Beruflich Dokumente
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RESEARCH
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VOL 23 NO2 NOVEMBER 2003
Vol. 23(2): 115134; 034681
Copyright 2003
SAGE Publications
New Delhi,
Thousand Oaks,
London
Introduction
Custom, as a source of law, sits uneasily with the positivist lawyer. When the
judge applies customary rules, the priority of written law is questioned and, with
it, so is the differentiation between the making of the legal rules and their
application. In many legal systems, however, there are some areas where, in the
absence of any written law, customs are recognized as the principal source of law.
Hence custom is a permanent subject of debate, raising the question of how to
achieve the translation of facts into law. Countries which were, or still are, under
colonial influence are characterized by the coexistence of the imported rule with
the native legal system, often called customary law. There, custom is simply the
non-written law of native people.
In India first the Mughals, then the British added their regulations to the local
customs and to the Brahman tradition without annihilating each other. Thus, in
India, ancient principles of justice, customs and western institutions coexist in an
uneasy legal pluralism. This multi-layered legal system is particularly apparent
nowadays in rural justice-making where conflicts between state and traditional or
116 South Asia Research Vol. 23 (2)
or in the nearby town of Pohri. Brahmans were the first to have benefited from
these outside jobs but thanks to the policy of reservation, the Untouchables are
more frequently appointed to government posts. Thus strategies of social ascent
combine or alternate with the rediscovering of backward origins and the
adoption of Sanskritized traditions such as vegetarianism, dowry and the non-
sanctioning of divorce and remarriage.4 Piparsod has gradually become more
urbanized, which keeps provoking conflicts between urban culture and traditional
rural thinking. Significantly enough, however, this conflict has rarely led to the
traditional customs completely disappearing, but instead to their revival and
renewal, with new social expectations; often perpetuating typical inequalities but
sometimes offering new and peculiar tools of action.
Political life is developing remarkably. Piparsod experienced a concentration of
local power in the hands of one Brahman for a long time. However, the
improvement in the financial situation of the lower castes and the reservation
policy has helped the latter to become more involved in politics and to gradually
gain power in the village. Closer contacts with national parties have led to the
forming of a new class of politicians whose influence is linked with broader
campaigns at a national level. Political leaders, linked to national parties, are
jeopardizing the social status of the buzurg (elders, or experienced people) whose
families have been held in esteem for as long as anyone can remember in the
village. At present a shift of power from the old to the new generation of buzurg
seems to be occurring and this situation may present a good opportunity to
observe the evolution of the political leaders strategies that are aimed at winning
the populations support. The family and the caste, together with a comfortable
life, are no longer the only ingredients for success in the political life of the
village. This became clear in 1994 in the election of the statutory panchayat,
whose winner, a Brahman of the BJP (Bharatiya Janata Party, or Hindu
Nationalist Party), had to ally himself with the Untouchables to get the majority
of votes.
When I first arrived in the village at the end of 1995, it was almost two years
after the statutory panchayat elections, which defeated the ancient head, a
Brahman, who had been in charge for almost 40 years. People in the village still
acknowledged his influence and were uncertain about following their new council
head who was promising benefits and facilities for the community. The competi-
tion between the old and the new leaders was immediately reflected in the
administration of the system of justice, sometimes causing a clash between official
and traditional jurisdiction. Both of them were operating in the village and both
of them were alleging the inefficacy of the other. The boundaries between
statutory and traditional jurisdiction were blurred and offenders were sometimes
doubly sentenced by the state and the village councils. Hence it was a good
opportunity to observe how the new values were to be introduced and how they
would affect social relationships.
The following data was collected through interviews recorded during a seven-
month period between October 1995 and April 1996. I did not choose a key
informant, and the more collaborative persons among the people involved in the
dispute-settlement became the principal reference for my inquiry. The interviews
118 South Asia Research Vol. 23 (2)
accounts of the major recent crimes in Piparsod. The more he spoke, the more he
seemed to be transported by his own words, forgetting his worries and showing an
unexpected criticism toward high castes and orthodox Hindus. Sarvan Lal pointed
out the peculiar relationship between Piparsod and a little town on the Ganges
river, where the peasants go on pilgrimage in order to bring the ashes of their
deceased relatives or, for expiating their sins in execution of the decision upheld
by traditional law. This information allowed me to extend the research to the
execution of traditional jurisdiction and to discover the legal features of the ritual
pilgrimages on the Ganges.
