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FAMILY AND KINSHIP[1]

Table of Contents

FAMILY

QUESTION BANK

Q.1. Define the ‘family’ and discuss various types of families.

Q.2. Define the ‘family’ and describe its features.

Q.3. Explain the evolution of the institution of the family.

Q.4 Explain the types of the family based upon lineage, authority, structure, and Location.

5. Discuss the modern concept of ‘Maitri Sambandh’ with reference to decided cases.

Q.6. Define ‘Family’. Discuss in detail the evolution of the family.

SHORT NOTE

Matrilineal joint family.

SYNOPSIS

I] Meaning

II] Definition

1) Clare

2) Mac-Iver

3) Burgess and Locke

III] Origin of the family

1) Theory of Sex Communism

2) Patriarchal theory

3) Matriarchal Theory

4) Theory of polygamy

5) Multi-Factor Theory

IV] Characteristics of family

1) A mating relationship

2) Marriage

3) Nomenclature

4) Economy

5) Common habitation

V] Types of families

A) On the basis of authority

1) Patriarchal family

a) Wife comes to Live in husband’s house
b) Male head
c) Reckoning of decent
d) Succession

2) The matriarchal family

a) Female head
b) Reckoning of descent
c) Marriage relations are transient
d) Succession
B) On the basis of structure

1) Nuclear family

2) Extended family

C) On the basis of residence

1) Partrilocal family

2) Matrilocal family

D) On the basis of marriage

1) Monogamous family

2) Polygamous family

3) Polyandrous family

E) On the basis of ancestry

1) Matrilineal family

2) Patrilineal family

VI] Functions of the family

A) Essential functions of family

1) Satisfaction of sex need.

2) Reproduction of children.

3) Providing minimum basic facilities.

B) Non-essential functions of the family

1) Economic

2) Religious

3) Social

4) Educational

5) Health

6) Cultural 7) Recreation

VIII] Changing family system

-Suggestions for reconstruction of family.

1) Better marriage 2) Mental Adjustment 3) Religious control

I] MEANING:-

The family is a very important primary group in society. Some of the other forms of a family have been in existence since the beginning of human history. The human infant as a mammal[2] must have been nourished on milk and taken care of for its survival. The family consists of a mother and father and other persons associated with it.

The English word ‘family’ is derived from the Latin word ‘familia’, meaning a ‘household’ that also includes servants, slaves, and others. Ordinarily, it means the body of persons, the parents and the children who live in one house and under one head.

II] DEFINITION:-

Following are some of the definitions of the family.

1) Clare-

“Family is a system of relationships existing between parents and children”.

2) Mac-Iver defined.

“The family is a group defined by a sex relationship sufficiently precise and enduring to provide for the procreation[3]and upbringing[4] of children”.

3) Burgess and Locke define:

‘Family as a group of persons united by the ties of marriage, blood or adoption consisting of a single household[5], interacting[6] and interconnecting in their respective social roles of husband and wife, mother and father, son and daughter, brother and sisters, creating a common culture.”[7].

III] ORIGIN OF FAMILY:-

Family is found in every human society. One or the other form of family system has existed for ages. Therefore, it is very difficult to trace the historical growth of the concept of family and to determine whether family originated from marriage or whether marriage originated from family. The following theories narrate how the concept of marriage and the institution of family would have originated.

1) Theory of Sex Communism[8]:-

According to this theory, man and woman, without any restriction or hindrance, met each other for sexual purposes. Offering a wife or daughter to a guest was considered a sign of hospitality[9]. However, this theory is not very much acceptable.

2) Patriarchal Theory[10]:-

Plato, Aristotle, and Sir Henry Maine were followers of this theory. They believe that the family started with the authority of the patriarch (father). However, this theory is also not very acceptable.

3) Matriarchal Theory[11]:-

According to Darwin, Zukerman, and Malinowski, at the beginning of society, powerful male members considered it their dignity and honor to possess a female. This system gradually received social recognition and subsequently became the basis of the family.

4) Theory of Polygamy[12]:-

According to Darwin, Zukerman, and Malinowski, at the beginning of society, powerful male members considered it their dignity and honour to possess a female. This system gradually received social recognition and subsequently became the basis of the family.

