© 2008 American Bar Foundation. 631
Law & Social Inquiry
Volume 33, Issue 3, 631–672, Summer 2008
Blackwell Publishing Ltd Oxford, UK LSI Law & Social Inquiry 0897-6546 1747-4469 © 2008 American Bar Foundation. XXX Original Articles Legal Change and Gender Inequality LAW & SOCIAL INQUIRY
Legal Change and Gender Inequality:
Changes in Muslim Family Law
in India
Narendra Subramanian
Group-specific family laws are said to provide women fewer rights
and impede policy change. India’s family law systems specific to religious
groups underwent important gender-equalizing changes over the last
generation. The changes in the laws of the religious minorities were unexpected,
as conservative elites had considerable indirect influence over these laws.
Policy elites changed minority law only if they found credible justification
for change in group laws, group norms, and group initiatives, not only
in constitutional rights and transnational human rights law. Muslim alimony
and divorce laws were changed on this basis, giving women more rights
without abandoning cultural accommodation. Legal mobilization and the
outlook of policy makers—specifically their approach to regulating family
life, their understanding of group norms, and their normative vision of
family life—shaped the major changes in Indian Muslim law. More gender-
equalizing legal changes are possible based on the same sources.
Narendra Subramanian is an associate professor of political science at McGill University;
he can be reached at narendra.subramanian@mcgill.ca.
The author wishes to thank Josh Cohen, Lawrence Cohen, David Gilmartin, Akhil Gupta,
Wael Hallaq, Donald Horowitz, Nazia Yusuf Izuddin, Werner Menski, K. Sivaramakrishnan,
Sanjay Subrahmanyam, Sylvia Vatuk, and four anonymous referees for their comments on earlier
drafts; and Ashok Kotwal, Tuli Banerjee, K. Sivaramakrishnan, Akhil Gupta, and Tambirajah
Ponnuthurai for providing opportunities to present the article. Research support came from the
Social Sciences and Humanities Research Council of Canada, the International Development
Research Centre, and the Fonds pour la Formation de Chercheurs et l’Aide a la Recherche. Research
was undertaken in full accord with all pertinent Canadian regulations governing the conduct
of human subjects’ research. Earlier versions of the article were presented at the Association
for Asian Studies Annual Meeting (March 5, 2004), the University of British Columbia (April
15, 2004), the Association for the Study of Nationalities Convention (April 14–16, 2005),
the Workshop on the Post-Liberalization Indian State, Stanford University (June 5–6, 2005),
and the Massachusetts Institute of Technology (February 23, 2006).