Thus my fieldwork ended in Soron, a little town of Uttar Pradesh, with all
the appearance of a village. The latter is famous for being a pilgrimage site, as
attested to by Kanes History of Dharmashastra where it is cited by the name of
Sukara (Sk. Sukar or boar).5 According to the inhabitants accounts, Soron, the
third avatar of Vishnu, was born in Ukala (present-day Soron) in the guise of a
boar in order to defeat the demon Hiranyaksha, who sent Pritvi (the earth) into
the bottom of the ocean. Hiranyaksha, who was killed by the boar, reached
deliverance in Ukala on the second day of the funerary rituals in the second
fortnight of the lunar month. Hence, Soron owes its fame to the fact that corpses
would become dust on the day after their arrival in the town. At the time of my
visit the life of this little town was regulated by the arrival of the buses that were
bringing the pilgrims who wanted to perform the sacred ritual of death or
expiation. Thus, as a pilgrim myself, I could meet some of the Brahmans who
belong to a 400-year-old line of ritualists maintaining a purohitjajman (family
priestsacrificer) relationship with the people of Shivpuri district.6 This was an
unexpected experience of participant observation culminating with a ritual bath in
the Ganges river, which allowed me to add some important insights to the study
of justice in rural India.
towns has been pointed out both by anthropologists and lawyers rightly lamenting
the lack of adequate studies in these matters.11 As will become evident in the
following case studies, the reinterpretation of customs following the innovations of
post-independence India makes sense at the village level. In the absence of a
detailed governmental programme, the statutory panchayats initially modelled
themselves on the customary panchayats. Their lack of legitimation in the eyes of
the villagers, however, imbued these government bodies with an overall sense of
failure, and only recently have they begun to gain the trust of the lower castes
who are being empowered on account of their importance as potential electors.
Case Studies
The commonality in the cases I have recorded is the fact that they have been
extensively debated in the village. The first case, involving the repudiation of a
young wife from the Untouchable caste, shows in particular the recent empower-
ing of the lower castes in the village. It is also a good example of the
reinterpretation of customary principles and procedures of justice in the light of
the new democratic values of the statutory panchayats. The case of the killing of a
cow (here, a calf ) highlights the close link between religion, social status and
financial matters. This case points out how something that would be perceived by
the state as an offence of animal rights is considered in the village as an
opportunity for inter-castes rivalries to legitimately resurface. It shows the peculiar
social fragility of Brahmans who, being expected to still be the example of
righteousness in the village, are torn between the efforts to maintain their status
and the contingent needs of contextual convenience. The case of the Brahman
who killed his wife is an example of the difficulty in implementing the uniform
territorial law: after 10 years imprisonment, the murderer and all of his family
were still excluded from the community and even the performance of the
expiatory rites did not allow them to be reintegrated into the caste. The case
studies conclude with a collective murder: a case that was never overtly mentioned
in Piparsod for fear that the walls might hear. It discloses how the power
relationships in the village are balanced between the caste as a self-governing body
and the dominant groups wanting to preserve the villages morality and through it
perpetuate their own pre-eminent position. It also clarifies the notion of personal
law within the custom itself and in relation to the different communities of the
village.
An Untouchables Matter
The case of a young Chamar woman,12 apparently dismissed by her husbands
family over a question of dowry, would have been ignored in Piparsod, had her
father not had the courage to bring his case to the head of the statutory
panchayat. The young woman had been staying at her parents house for two
years already and she was the subject of gossip in Piparsod. Everybody knew that
she had been dismissed by the husbands family and was sent back to the village
khal kapron men (with only the clothes that she was wearing). Her son, a few
months old at the time of the repudiation, was being brought up by her mother-
122 South Asia Research Vol. 23 (2)
in-law. After two years, a solution had to be found because the parents feared that
their daughter might be kidnapped. This expression, however, should not be
taken literally: following an agreement with another man, the womans escape,
sometimes in the form of a staged kidnapping, is a customary practice which
formalizes at the same time a customary divorce and a subsequent remarriage.
