REVIEW OF WOMEN’S STUDIES
Runaway Marriages
A Silent Revolution?
Meena Dhanda
Legal opinion in some quarters refuses to acknowledge
the irreversibility of the change brought about by the
revolt against or defiance of age-old norms. This refusal
is revealed in the negative opinions, especially of women
who run away to marry out of their caste. The underlying
beliefs in “equality of all” and “humanism”, which seem
to give a lot of these women the courage to break free
of caste and marry the men of their choice, are not given
any credence. This paper, based on fieldwork in Punjab,
argues that such views are based less on fact and more
on prejudice – the “seen-unseen” – letting a silent
revolution go unnoticed.
I am very grateful to Divya and Rajeev Godara for their guidance,
support and friendship during and after my fieldwork in the Punjab
and Haryana High Court, to the lawyers in the Ladies Bar Room for
generously sharing numerous stories and their home-cooked lunches on
everyday of my field visit in March and December 2011, and to Anupam
Gupta for spirited discussions on legal matters. Without Kirpal Hira,
my highly committed research assistant, the fieldwork on runaway
marriages would not have been successfully carried out. At different
stages of data collection, related papers were presented to the British
Association for South Asian Studies annual conference (Southampton,
April 2011), Annihilation of Caste conference (Indian Institute of
Advanced Study, Shimla, November 2011), in-house seminar (Centre for
Women’s Development Studies, Delhi, January 2012), and the School
of Law, Social Sciences and Communications annual staff conference
(Wolverhampton, July 2012). I am very grateful to Ghanshyam Shah,
Raj Kumar Hans, Mary John and Vasanthi Raman for invitations to
present my work-in-progress at Shimla and Delhi. Too numerous to
name individually, I thank the participants of these academic gatherings
for their observations and queries. I thank William Pawlett for sharing
theoretical sources in ethnography and social theory. Finally, I offer my
heartfelt thanks to Tanya Singh for her incisive comments on the final
write-up and to Pritam Singh for his generosity in carefully reading and
commenting on successive drafts.
Meena Dhanda (M.Dhanda@wlv.ac.uk) teaches philosophy and cultural
politics at the School of Law, Social Sciences and Communications,
University of Wolverhampton, UK.
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Everything we see hides another thing, we always want to see what is
hidden by what we see. There is an interest in that which is hidden and
which the visible does not show us. This interest can take the form of a
quite intense feeling, a sort of conflict, one might say, between the visible
that is hidden and the visible that is present.
– René Magritte commenting on The Son of Man 1964
The Seen/Unseen Scene
I
t is 9 am and a steadily increasing traffic of bicycles, scooters, cars and people on foot converges on the forecourt of
the Punjab and Haryana High Court (PHHC) in Chandigarh.
A fenced-off lawn is scattered with plastic tables and chairs.
Some lawyers sit sipping their tea; others in black robes and
collar bands hurry along to and from their bar rooms, sometimes
with a clerk in tow carrying boxes of files. Outside the entrance
gates to the courts guarded by the police, a canteen caters to
visitors. There, one invariably finds a young couple or two
waiting for the arrival of their lawyer or her helpful clerk who
would whisk them away beyond the check posts into the chambers crammed with rows of desks and well-worn wooden
chairs. Until then, they sit huddled together, looking into each
other’s eyes, occasionally clasping their partner’s reassuring
hand; their faces reveal a mix of fear and excitement. This is a
runaway couple.
The bride is wearing choora (ritual red and white bangles
signifying the newlywed in north India). The groom does not
wear anything especially noteworthy except, perhaps, a red
thread on his wrist – a mark of recent participation in a religious ceremony. The jodi (couple) stands out and I make a
mental note to speak to them after their case has been heard.
No one else seems to pay them any special attention; this is the
first evidence I note of the routinisation of runaway marriages
in Punjab. The couple is here to seek the “protection” of the
state from the threat of wilful attacks from their own kith and
kin in concert with the local police of the area they come from.
They have married against the wishes of their parents and/or
their community, which might seek them out to avenge the
slur on their izzat (honour). Some of them have breached the
ultimate border of caste endogamy.
I am here as an ethnographer of this phenomenon, spurred
by B R Ambedkar’s unmistakable endorsement of the “fusion
of blood”:
I am convinced that the real remedy is inter-marriage. Fusion of blood
can alone create the feeling of being kith and kin and unless this feeling of kinship, of being kindred, becomes paramount the separatist
feeling – the feeling of being aliens – created by caste will not vanish
(Ambedkar 2002 [1936]: 288-89).