5) Multi-Factor Theory[13]:-

According to modern sociologists, the concept of marriage and the institution of the family gradually evolved due to the effects of different factors, such as sex, procreation, desire for permanent cooperation, need for offspring to perpetuate family, economic needs, etc.

IV] CHARACTERISTICS OF FAMILY:-

From the above definitions, the following characteristics of the family can be deduced, namely.

1) A mating Relationship[14]:-

A family comes into existence when a man and a woman establish a mating relationship between them. This relation may be of shorter duration or lifelong. When these relations break up, the family disintegrates.

2) Marriage:-

A family presupposes the institution of marriage. It may take any form, such as an arranged or love marriage.

3) Nomenclature[15]:-

Every family is known by a name and has its own system of reckoning descent. Descent may be reckoned through the male line or through the female line.

4) Economy:-

Every family needs an economic provision to satisfy its economic needs. The head of the family carries on a certain profession and earns money to maintain the family.

5) Common Habitation[16]:-

A family requires a home or a household for its living. Without a dwelling place, childbearing and child breeding cannot be adequately maintained.

V] TYPES OF FAMILIES:-

Families can be divided into the following bases.

A) On the basis of authority. (Patriarchal Family/ Matriarchal Family):-

On the basis of authority, families may be classified into the following two-

1) Patriarchal Family[17]:-

Under the Patriarchal family, the male head possesses all powers and is in a dominating position. He is the owner and administrator of the family property and other rights. All persons living in the family are subordinate to him. He presides over the religious rites[18] of the family; he is the guardian of the ‘family Gods’. In other words, he is the family father or the eldest male descendant.[19]These types of families were prevalent among the Hebrews, the Greeks, the Romans, and the Aryans of India.

Following are some of the main characteristics of this type of family.

a) Wife Comes to Live in Husband’s House:-

The wife, after marriage, comes to live in the home of the husband.

b) Male Head[20]:-

The male is the head of the family. Generally, the father is the supreme lord of the family. He enjoys full power over the family members and is responsible for the ownership and management of the property.

c) Reckoning of Descent[21]:-

The descent of the family is reckoned through the father’s side. The children are known by the name of the family of their father.

d) Succession[22]:-

The succession rule favours the sons. The sons inherit the property of their father. Even though recent legislation has made provisions for women’s succession,

2) The Matriarchal Family[23]:-

Many sociologists prefer to call it a ‘Maternal Family’ rather than a ‘Matriarchal Family’. In a Matriarchal Family, the authority vests in the woman as head of the family, with the male being subordinate. It is vice versa in the patriarchal family. In a Matriarchal Family, the woman is the owner of the property and rules over the family. But there are doubts as to whether such a sort of family system existed in history or not.

Characteristics of the Matriarchal Family:-

a) Female Head:-

The female head manages the affairs of the family and enjoys full power over the members. Males are subordinate to her.

b) Reckoning of Descent:-

The descent of the family is reckoned from the mother’s side.

c) Marriage relations are Transient[24]:-

Marriage relations in this type of family are transient. The father is sometimes merely a casual visitor.

d) Succession:-

Property is transferred through the mother, and only females can succeed.

The Matriarchal Family is said to have prevailed among the primitive peoples who led a wandering or hunting life. For hunting purposes, the father used to stay out, and all responsibilities were to be performed by the wife. Hence, she came to possess authority in the house. However, there is no conclusive evidence as to the existence of the Matriarchal Family system. Merely the stray evidence of Britain’s Queen that she ruled Britain and reckoning of descent starts after her name cannot be called as clinching evidence as to the existence of the Matriarchal Family.

B) On the basis of Structure:-

On the basis of structure, the family has been classified into nuclear and extended families.

1) Nuclear Family[25]:-

A nuclear family is one that consists of the husband, wife, or wives and their children. It is a small family in which the children leave the parental households as soon as they are married. He creates a separate residence and family there. The American family is an example of a nuclear family.