Such a custom is widespread in many rural areas and has been detailed in legal
and anthropological studies which have highlighted, sometimes incidentally, its
potential as a way of balancing gender inequality and, consequently, the necessity
to explore it further in the peculiar context of South Asia.13 Modern Hindu law
(Sec. 29, Hindu Marriage Act) and recent Indian jurisprudence even recognize the
validity of customary divorce in specific circumstances, but was official law in this
particular case an obvious reference point for the people involved?
There were two possibilities: either the woman could remarry, or go back to
her husbands family and accept her status as daughter-in-law at the mercy of her
mother-in-law. No similar case had ever aroused such turmoil as none of the
possible solutions necessitated official law and in many cases not even a formal
panchayat gathering, let alone the involvement of a Brahman, head of the
statutory panchayat. Customary divorce should not have been a problem among
Chamars, well known for not sharing the Brahmanic principle of the sacrality and
indissolubility of marriage. However, the contingent social and political situation
in the village, where the Chamars wanted to please their political ally, the
Brahmans, would have made customary divorce inconvenient. The second option,
on the other hand, was not an acceptable alternative for the young woman,
because she did not want to give up the freedom that she had regained at her
parents house.
The young mans parents, feeling that the young womans parents had not
given enough at the time of the wedding, were harassing her with impossible
demands. The first-born, being a boy, should have made the parents-in-law happy,
but instead they took the opportunity to demand that the girls family should
offer jewels and money on the occasion. Thus, to force the young womans parents
to comply with their demand, they sent her back and kept the baby. Time had
passed, but the father who feared he would fall into disrepute because of his
daughter, could not reach a decision. Threats from the familys in-laws became so
serious that the father started to go around the village in order to get support. On
the other hand, the in-laws were seen several times in Piparsod to be telling
everybody that it was not their fault that their young daughter-in-law had gone
back to her parents house. They said that they had always treated her properly
and that no questions had been asked about the dowry, even though the brides
parents had not been very generous at the wedding. Finally, the caste panchayat
met in the Chamar ward, inviting the young mans parents to participate. After a
meal, the in-laws admitted their fault and a compromise was reached: the bride
was to go back to her husbands family and no more demands were to be made
about the dowry.
A slightly different version of the same story was given by Shiv Narayan
Sharma, the head of the statutory panchayat, who claimed that he was responsible
for the resolution of the case, making no mention of the caste panchayats
Holden: Custom and Law Practices in Central India 123
decision. Indeed, the brides father, in an attempt to prevent any further demands
from the husbands family, had asked for the support of the head of the statutory
panchayat. Shiv Narayan Sharma, who could not alienate himself from his
electorate, had called his council (for which he had even issued written summons),
an interesting assembly with elected members and Chamar buzurg sitting together.
For the first time, a matter that was usually exclusively dealt with by the caste
panchayat was brought before the statutory panchayat, but nobody other than the
head of the statutory panchayat and the young womans father seemed to be
satisfied.
This case, through all the tensions it revealed, brings to light the fact that
the balance of power between the castes in the village is not in exclusive favour
of the high castes anymore. The elections based on universal suffrage, together
with the policy of reservation, turned the balance of Piparsods electorate upside
down because suddenly lower castes such as the Chamars acquired importance on
account of their numerical strength. As we have seen, the Chamars did not delay
using their new power in terms of social mobility but this was not without
influences upon their everyday life. Remarriage customs had to be eliminated in
the emulation of Brahmanic codes of morality without, however, providing the
Chamar community with the knowledge of, and the means of access to, official
justice remedies. This was especially to affect women as men do not need to
divorce before taking another wife, bigamy being tolerated in rural areas. The
young Chamar woman, notwithstanding the evident breakdown of her marriage,
found herself without any recourse other than going back to her in-laws after two
years of separation. Thus, if the Chamar community had acquired a new,
improved social status, the young woman of our case found herself abruptly
deprived of her matrimonial rights.