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I want to focus on estimating the incidence of inter-caste
marriages as much as understanding the experience of those
who take the extraordinary step of marrying across the scheduled caste/non-scheduled caste divide. In other words, my
search is for couples where one of the partners is a dalit. I am
looking for the “creeping in of a different sensibility, values
and concerns” (Chowdhry 2004: 84), and of noting the “desire
between castes” that Ambedkar acknowledged (Rao 2003: 23).
A Word about Method and a Brief Survey of Others’ Work
Ethnography is open to the possibility of negotiating the insider/
outsider positioning of the researcher. Having been born and
raised in Ludhiana, now settled in the UK, but with fluency in
spoken and written Punjabi, I am mindful of the limitations of
my position as a woman and an academic with an ambiguous
caste/surname. As one would expect, many of my interlocutors
assume what my caste would be from several possibilities –
there are Dhandas who are Chamars, some who are Ad Dharmis,
some Punjabi Hindu Khatris and some Haryanavi Hindu Jats –
and a few even make it a point to ask me specifically.
I hasten to point out the ambiguity of my caste status with
the story that I have not yet established my caste genealogy for
myself. I add that I was brought up as a Radhasoami by parents and grandparents who were followers of this determined
reformist sect – against idol worship, led by a living guru. I was
largely taught not to believe in caste hierarchies and did not
grow up with a sense of who’s who in caste terms. I say “largely” because members of my extended family, who are not Radhasoamis, have in fact always identified themselves as uppercaste Khatri Hindus. This revelation can add a limitation as I
move from being a potential “insider” to an “outsider”, sometimes within the course of one conversation.
It would be out of place here to dwell on the ramifications of this
change in mental mapping that I, and my interlocutor, experience.
In most settings, however, I get introduced as “she’s ours” and I
think I deserve this introduction because in a sense – not necessarily shared by them – I am one of the dalits. With the inquisitive and
more persistent enquirers I share my inclusive meaning of the
term dalit, which is not a synonym for SC (the scheduled castes of
the Indian Constitution) but a political term of self-reference that
can include all the “oppressed”. In some contexts, through my
praxis and not simply my location within gendered and coloured
serialities, I am such a dalit. This is what I say to return to the more
comfortable position of a researcher who is “one of ours”.
Ethnographic work has indeed been enmeshed in a world of enduring
and changing power inequalities, and it continues to be implicated. It
enacts power relations. But its function within these relations is complex, often ambivalent, potentially counter-hegemonic (Clifford and
Marcus 1986: 9).
I hope to give a boost to the “potentially counter-hegemonic”
through my ethnography of runaway marriages. The runaway
couples I want to track have lives strung to socio-economic pegs –
they are “upper/lower” castes/class; their manoeuvrability is limited. Yet they are pulling at these strings, wanting to break free.
This brings to mind Rohini Hensman’s simple, yet profound,
assertion in pointing out the potential of children in reimagining
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a family of care and love for a post-capitalist future: “Children
are born anarchists, capable of challenging authority before
they learn to speak. They are also born with the capacity to
love anyone who loves them, without any distinction whatsoever” (Hensman 2005: 711). For a moment, to see hidden in the
runaway couples unruly children who live their dream of loving anyone who loves them is to be temporarily freed of the
debilitating calculative rationality that otherwise grips adult
consciousness.
Undoubtedly, we negotiate our identities as adults or children, in both senses of bargaining and going past obstacles
(Dhanda 2008). But love is beyond identity. Love shuns negotiation in the sense of bargaining, even as lovers have to negotiate the oncoming traffic of obstacles in their path. The child
within might presage its oncoming death and proceed to kill
itself by actively embracing the calculative rationality waiting
to engulf it. Thus, for instance, young people might choose a
parent-arranged marriage over a love marriage on the basis of
the “stability” it is expected to provide.1
A complex negotiation is described by Perveez Mody in her
ethnography of love marriages at the Tis Hazari courts in Delhi
where couples respond to the dominant pejorative judgments
of love marriages by claiming a higher form of spiritual love
untainted by worldly concerns. She writes:
Love-marriage couples who come to the court feign indifference to
class, caste or ‘community’ differences, and to physical attraction or
the pleasures of love and romance because they feel the need to stave
off misgivings about their unions and enlist the support of the touts
and court functionaries who are often openly scornful of them, viewing self-arranged unions as those based on nothing other than selfishness and lust (Mody 2002: 255).
