Traditional Futures: Law and Custom in India’s Lakshadweep Islands

The native community of India’s Lakshadweep islands, though predominantly Muslim, is organized around the matrilineal joint family, similar to the system prevalent in Kerala on the mainland. Under the customary matrilineal law of succession evolved in the islands and followed for centuries, joint family property devolves from mothers to daughters. After marriage women continue to live with their maternal joint family, as do their children. Husbands are normally resident in their own maternal homes and visit their wives regularly. The first of its kind, this study examines the salient features of social organization in the islands and its relationship with the legal system in different historical periods from antiquity to the present day. The author points out that traditional Lakshadweep society has succeeded in providing dignity and all social rights to women and also security for children in case of divorce. He goes on to examine the changes currently taking place which may bring to an end the entire social system built up over hundreds of years. The author provides rich empirical evidence as well as a description of the syncretic religious-cultural framework of the islands. The analysis highlights the fact that customary law there is very different from the mainland’s legal system and practice. It then examines how developments in the mainland have influenced the thinking of the people. During the same period certain court cases and judgements have resulted in some uncertainty as to the status of customary law. The author contends that the major socio-legal changes currently taking place may prove to be detrimental to the interests of women and children. The narrative includes a critical appraisal of, and significant extracts from, important judgements of the Supreme Court, as well of the High Court of Kerala, which has jurisdiction over the union territory. Based on in-depth primary research, this volume is of great interest to lawyers and scholars working on personal law issues, customary laws, gender studies, sociology, social anthropology, and legal history.