2) Extended Family (joint family)[26]:-

An extended family is the merger of several nuclear families. Thus, a small extended family may include some generations e.g. an old man and his wife, their son, the son’s wife, and the son’s children. The large extended family may include the old man and his wife’s, their married sons and unmarried children, etc. The Hindu family is an example of the extended family.

C) On the Basis of Residence:-

On the basis of residence, the family may be classified as

1) Partrilocal Family:-

In this kind of family, the wife lives in her husband’s house.

2) Matrilocal Family:-

In this type of family, the husband goes to live in his wife’s house.

D) On the Basis of the Marriage:-

On the basis of the marriage, the families can be classified as

1) Monogamous Family:-

In this type of family, one man is allowed to have only one woman, and neither of them is allowed to have more than one wife at any stage.

2) Polygamous Family:-

In this kind of family, one man marries many women at the same time.

3) Polyandrous Family:-

In this kind of family, one woman marries many men and lives with all of them or with each of them alternatively. The only example of this type of family found in Hindu scripture is Panchali (Mahabharata).

E) On the Basis of Ancestry[27]:-

Based on ancestry, the family is classified into-

1) Matrilineal Family:-

In the matrilineal family, a mother is the basis of ancestry. A woman is believed to be the family’s ancestor. The rights of each family member depend on his relation to the woman.

2) Patrilineal Family:-

In the patrilineal family, ancestry continues through the father. This is the most common type of family.

VI] FUNCTIONS OF THE FAMILY:-

Functions of the family may be divided into:-

A) Essential Functions of Family:-

The following functions can be called the essential functions of the family.

1) Satisfaction of Sex Needs:-

Satisfaction of sex and instincts is one of the essential functions of a family.

2) Reproduction of Children:-

The reproduction of children is an important function of the family. It includes taking care of the children and raising them well.

3) Providing minimum basic Facilities:-

It is the responsibility of the head of the family to provide some minimum basic facilities to the members of the family, namely, food, shelter, clothing, etc.

B) Subsidiary Functions of the Family:-

The non-essential functions of the family are cited below.

1) Economic:-

Family serves as an economic unit. In the traditional family system, most goods for consumption were made at home. The members of the family were all engaged in the family industry. Hindu joint families are the best example of this, as the joint family business is carried on for the family’s good.

2) Religious:-

Family is the centre of the religious training of children who learn from their parents’ various religious virtues.

3) Social:-

Family is the centre of all social activities. The family to which the man belongs determines his status. Family observes abidance of social and moral norms by its members.

4) Educational:-

Family is the first school for a child, and every child learns in family through imitation of his superiors.

5) Health:-

The family is responsible for caring for all its members’ health. It also cares for its sick members and looks after their medical treatment.

6) Cultural[28]:-

The family must see that its members are moulded according to their culture and cultural heritage.

7) Recreation (entertainment)[29]:-

The old family provided recreation for its members. They used to sing and dance together and visit family relatives.

VII] CHANGING FAMILY SYSTEM (Modern Family):-

The institution of family is changing rather than disintegrating in modern times. Divided homes and the emerging concept of Mitru sambandh are the problems of the modern age in all countries.

Divided Homes:-

The striking problem that confronts the modern family is its instability. The traditional family was a stable type of family whose dissolution was rarely thought of and was not very easy. Women outside the family had no refuge. The profession of the family was fixed, and this was continued by succeeding generations. Social mobility was slight. But today, it has all changed. The control of the family over its members has decreased. The younger generation does not like any interference from their elders. There is a lack of unity among the family members. Faith in one another is decreasing. The problems of working women have hindered the development of children and increased conflicts between husband and wife. There is a lack of mutual trust. The marriage bonds have weakened. The ancient ideal of fidelity[30] in sex-relationship has been adversely affected. Premarital and extramarital relationships have increased. There is sexual disharmony between husband and wife. There is no longer any family craft[31] or profession. The members of the same family are engaged in different pursuits[32], one in service and the other in business. The Increase of specialised agencies has greatly diminished common participation, which was the backbone of traditional families. Members of the modern family take more interest outside the family. They take meals in hotels, spend their nights in clubs, and return home for a very short period. To women, marriage is not the only career open. They work in factories and offices and earn an independent living. The modern family has shrunk structurally[33] and functionally and is gradually losing its primary character. If people find their education, work, and recreation outside the family and women can get jobs that make them independent, surely the charge of a broken home (divided home) can be there in modern families.