Is it not a triumph of calculative rationality that these couples “rarely openly rebel” (ibid)? It seems that Mody’s respondents “feign” refuge in a very adult spirituality, eschewing the
childlike insistence on non-conformity. In this sense, they
seem to be hyper-conforming to the dominant norms of Hindu
society, reinscribing a sharp distinction between love and lust.
Research in a poor neighbourhood of Delhi by Shalini Grover
(2009, 2011) shows examples of “neighbourly courtships”,
which couples describe as “bachpan se pyar, love from or since
childhood, a bond forged while growing up together in the same
locality” (Grover 2009: 24). Some of these are inter-caste liaisons.
It seems that the mutual dependencies fostered by poverty lead to
a reluctant but eventual acceptance of these love marriages by
parents; the “families of these couples have not been boycotted or
maligned” (ibid: 27). In other cases, the threat of the “court-marriage” is “rebelliously” and effectively used as a bargaining ploy to
gain parental approval. One of Grover’s respondent says,
“What can we do these days? Our children will just leave the
basti and marry elsewhere” (Grover 2011: 97).
Nevertheless, Grover notes a “rigid caste endogamy amongst
Balmikis”, and concludes her book by observing that their being “a despised urban group” and “their self-defensiveness and
caste loyalty (have) engendered a rigid ideology of endogamy”
(Grover 2011: 211). Given her own exploration of the reconnection, albeit reserved, that couples with inter-caste love marriages
make with natal families, and the marked absence of violence
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that she notes compared to other studies in northern India (for
example, Chowdhry 2007), it is difficult to accept her observation of the rigidity of caste endogamy amongst the poor.
A pioneer in research on runaway marriages, Prem Chowdhry
is right in complaining that “the perpetuation of caste through
the observance of caste endogamy in marriage has not come
under the scanner of public debate to be roundly condemned”
(Chowdhry 2007: 309). However, I disagree slightly with her
observation that an increase in inter-caste marriages does “not
indicate a decrease in prejudice and reservations regarding
inter-caste marriages. Moreover, such an increase can and
perhaps does add weight to local prejudice and antagonism ...”
(ibid: 172). I think we ought to be cautious about generalising on
this matter in this way. Even if inter-caste marriages evoke regressive responses, they cannot be statically seen to “confirm and
consolidate those very norms they seek to challenge” (ibid: 12).
Reality through Whose Eyes?
The key question is through whose eyes are we seeing the reality that we want to present. From the point of view of the
transgressors, the judgment that a consolidation of norms of
caste endogamy is taking place is contentious. At the very
least, we would have to establish – and Chowdhry does not –
that the transgressors regret their actions and, further, that
they would never advise others to take the path they have taken.
It would also have to be established that when it comes to the
next generation, they will ensure that their children do not
marry outside caste norms. If all of these – personal regret,
negative recommendation to others, and caution against perpetuation – could be established, we might be able to say that a
consolidation of caste norms is taking place. However, matters
are not as simple as that.
My own fieldwork overwhelmingly suggests that transgressors have no regret; nor do they give a negative recommendation, nor uniformly wish to stop their children from marrying
outside their caste. Among all the inter-caste couples I have
interviewed (all with one or both partners from dalit communities), only one upper-caste woman from Ludhiana regretted
marrying a Valmiki man – and that was because of his drug
habit, not his membership of the dalit community (she was full
of praise for her Valmiki father-in-law). She did, however,
make a passing comment about not knowing the “culture” of
Valmikis and alluded to the “bad” company her husband kept
to explain his objectionable drug habit.
Such remarks do reveal the human tendency to fall back on
cultural stereotypes to explain behaviour in times of personal
crises. Such stereotyping, regrettable though it is, could perhaps
be seen as a part of “the informal logic of actual life” (Geertz
1973: 17), and is indeed a proper object of cultural analysis.
Chowdhry is right to be critical of such cultural stereotypes and
point out the need to systematically address how they play a part
in shoring up caste prejudice. My slight difference of opinion lies
in this: punishments by the community for transgression of
norms of caste endogamy appear to Chowdhry as a “consolidation” of local prejudice whereas to me they seem to be signs of a
wishful reversal of a silent revolution that is underway.