Killing a Cow
A Brahman was virtually excommunicated from his community, for having
accidentally killed a calf on his daily journey home from work. Notwithstanding
the accounts from most of the witnesses, who said that the murder was
accidental, the people of Piparsod did not question the belief that both he and his
entire community were responsible for the murder. The following is the
astonishing account of Sarvan. The Brahman, who worked as a clerk in the nearby
town of Pohri, was carrying home some hay by bicycle. During a break in his
journey, a calf began to eat the hay and he tried to chase it away with a few
pebbles. The calf fell down and ceased to move. The calf was dead. The clerk,
scared out of his mind, went home without speaking to anyone. Two days later
the news had been spread by the cows owner who told people both in Piparsod
and in the surrounding villages. As Sarvan Lal said: hatya mangre par cillat hain,
dur se a vaz det hain (lit. murder yells from the top, or murder cries out for
revenge). The whole village turned its back on the clerk and his family. They
could not draw water from the Brahmans well anymore. They were banned from
the temple and nobody wanted to even share betel with them. They were
124 South Asia Research Vol. 23 (2)
subjected to hookapan band, or banned from sharing the water-pipe and from
drawing water from the well; in other words, excommunicated.
It seems, in this case, that everyone in the village saw the incident as a means
to take revenge on the clerks father for amassing a fortune from making
horoscopes and tantric rituals to ensure male offspring. Furthermore, the
murderer used to drink so excessively that his relatives often had to carry him
home from the village street corners. In other words the clerk could not have had
any hope of the support of his own caste, because the fact that it was a Brahman
who had killed the cow could only rouse on one hand the contempt of the lower
castes, and on the other hand lead to the strong reaffirmation of Brahmanic
values. Indeed, Brahmans, admittedly pure, do not hesitate in being harsher on
their own members who might endanger their reputation, and all the more so if
the financial situation of the culprit allows it. Brahmans are well known, in fact,
for being the least prone to solidarity out of all the castes in the village. Thus, as
was predictable, the case was deemed to be so serious that no one spoke on behalf
of the defendant, and he was forced to admit his fault. For his reintegration, the
Brahmans required him to undertake a pilgrimage to the Ganges and the
recitation of the Bhagvat Puran by a specialized Brahman financially and socially
a rather heavy punishment, as it implied not only the expenditure of a
considerable amount of money, but also required the culprit and all members of
his family to submit to the traditional rituals of purification.
This case displays many of the peculiar features of traditional Hindu legal
consciousness. Indeed, because the pollution caused by the offence is considered as
contagious, it is held that all the relatives of the offender become polluted even if
they have not committed the act. It is the classical pattern of the Brahmanic
impurity scheme where the impurity of the sinner is automatically extended to the
whole family, the sinner supposedly having had contacts with his/her relatives.14
Robert Hayden, analysing the legal aspects of banishment and punishment,
maintains that excommunication is nothing but an automatic social reaction to
the offence and the only legal act is the panchayat act deciding the adequate
purification for the reintegration into the caste.15 Furthermore, there is nothing
more common than for the caste of the culprit to be the most important factor in
the decision.16 This attitude dates back to the Gautama Dharmasutra where it is
provided that the repayment for the theft increases if the thief belongs to one of
the superior varna.17 Subsequently the Dharmashastra refers to expiations depend-
ing on the castes and on the personal qualities of both the culprit and the
victim.18 As Hari Shankar Sharma has pointed out: to earn money through
astrology is considered to be a minor offence; however, drinking alcohol, a
Brahmans murder, theft or fornication with the gurus wife are the four major sins
for Hindus.19 It also worthy of note that the cows owners never demanded any
form of compensation. Indeed, the peasants explanation has been that hatya ke
paise ko nah cahata, or hatya ka dan ko nah khata: nobody would take the
money obtained from a murder. It seems evident that the matter of killing a cow
concerns the community and is not perceived to be a private legal matter. On the
other hand, the case was not even reported to the police and nobody thought to
sue the offender in an official court. There was a tacit agreement on the fact that
Holden: Custom and Law Practices in Central India 125
the cow slaughter, in spite of it being a serious matter, did not concern the
statutory jurisdictions. Indeed, the Constitution of India in its Directives
Principles, the Penal Code and the Supreme Court, protects milk cows from
unnecessary slaughter. However, according to specialists, cows, as others animals,
are not ensured an effective legal protection in India.20 In rural areas in South
Asia, where similar cases have been recorded by anthropologists, the protection of
the cow seems to be, on the contrary, more certain.21 It is equally evident that in
this case the religious issue was, in the eyes of the villagers, nothing but the best
opportunity to rebuke not only an individual but his whole family considered to
be a long-time source of shame for the village. Here again, official law could have
furnished the appropriate tools for acting against the perpetrator of an unjustified
violence towards the animal, but would not have answered the need of the
villagers to punish both the individual responsible and his whole family for what
they perceived as years of illicit gains.
