Governing Conjugality: Social Hygiene and The Doctrine of Restitution of Conjugal Rights in England and India in the Nineteenth Century

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Main author: Lammasniemi, Laura
Other authors: Sharma, Kanika
Format: Journal Article           
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id eprints-35238
recordtype eprints
institution SOAS, University of London
collection SOAS Research Online
language English
language_search English
topic DA Great Britain
DS Asia
KD United Kingdom and Ireland
KL Asia and Eurasia, Africa, Pacific Area, and Antarctica
K Law
description This article focuses on the doctrine of restitution of conjugal rights (RCR) as a colonial legal transplant and examines how ideas of social and moral hygiene manifested in the debates around the doctrine in late-nineteenth century England and India. Originating in ecclesiastical law, the doctrine of RCR provides remedies and sanctions for the deserted spouse when one party has violated the obligation to cohabit as husband and wife. Through a critical examination of the history and application of the doctrine, the article traces the specific ways in which such suits developed and became rooted in Hindu, Parsi and Muslim marital law in India, while simultaneously falling out of favour in England. It places the doctrine in the context of changing ideas of marriage and argues that social hygiene became the tool through which the doctrine was both resisted in England and lauded in colonial India.
format Journal Article
author Lammasniemi, Laura
author_facet Lammasniemi, Laura
Sharma, Kanika
authorStr Lammasniemi, Laura
author_letter Lammasniemi, Laura
author2 Sharma, Kanika
author2Str Sharma, Kanika
title Governing Conjugality: Social Hygiene and The Doctrine of Restitution of Conjugal Rights in England and India in the Nineteenth Century
publisher Taylor and Francis
publishDate 2021
url https://eprints.soas.ac.uk/35238/

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