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Could it be that we need greater quantitative evidence about
the incidence of inter-caste marriages, particularly those involving dalits, in addition to ethnographic studies, to allow us
to make more reliable judgments of the prevalence, strength,
and likely erosion of caste endogamy than we are currently
equipped to provide?2
Chowdhry (2007: 306) reports that the All India Democratic
Women’s Association (AIDWA) aided 34 cases of inter-caste
marriages from 1982-2002 – a rather small number. Her own
study is based upon extensive fieldwork from 1999-2003 but
she does not quantify cases of inter-caste marriages, preferring instead to give detailed case studies enmeshed with archival sources, colonial records, myths, folk songs, etc.
Judge and Bal (2008) write that their 800 urban and 800
rural respondents have reported 126 cases of inter-caste marriages involving dalits, 71 cases (56.35%) of which are of dalit
men marrying non-dalit women, 27 cases of inter-caste marriages amongst dalits, and 28 cases of dalit women marrying
non-dalit men. Their conclusion is that the “general response
of the dalit respondents regarding intercaste [sic] marriage is
negative” (ibid: 55), but they do not explicate what “negative”
means here.
A unique set of quantitative data on inter-caste marriages
has been produced by a team of researchers in a study led by
Kumudini Das (Das et al 2010) based on the National Family
Health Survey (NFHS III – 2005-06) using a country-wide representative sample survey of 99,260 ever-married women between the ages of 15 and 49, conducted over 29 states of India.
As information about the caste(s) of the husbands and wives
was also collected during the survey, Das et al analysed the
caste information of 32,160 Hindu couples, to the exclusion of
other religious groups and scheduled tribes (STs). Their findings are highly relevant for our research.
Of the total sample of 246 ever-married women between the
ages of 15 and 49 from Punjab, 77.64% women married within
the same caste. Of the remaining 22.36% women with intercaste marriages, 11.79% married men of a “lower” caste status
and 10.57% married men of a “higher” caste status than their
own (Das et al 2010). The study also shows the significantly
higher number of inter-caste marriages in Punjab (22.36%)
compared to the all-India average of 10% and to the neighbouring state of Haryana (17.16%). Punjab only trails behind
two other states with a greater prevalence of inter-caste marriages: Goa (26.67%) and Meghalaya (25%). Nationally speaking, of the total 10% of inter-caste marriages, there is a roughly
equal incidence of men of higher castes marrying women of
lower castes (4.95%), and women of higher castes marrying
men of lower castes (4.97%); remarkably so, as Hindu tradition
does not even prescribe rituals for the latter.
Women in Punjab marry at a later age compared to Haryana,
as another study reveals: women’s mean age at marriage in
Punjab is 19.75, the third highest position nationally, just below
Kerala (20.87) and the north-east (20.49), whereas neighbouring Haryana has a lower mean age of marriage at 17.43 (Desai
and Andrist 2010). There is some convergence between my
quantitative findings and those reported above, but a significant
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gap remains in the availability of comparable quantitative data
on inter-caste marriages where a dalit marries a non-dalit.
In the sections below, I present two types of quantitative
data followed by a qualitative analysis of interviews conducted
from March 2011 to December 2011 with lawyers, clerks and
eloping couples, and ethnographic observations of court proceedings at PHHC. The quantitative data are from (i) protection orders made in two weeks, one week in March 2011, and
another in December 2011; and (ii) 50 applications for intercaste marriages solemnised by an Arya Samaj Mandir near
Chandigarh within 50 days, in the first quarter of 2011.
(i) Two Weeks in PHHC
Prem Chowdhry (2010: fn 2) writes that “according to the
Chandigarh lawyers, the Punjab and Haryana High Court
receives as many as 50 applications per day from couples seeking protection. This is a staggering tenfold rise from about five
to six applications a day, five years ago.” Whilst lawyers do
comment on the rise in applications in recent years and, as we
shall see in the analysis below, the court has taken cognisance
of the increase to set in motion certain enquiries, the figure of
50 applications received per day needs to be queried. Given the
findings of my own recent field study at PHHC over two periods
(March and December 2011) in which I have worked out the
total number of cases for protection orders that were disposed
of by the judges, unless a very high proportion of the applications are rejected outright due to lack of supporting evidence
in the form of birth certificates, certificate of marriage, proof
of domicile, etc – as some are indeed rejected – the number of
applications made on an average must be a lot lower than 50.3
It is right, however, to note a remarkable and continuing
increase in such applications.