official legal action, especially the poor carpenters family who did not dare to
make any move, fearing the same end for themselves. Consequently official law is
again considered as an unnecessary intrusion on one hand, and on the other hand
remains inaccessible to the only individuals who could have found in it some form
of protection and/or compensation. This is why Sarvans view does not completely
conflict with the more educated interpretation dealing with pollution principles.
The murder could very well be both a salutary lesson and a punishment for a
behaviour bringing shame to the whole community. The cruel reality was that the
carpenter had been warned about the unacceptability of such a shameful trade in
the village and the last resort in this case was not official law even for the villagers,
because they only knew too well how the local police tolerated similar trades in
the nearby hamlets. Eventually, this case is the ultimate example of the saying to
each his own way, indicating that official law and customs should remain
separate.
Endnotes
* This paper is based on my M.A. dissertation submitted in 1996, at Paris X
University, on traditional jurisdictions in Central India.
1 The work of Prof. Chambard covers three main areas: 1) a field collection of about 350
womens popular songs; 2) an original local version of the Ramayana; 3) the annual
cycle of the Hindu festivals. For his most recent works see: Les trois grands dieux a` la
porte du roi Bali, in Catherine Champion, ed., Traditions Orales dans Le Monde Indien,
Paris: Ehess, 1996, pp. 22972; La Tradition Populaire des Cinq Vierges (Panch
Kanya) dans un Village de lInde Centrale, Ethnologie(s) 2, 1997, pp. 1940; The Bull
Named Dharma: The Game of Dice and the Ages of the World, in Gabriella Eichinger
Ferro-Luzzi, ed., Glimpses of the Indian Village in Anthropology and Literature, Napoli:
Instituto Universitario Orientale di Napoli, 1998, pp. 113; La Sexualite en Dessins de
Sol et Autres Images. A` Piparsod, Village de lInde Centrale (Madhya Pradesh),
Gradhiva 28, 2000, pp. 122.
130 South Asia Research Vol. 23 (2)
2 For further details of this memorable event and more in general for the history of
Piparsods foundation see Jean-Luc Chambard, Piparsod des Origines a 1984, Paris:
Minist`ere des Affaires Exterieures, 1984a.
3 Cf. Jean-Luc Chambard, Atlas dun Village Indien, Paris: Moulton, 1984b, p. 9 and map
no. 28.
4 For an account of the Sanskritization phenomenon of emulating higher caste behaviour
in order to acquire a better status see Mysore Narasimhachar Srinivas, Sanskritization
and Westernization, Far Eastern Quarterly 14, 1956, pp. 48196; David Mandelbaum,
Society in India, Berkeley: University of California Press, 1970, pp. 44286; Richard
Burghart, Renunciation in the Religious Tradition of South Asia, Man 18(4), 1983,
pp. 63553; Frederick George Bailey, The Civility of Indifference, Delhi: Oxford
University Press, 1996, ch. 2; Olivier Herrenschmidt, Linegalite Graduee ou la Pire
des Inegalites. Lanalyse de la Societe Hindoue par Ambedkar, Archives Europeennes de
Sociologie, 37(1), pp. 84103.