Emerging Concept of Mitru Sambandh[34]:-

Another important problem of the modern age is the increasing concept of mitru sambandh, i.e. staying together by a male and a female as a friend without marriage. This is a very unstable form of family. Perhaps we may not call it as a family. European countries are the worst affected by it. European countries have become largely materialistic[35] In speedier developing societies, people love to live single lives, and they don’t want to live under the bond of marriage. Great economic instability also contributes to the increase in such relations. The present statistics show that 20% of women became mothers in Australia out of such friendship relationships without marriage. America and England are nonetheless worse than Australia. Though we don’t notice the growth alarmingly in India, it has no doubt started in major cities. Indians are always pleased to follow Western patterns of behaviour. This system is a disaster. The behaviour shakes the age-old family system into pieces. It will greatly harm society if it becomes a normal practice. The family is a very useful institution for the development and stability of society; rather, it is one of the characteristics that distinguishes man from other animals. It creates several problems like mental depression, instability in society, child care and nourishment[36], sex in teenagers, etc.

The Chandigarah High Court recently validated mitru sambandh in Payal Sharma’s Case (2001). The court held that ” a man and a woman living together without marriage, though immoral, is not illegal.” In other words, though it seems immoral, mitru sambandh is legal. Thus, this case also shows that law and morality are different things. What is immoral should necessarily not be illegal.

Suggestion for Reconstruction of Family:-

To regain the old type of family the following suggestions can be made.

1) Better Marriage:-

Marriage is an important social institution. Marriage is an institution admitting men and women to family life. Poor marriages concluded hastily without careful and mature thought are one of the chief causes of family discords leading to divorce. Many boys and girls fell in love without considering other factors. Careful thought for a period of time, consideration of temperaments and family backgrounds is essential before making the choice of the mate.

Marriage is to be considered not as an expression of purely sexual urge but as a social safeguard. The family is to be considered not merely a partnership but an institution socially necessary and sacred.

2) Mental Adjustment:-

If family is not to suffer, every attempt is to be made to bring about an adjustment of attitudes between the couple. If the mental discord and frustration are to be avoided, there must be greater general understanding of the realities of the sex, life and divorce should not be viewed as an automatic solution for every disharmony[37] in the family.

3) Religious Rites[38]:-

Religious rites hold importance in many religions specifically among Hindus. Marriage under Hindu Law is a sacrament[39], being based upon a sacred religious ceremony. Marriage performed with the recitation of the mantras (Vedic Texts), was treated as un-dissolvable. Courts in different rulings have held that saptapadi is necessary for a Hindu marriage. S.7 of The Hindu Marriage Act. 1955, provides that for the solemnisation of Hindu Marriage, customary rites and ceremonies are to be performed. It further lays down that Kanyadana and Saptapadi are essential ceremonies for a Hindu marriage. There are a number of other ceremonies required to be performed in marriage, such as Vad-Nischaya Muhurta, Sankalpa, Bridegroom’s promise, Kankana Bandhana, Great Homa, Gruhapravesa Homa, etc. All these ceremonies hold importance in Hindu marriage for creating seriousness and fidelity[40] in marriage.

In Mahila Gumani V/s Ram Dayal[41]

Court Held- that if parties to marriage do not observe any ceremonies whatsoever, there is no valid marriage. The modern family is secular in attitude. The religious rites of the traditional family, such as early prayer, Yagya, etc., are no longer performed in modern families. Through religious rituals, the couple gets serious about their marriage. They get the belief that they are made for each other. Saptapadi, (seven steps around sacred fire), makes the couple believe that they will have to stay together for the next seven births. These beliefs help them better understand each other.