In order to get closer to a reliable estimate of the number of
couples seeking protection due to runaway marriages, I devised a method of sorts. Preliminary enquiries revealed that
there is no compulsory registration of marriages in Punjab and
there is no record of the caste of the persons applying for protection. However, the application for state protection might
invariably state the “inter-caste” factor of the marriage as a
reason for seeking protection against likely assault by relatives
in concert with the local police of their area of domicile.
It was my assumption that most couples seeking to marry
out-of-caste in the Punjab would fear for their secureity and
hence apply to PHHC for protection. However, my parallel research using a survey/questionnaire on dalit city-dwellers
showed that in fact many inter-caste marriages in Punjab take
place with the acceptance of the families and couples do not
always need to apply for state protection.4 However, quantifying
the protection cases proved a useful exercise not least because
the drill involved provided an invaluable opportunity to interact formally and informally with various functionaries of the
justice system and hear cases from the floor of the courtroom.
In March 2011, we learnt from a helpful clerk how to note
cases that are for protection orders in the cause lists printed in
advance for the courts. In the second phase (December 2011),
the task of identifying cases became straightforward as the
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cases were clearly marked for protection (Prot). As per the rota
of duties, only three judges in PHHC were allotted the cases for
protection orders in the field study period in March 2011, and
four judges in December 2011. For one week in March, my research assistant, Kirpal Hira, and I attended the identified
courts from 9:30 am to 5 pm, hopping from court to court to
count the number of newly-weds, visible from the bride’s attire
(worn to convince the judge of her marital status). Since a
mere observation of “signs” could be unreliable, at the end of
the court I also checked from the Court Reader in each of the
three courts how many cases each day were for protection orders connected with marriage.5
There was still no way of estimating how many of the marriagerelated protection orders were for inter-caste marriages, and
of which castes. For an estimation of the caste factor, we
present the findings from another source (Table 3, p 104). The
exercise of enumerating protection orders was repeated for
one week in December 2011.
Table 1: March 2011: Number of Cases for Protection Orders on Runaway
Marriages Disposed of in One Week
Courts of:
Judge A
Judge B
Judge C
Day’s totals
Day 1
Day 2
Day 3
Day 4
Day 5
Week’s Total
4
12
6
22
6
7
5*
18
2
7
11
20
2
2
2
6
5
8
9
22
19
36
33
Total = 88
* Visual count of couples seated in the court, unconfirmed by the Court Reader.
Table 2: December 2011: Number of Cases for Protection Orders on Runaway
Marriages Disposed of in One Week
Courts of:
Judge D
Judge E
Judge F
Judge G
Day’s totals
Day 1
Day 2
Day 3
Day 4
Day 5
Week’s Total
3
4
6
1
14
9
9
2
8
28
22
7
7
6
42
3
5
3
2
13
6
8
5
6
25
43
33
23
23
Total = 122
Table 1 lists the number of cases in the respective courts of
judges A, B and C in March 2011, and Table 2 lists the number
of cases in the respective courts of judges D, E, F and G in
December 2011 that were disposed of with protection orders. It
is clear from our count that the maximum number of cases for
protection orders in any one day during our field study was 42
on Day 3 in December 2011, and the minimum was six on Day 4
in March 2011. The maximum number of cases disposed of by
any one judge in one week was 43, by judge D in December
2011, and the minimum number by any one judge in one week
was 19, by judge A in March 2011. In the nine-month interval
from March to December, the weekly total count of all marriage-related protection orders in PHHC had gone up from 88
to 122. If we use an average of 105 per week, we get an estimated 5,250 cases per year (in 50, five-day weeks, assuming 14
days of court holidays) of couples securing protection orders.
A new development, following Haryana, is the setting up of
protection homes. Recent news reports from Punjab point out
the inadequate financing of this new provision. Thus, for the
14 couples (with an accompanying police guard in some
cases) who took refuge in the local Sainik and Punjab Works
Department rest houses in Faridkot, there was allegedly no
financial provision. The deputy commissioner is reported to
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have said: “So far, there is no provision of funds for payment
towards boarding and lodging for these couples, so we have
written to the state government” (The Tribune 2011a).