5 Pandurang Vaman Kane, History of Dharmashastra, Poona: Bhandarkar Oriental
Research Institute, 193062, vol. 4, p. 808.
6 The jajman relationship entails an exclusive and hereditary link between two or more
families and involves at the same time ritual, social and financial features. For the
origins of the jajman notions see William Henricks Wiser, The Hindu Jajmani System,
Lucknow: Lucknow Publishing House, 1936 and David G. Mandelbaum, Society in
India, pp. 16364. The jajman notion has been criticized by Gloria Goodwin Raheja,
The Poison in the Gift, Chicago: University of Chicago Press, 1988. For an analysis of
jajman in relation to the death rituals on the Ganges river see Jonathan Parry, Death in
Banaras, Cambridge: Cambridge University Press, 1994.
7 Cf. John Duncan Martin Derrett, J. H. Nelson: A forgotten administrator-historian of
India in Cyril Henry Philips, ed., Historians of India, Pakistan and Ceylon, Oxford:
Oxford University Press, 1961, pp. 35472 and Robert Lingat, The Classical Law of
India, Delhi: Oxford University Press, 1998, pp. 13542. For a diachronic study about
custom in Hindu law from ancient times until nowadays see Werner Menski, The Role
of Custom in Hindu Law, Recueils de la Societe Jean Bodin, vol. 3, Bruxelles, 1992, pp.
31147.
8 Cf. Marc Galanter and Upendra Baxi, Panchayat Justice: An Indian Experiment in
Legal Access, in Marc Galanter, ed., Law and Society in Modern India, Delhi: Oxford
University Press, 1989, pp. 5492. For an excellent legal-anthropological study on
traditional panchayats see Robert M. Hayden, Disputes and Arguments among Nomads,
Delhi: Oxford University Press, 1999.
9 Cf. Marc Galanter, The Aborted Restoration of Indigenous Law in India, in Marc
Galanter, ed., Law and Society in Modern India, pp. 3754.
10 Bernard Cohn, An Anthropologist among the Historians and Other Essays, Delhi: Oxford
University Press, 1987, pp. 55474.
11 Cf. Mysore Narasimhachar Srinivas, The Dominant Caste and Other Essays, Delhi:
Oxford University Press, 1987/1994, pp. 1212 and Menski, The Role of Custom in
Hindu Law.
12 The word Chamar comes from chamra (leather). Traditionally Chamars remove and
work the skin of dead animals but nowadays in Piparsod only a few Chamar families
are actually cobblers, most are unskilled workers or sometimes farmers.
13 Cf. Jean-Luc Chambard, Mariages Secondaires et Foires aux Femmes en Inde Centrale,
LHomme, vol. I, 1960, pp. 5188; Louis Dumont, Homo Hierarchicus, Paris: Editions
Gallimard, 1966; John Duncan Martin Derrett, Divorce by Caste Custom, Bombay
Law Reporter J, 1963, pp. 1619 and Divorce at the Petition of the Wife in Hindu
Holden: Custom and Law Practices in Central India 131
Law, The Jewish Law Annual IV, Leiden: Brill, 1981; Werner Menski, Is There a
Customary Form of Widow-Remarriage for Hindus?, Kerala Law Times, 1983, pp.
6972 and Widows Right to Property: Prejudices against Remarried Women,
Manushi, 89, pp. 1516; Vasudha Dhagamwar, Law, Power and Justice, New Delhi:
Sage, 1992, pp. 197209; Erin P. Moore, Gender, Law and Resistance in India, Tucson:
University of Arizona Press, 1998; Jonathan Parry, Ankalus Errant Wife: Sex, Marriage
and Industry in Contemporary Chattisgarh, Modern Asian Studies 35(2) 2001, pp.