Marriage under Muslim law provides for simple ceremonies. Since marriage under Muslim Law is a contract, it requires the proposal of marriage made by or on behalf of one of the parties to marriage and acceptance by or on behalf of the other at one and in (or at) the same meeting. Kazis or Mullas solemnise marriages in Muslims. No special religious rites are required for the solemnisation of Muslim marriage.

Under Parsi Law, the ceremony of ashirvada should be performed by a Parsi priest in the presence of two Parsi witnesses. The priest must register the Parsi marriage, and a certificate is necessary.

Among Christians, marriage is to be performed by authority. Three sets of authorities are provided for the solemnization of marriage: the Minister of religion, marriage registrars, and persons licensed to solemnize a marriage. They require performing some procedural requirements for the solemnization of marriage, such as giving notices to the intended parties of the marriage, publishing those notices, and declaring the marriage.

These, ceremonies in the performance of marriage are very important to create seriousness about marriage and keep spouses together. Marriages have also become a contract rather than a religious sacrament. It can be broken at any hour. So, the need has been felt to bring religious rituals and practices into modern marriages to strengthen marital relations.

*****

[1] कुटुंब व नातेसंबंध [परिवार और रिश्तेदारी]

[2] सस्तन [सस्तन प्राणी]

[3] जन्म देणे [प्रसव]

[4] वाढवणे

[5] घर

[6] सुसंवाद

[7] Arnold Green “Family is the institutionalize social group charged with duty of population replacement”

According to Ellott and Merrill “family is the biological social unit composed of husband, wife and children”.

Census of United States of America defines “A family is a group of two or more persons related by blood, marriage, or adoption and residing together, all such persons are considered as members of one family”.

Davis defines “Family is a group of persons whose relations to one another are based upon consanguinity and who are, therefore, kin to another”.

[8] लैंगिक संबंधासाठी एकत्र [सेक्स साम्यवाद का सिद्धांत]

[9] आदरतिथ्य

[10] पितृसत्ताक सिद्धांत

[11] मातृसत्ताक सिद्धांत

[12] बहुपत्नित्व

[13] बहुआयामी सिद्धांत

[14] लैंगिक संबंधासाठी एकत्र [सेक्स साम्यवाद का सिद्धांत]

[15] घराण्याचे नाव [नामपद्धति]

[16] एकत्र अधिवास [सामान्य आवास]

[17] पितृसत्ताक [पितृसत्तात्मक परिवार]

[18] विधी [धार्मिक संस्कार]

[19] वंषज [पुरुष वंशज]

[20] पुरुष प्रमुख [पुरुष प्रधान]

[21] वंषाची ओळख [वंश की गणना]

[22] वारसाहक्क [उत्तराधिकार]

[23] मातृसत्ताक कुटुंब [मातृसत्तात्मक परिवार]

[24] तात्पुरता [क्षणिक]

[25] केंद्रित/विभक्त कुटुंब [एकल परिवार]

[26] एकत्रित कुटुंब [संयुक्त परिवार]

[27] वंशावळी [वंशावली]

[28] सांस्कृतिक [सांस्कृतिक]

[29] मनोरंजन [मनोरंजन]

[30] एकनिष्ठाता/विश्वास [सत्य के प्रति निष्ठा]

[31] हस्तकला [पारिवारिक शिल्प]

[32] व्यवसाय

[33] आकुंचन रचनात्मक दृष्ट्या [संरचनात्मक रूप से]

[34] मैत्री संबंध

[35] भौतिकवादी

[36] पोशण [पोषण]

[37] मतभेद [बेसुरापन]

[38] धार्मिक विधी [धार्मिक संस्कार]

[39] पवित्र [धर्मविधि]

[40] विश्वास [सत्य के प्रति निष्ठा]

[41](1953 MB 159)

In Dr. N.A. Mukerji v. State,(AIR 1969 All. 489),

Facts- a physician was prosecuted for bigamy by W. She alleged that she married him thrice, firstly before the moon, secondly in Kali Temple by exchange of garland after taking seven steps and thirdly as an imitation of sikh marriage before Guru Granth Sahib.

It was held that- such mock ceremonies will not constitute a valid marriage. Hence, the prosecution for bigamy has failed in the absence of proof the marriage based upon valid ceremonies.