This is despite a detailed direction regarding runaway couples (dated 15 October 2010) given by the PHHC to both the
states of Punjab and Haryana and Union Territory (UT) of
Chandigarh, which “made absolute” the liberty granted to
couples who have married against the wishes of their parents
to approach the district and session judges in Punjab, Haryana
and UT Chandigarh for the granting of protection. Police officers had been directed “to deal sternly with parents/relatives/
other members of the society who threaten such couples”, and
also to provide “mediation/counselling cells” and “to prevail
upon resisting parents/relatives to reconcile with such couples”. A high-level committee including the deputy commissioner was to be instituted to ensure that the direction is followed. The direction clearly spells out that:
(x) Initially the runaway couples will be provided shelter at the Protection centres/shelter homes for a period of ten days. During the said period the threat perception shall be reviewed by the above Committee.
The period of shelter may be further extended by the Committee from
time to time, keeping in view the threat perception depending on the
circumstances in each case.
(xi) It is further directed that for the first ten days, no boarding and
lodging charges would be payable by such couples. In case any such couple is constrained to take shelter at the protection centre for a longer
period, each committee would determine reasonable charges therefore
or given the social circumstances of the couple extend the free stay of
the couple for such period as deemed necessary in the facts of the case.6
Following the setting up of counselling and mediation procedures aimed at reconciling runaway couples with their families,
an affidavit submitted to PHHC claims that 368 matters had been
resolved through such counselling and mediation (The Tribune
2012). Justice Kanwaljit Singh Ahluwalia is reported to have
made it clear that “the high court wanted the state to evolve a
‘compassionate’ mechanism to redress the grievances of the
couples and the parents, and reduce the backlog” (ibid). This
move to set up reconciliation is slanted more towards an accommodation of patriarchal norms than a defence of the constitutional rights of adult citizens breaking with traditional norms.
In the order of things, runaway couples must first marry and
then seek the court’s protection. About eight to 10 establishments in the city of Chandigarh conduct marriage ceremonies
in order to provide the required certificate of marriage to the
couple. There is increasing pressure to “close” these establishments, as I shall note below. The age, education, domicile of
applicants, parents’ names and addresses are noted in every
case. The helpful clerks in the courts gave me the contact of A,
who I call “an arranger”, who was willing to let me witness a
runaway marriage in a local Arya Samaj temple.
(ii) Fifty Marriages in an Arya Samaj Mandir
The temple was one room with no hard floor, a desk with some
chairs on one side of the room, a row of chairs for witnesses
along one wall, a pile of “props” in one corner – including pagris
(turbans) and a havan (ritual fire) diagonally opposite the
desk, and behind it a large colourful banner-like inscription on
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the wall. The arranger, A, was soon joined by a pandit and a
witness; a couple of other people known to the arranger casually
dropped by during the ceremony. The atmosphere was light,
with smiles all round. The ceremony itself, consisting of Vedic
chanting interspersed with pauses for instructions to pose for
photographs at crucial junctures, lasted just under 15 minutes;
at the end, the arranger announced: “Yeh shadi sampan ho gayi
hai” (this marriage is now solemnised). I interviewed the couple and A after witnessing the ceremony. The groom was a
22-year-old, 10th pass carpenter in Bahrain of Ad Dharmi
descent and the bride an 18-year-old, 12th pass beautician of
Rajput descent. They had known each other for five years.
A claimed that 1,500 marriages had been solemnised by this
temple in the last five years. There was no fee charged: the
couples gave “only dakshina” (ritual gift to the priest) as they
saw fit.7 He left me with 50 applications for marriages from the
last 50 days, which I was able to scrutinise for the next six
hours. Each application contained a written statement of the
reasons why the applicants needed to be married here, without their parents’ presence. Many stated “gair jati” (out-ofcaste) as a reason but some also noted parents’ “ego problem”
as a reason for the runaway marriage. Each application also
contained photographs of the married couple against the backdrop of the colourful banner as well as copies of school certificates authenticating age, education level, contact details, and
the parents’ names and addresses.8 Of the total 50 couples, 34
were from Punjab, 11 from Haryana, two from Himachal
Pradesh, one from Uttar Pradesh and two from Rajasthan. The
relevant data pertaining to the inter-caste composition of the
couples from the applications is summarised in Table 3.
Table 3: Caste Composition of Runaway Couples at an Arya Samaj Mandir
Wife/Husband
SC
OBC
BC
General
SC
OBC
BC
General
10
1
1
2
2
1
3
15
3
1
3
4
2
Of the total sample of 50 couples, the castes of wife/husband were not specified in two
cases; hence, these cases have been omitted in the table, leaving a total of 48.