780820. Livia Sorrentino Holden, 2002, Divorzio Consuetudinario su Iniziativa
Della Donna in Madhya Pradesh, in Michelguglielmo Torri and Elisabetta Basile, eds,
Il Sub-Continente Indiano Verso il Terzo Millennio. Trasformazioni Socio-Economiche,
Mutamento Culturale e Tensioni Politiche, Milano: Franco Angeli, pp. 41346.
14 About the two main interpretations of the notion of impurity, pollution and their
transmission see Louis Dumont, Homo Hierarchicus, Paris: Editions Gallimard, 1966,
pp. 6985; McKim Marriot, 1976, Hindu Transaction: Diversity without Dualism, in
Bruce Kapferer, ed., Transaction and Meaning, Philadelphia: Institute for the Study of
Human Issues, pp. 10942.
15 Robert Hayden, Dispute and Arguments among Nomads, Delhi: Oxford University Press,
1999, pp. 4981 and 14353.
16 For caste as a criterion for establishing punishment in Hindu law and other
Brahmanical principles of justice settlement in ancient Hindu law see: Charles
Malamoud, Cuire le Monde, Paris: Editions de la Decouverte, 1989, pp. 14756 and
Werner F. Menski, Crime and Punishment in Hindu Law and under Modern Indian
Law, Recueils de la Societe Jean Bodin 58(4) Brussels, 1991, pp. 295334.
17 Gautama XII (15) (The value of ) property which a Sudra unrighteously acquires by
theft, must be repaid eightfold. (16) For each of the other castes (the fines must be)
doubled. (See G. Buhler, transl., The Sacred Laws of the Aryas, Delhi: Oxford University
Press, 1897/1987, vol. 2(I), p. 240.
18 Pandurang Vaman Kane, History of Dharmashastra, 1953, p. 101.
19 Cf. Kane, History of Dharmashastra, p. 14 and Lingat, The Classical Law of India, pp.
53, 856.
20 Cf. Rajeev Dhavan, Do Animals have Rights?, The Hindu, 14 July 2000.
21 See Cohn, An Anthropologist among the Historians and Other Essays, p. 589 and Doranne
Jacobson, A Reverence for Cows, Natural History, June 1999, p. 58.
22 Kane, History of Dharmashastra, p. 18.
23 Kane, History of Dharmashastra, p. 6566.
24 For villagers accounts about excommunication see Livia Sorrentino Holden, 1996,
Coutume et Pratiques du Droit en Inde du Nord, M.A. dissertation, Paris X, Nanterre.
25 For an account of the transmission of pollution in relation to prison see Verrier Elwin,
Maria Murder and Suicide, Delhi: Oxford University Press, 1991, pp. 196200.
26 The numerical weakness of women in North India is apparently leading to new
adjustments attracting the international press: for bride-price customs see John
Lancaster, The Desperate Bachelors, Washington Post, 2002. http://www.
washingtonpost.com/wp-dyn/articles/A616422002Dec1.html; for recent forms of
polyandry see Rohit Parihar, Family Bride, India Today International, 3 Sep. 2001,
468.
27 For a detailed analysis of the terminology and of the process of argument in a caste
panchayat see Robert M. Hayden, Fact Discretion and Normative Implications: The
Nature of Argument in a Caste Panchayat, paper prepared for the conference on The
Career and Prospects of Law in Modern India, Madison, 1982.
132 South Asia Research Vol. 23 (2)
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Holden: Custom and Law Practices in Central India 133
Livia S. Holden who has an M.A. and D.E.A. in anthropology from Paris X
University, is completing her Ph.D. in legal anthropology from SOAS, University
of London. Since 1995 she has been carrying out long-term fieldwork in the
Shivpuri district of Madhya Pradesh in India, inquiring into the relationship
between official and customary legal traditions, local legal consciousness and
gender relationships in relation to family law, divorce and remarriage customs.
Address: Nansen Village Flat 57, Woodside Avenue, London, N12 8RW, UK.
[email: aivil11@yahoo.it]