like mami, kaka, or bhanja function descriptively compared to their English counterparts.
V] KINSHIP USAGES (AVUNCULATE, AMITATE, COUVADE, ETC.)
Kinship usages dictate the behavioral patterns, social norms, and obligations expected between specific relatives.
1) Avoidance (Purdah / Veil System)
Avoidance mandates that certain relatives maintain physical distance, restrict direct conversation, or completely avoid visual contact to prevent friction or maintain moral boundaries.
Example: The relationship between a father-in-law and a daughter-in-law in traditional rural Hindu and Islamic households (often manifested through the purdah or ghoonghat system).
2) Joking Relationships
The polar opposite of avoidance, this usage permits specific relatives to tease, joke, flirt, or make fun of each other without cause for offense. It serves as a social safety valve to ease relational tensions.
Example: The lighthearted relationship between a man and his wife’s younger sister (saali) or a woman and her husband’s younger brother (devar).
3) Teknonymy
Derived from the Greek words for "child" and "name," teknonymy is the practice of addressing a relative not by their direct name, but by their relationship to a child.
Example: In traditional Indian households, a wife avoids speaking her husband's name directly due to cultural taboos. Instead, she refers to him as "Guddu ke Papa" (Guddu's father).
4) Amitate
When a special, privileged, or authoritative role is assigned to the father’s sister (paternal aunt), it is known as amitate. In societies practicing amitate, the paternal aunt often holds a status superior to or more revered than the biological mother, wielded heavily in marital negotiations and ceremonial rituals.
5) Couvade
A unique, symbolic ritual found among certain indigenous groups globally (and historically among tribes like the Khasi of Meghalaya and the Toda of the Nilgiris). When a wife goes into labor and gives birth, the husband also takes to his bed, mimics labor pains, refrains from vigorous work, and consumes a restricted sick diet. This psychological and cultural practice reinforces paternal responsibility and publicizes biological/social fatherhood.
VI] SOCIOLOGICAL & LEGAL LANDMARKS (INDIAN CONTEXT)-
To understand how kinship functions in a modern legal context, the following legislative principles and judicial precedents are crucial:
1) Legal Fictio of Adoption (Consanguinity vs. Social Kinship)-
As noted under Section II, an adopted child transforms from a stranger into a legally recognized consanguineous kin.
Statutory Law: Under Section 12 of the Hindu Adoptions and Maintenance Act (HAMA), 1956, an adopted child is deemed to be the child of his or her adoptive father or mother for all purposes from the date of adoption, severing all ties with the natural family.
Important Case Law: Basavarajappa v. G.V. Siddappa (2015) 12 SCC 314 The Supreme Court of India reiterated that upon adoption, a child loses all rights of inheritance in their biological family and replaces them with corresponding rights in the adoptive family, legally formalizing "supposed" kinship into absolute legal consanguinity.
2) Evolution of Affinal Kinship Rights (Protection of Women)-
Affinal relationships historically left women vulnerable to domestic exploitation by the husband's extended family.
Statutory Law: The Protection of Women from Domestic Violence Act, 2005 (PWDVA) legally protects women within a "shared household" from abuse by affinal relatives (such as the devrani, jeth, or mother-in-law).
Important Case Law: Sandhya Wankhede v. Manoj Bhimrao Wankhede (2011) 3 SCC 650 The Supreme Court conclusively ruled that the term "respondent" under the Domestic Violence Act is gender-neutral and includes female relatives of the husband, ensuring women can seek protection against abusive affinal kin.
3) Constitutional Dilution of Regressive Kinship Usages
While kinship usages like Avoidance (Purdah) are cultural, they cannot infringe upon constitutional fundamental rights.
Important Case Law: Charu Khurana v. Union of India (2015) 1 SCC 192
The judiciary affirmed that patriarchal cultural practices and restrictive customary norms cannot override patriarchal limits, guaranteeing gender justice and equality (Article 14 and 21) over outdated, regressive kinship codes.
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