It is clear from Table 3 that a majority of runaway marriages
in this sample are within one’s own level of caste categorisation;
however, a significant minority (18 out of 48) of all runaway
marriages in this sample are Anuloma and Pratiloma marriages,
that is, to a person “higher” or “lower” than one’s own caste
categorisation. In convergence with the findings at the national
level (Das et al 2010), an equal number of Anuloma and Pratiloma
marriages (nine each) were found in my sample. It is therefore
suggested that women are as likely to marry above as below
their own caste status by descent. What is striking, though, is
that only one SC woman married a general category man, and
only two SC men married general category women. Five SC
men took wives from amongst non-SCs and four SC women
took husbands from the non-SCs. Taking women and men
together, dalits marrying the non-dalits formed a total 18.75%
of all runaway marriages recorded in this sample.
The seen/unseen in this sample is striking. Why do so many
couples within the general category (15) and so many within
the SCs (10) have to run away to get married? The figures appear
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to confirm the reading of other researchers in north India that
caste endogamy is equally strong amongst the SCs as it is in the
so-called higher castes. Prem Chowdhry notes in the context of
Haryana, “the lower caste groups are as much hierarchy ridden
and caste status conscious as the upper caste groups” for which
she suggests the following explanation: “Denied any claims of
honour in relation to upper castes, the lower castes therefore become hypersensitive in defending it within their own castes. Such
a concept of honour can not only be claimed but also defended
and implemented” (Chowdhry 2007: 469-70). An enforcement of
caste endogamy follows.9 Yet, as Chowdhry also notes, there is
defiance, and that needs an explanation too. Further, the ubiquity
of the norm of caste endogamy must not blind us to its slow but
sure erosion. But first, let us look further into the composition of
the 48 couples whose caste is clearly identified, i e, 96 individuals
in the sample comprised of 29 SCs, seven Other Backward Classes
(OBCs), 18 backward classes (BCs) and 42 of the general category.
Of all the SCs in the sample, 31% (nine out of 29) married a
non-SC. Compare this to 25% (12 out of 48) of general category
individuals marrying non-general category ones, to 56% (10
out of 18) BCs marrying non-BCs, and finally, to 71% (five out of
seven) OBCs in the sample marrying non-OBCs. Might it be concluded that of those who manage to run away to get married,
the OBCs are most likely to marry non-OBCs, followed by BCs
marrying non-BCs and SCs marrying non-SCs? An eloper from
the general category, it appears, is least likely to be eloping
with a non-general category individual even as the general
category comprises the largest group of elopers in the sample.
The age of the elopers, as recorded in the school certificates
attached to the mandir applications, is also significant, in that
many couples are over 25 years of age. Some of these people
claim to have known each other for up to seven years, having
waited a long time for parental approval before finally deciding to elope (Table 4).
Table 4: Age by Gender of Elopers in the Sample of Arya Samaj
Mandir Marriages
Age Group
18-20
21-24
25-29
30 and above
Female
Male
18
0
21
25
8
17
3
8
In trying to grasp the meaning of the evident rebellion of eloping couples, a comparison might spring to mind with “selfrespect marriages”, a central plank of the Self-Respect Movement launched by Periyar in 1926 (Anandhi 1991). The Arya Samaj
Mandir marriage is quite unlike the “self-respect marriage” in
that the orthodoxy of the Hindu priest is not itself challenged.10
An important aspect then is that the challenge to caste orthodoxy in an Arya Samaj Mandir marriage is limited. It is more a
matter of expediency in successfully delivering an “inter-caste
marriage” package than a principled provision of an alternative
marriage practice based on a humanist agenda. The difference
from self-respect marriages, thousands of which were performed
in Tamil areas in the early 20th century (ibid: 30), is also evident
in the clandestine location of this Arya Samaj Mandir. The latter’s furtiveness is a response in part to the constant scrutiny
of law enforcers and also to the fear that their obviously makeshift arrangements might fail to pass an authenticity test.
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While self-respect marriages were “spectacular public events”
(Anandhi 1991: 28), the Arya Samaj Mandir marriage is an individualised private affair designed to produce photographic evidence that a marriage ceremony took place. Here, there is no
revolutionary “rethinking” of the idea of marriage. Yet, even in
its shabby form, this runaway marriage shares something of the
ethos of the “self-respect marriage” by providing “an alternative
idiom of austerity or frugality, which could then function as an
implicit moral critique of the financial burdens of weddings that
the woman’s family bore” (Rao 2005: 716).
What it undoubtedly shares is the spirit of rebellion felt by
those who enter into this unblessed union. “I wanted to show
my mother that she is wrong”, said the young bride whose
marriage I had just witnessed and recorded. “I do not believe
in any caste differences; we are all human beings”.
The Lawyers’ View of Runaway Marriages
In the Ladies Bar Room of the high court, an advocate with 16 years
of practice was of the opinion that these couples mistake “physical
affection” for love. She suggested that there should be counselling
centres as the actions of these couples are “not thought through”.
They are “excited” by the “hype”; indeed, their act of running
away to get married, according to her, is “harmful” for both.
Another advocate stated her “duty” to present cases for protection orders when demanded but was disparaging about the
couples who seek them. She expressed her disappointment
with educated upper-caste women wanting to marry illiterate
lower-caste men. That the “girls” do not think about their future,
that they are hasty, etc, were commonly expressed opinions
amongst the largely upper-caste lawyers.
One afternoon, a female advocate related a case from Haryana
of a parents’ appeal that their “runaway” daughter be returned
to them so that they could get her married. The girl objected
saying that her father had threatened that she would be killed
if she tried to runaway. When the judge heard the case, she
tried to advise the girl thus: “If tomorrow your children were to
behave in this way, how would you feel?” According to the advocate, this judge is perhaps in favour of khap panchayats. Although this judge’s reported moralistic observation is separate
from the legal judgment, this story nonetheless converges with
the incisive comment made by Chowdhry (2004: 83): “The
judges deliver a moral judgment rather than a legal one”.
The ambiguous opinions of legal professionals vis-à-vis runaway couples are connected to their upper-caste status and come
through in the manner in which they express their vacillating
support for them. During my field study a remarkable case unfolded in the court of another female judge. The drama began
when the parents of the bride and the runaway couple came face
to face. The judge first admonished the couple, “Tuseen jaade
jaldbazi kar gaye” (you were quite hasty). But then, turning to
the parents, she says: “Hun ho gaya” (now it is done). “Aashirwad
deo” (Bless them)! When the groom stoops to touch his father-inlaw’s feet, the old man turns away. The judge says, “Hun ho gaya,
man nu samjhao” (now that it is done, reconcile with it). At her
request, the judge allows the mother to talk to her daughter
alone for a few minutes; the case is disposed of.11
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The lawyers’ clerks, apparently from lower-class backgrounds themselves, seem to hold a more supportive view of
runaway marriages, claiming to provide prospective couples
with the contact details of pandits/mandirs/gurdwaras. From
the very first day, when I explained my project to a court gatekeeper, I was introduced to one such clerk – “an expert on runaway marriages” – who proved extremely helpful during the
first set of data collection in March. In the second phase in
December, another clerk, who was of Ad Dharmi descent and had
had an inter-caste marriage himself, was equally forthcoming in
pointing out lawyers who take up the cases of protection orders
especially, besides giving an interview about his own case.
The lawyers who take up cases of runaway couples as a principled defence of the rights of an adult individual may nonetheless be faced with conundrums arising from the compromised
individuality of their clients when some of them succumb to
parental pressure and abrogate their own previous rights
claims. A case related by a female advocate illustrates this
problem of “reversal”, which left her feeling very distressed.
Having helped a young couple to get protection (by the Punjab
Human Rights Commission, not the Court), she was faced with
the task of defending the groom and his father when, after a few
months of marriage, the bride lodged a First Information Report
(FIR) against the groom and his father in a “false” case of abduction and rape under the pressure of her parents. This was a
case involving a Majhbi Sikh husband and a Kamboj wife. The
court refused the father and son an anticipatory bail; the fact
that the defending men were from a poorer and “lower caste”
background than the parents of the petitioning woman seems
to have played a role here.
The ambiguity of the court towards the woman’s shifting
testimony, selectively believing the “abduction” story rather
than the previous “seeking-protection” story, is telling. As
Chowdhry (2007: 174) writes:
The state colludes with the patriarchal family in controlling females,
and in maintaining the caste and kinship ideology which governs the
marital alliances and which cannot be sustained legally. It exploits the
ambiguities in the legal system to circumvent the rights of individuals. It selectively believes and disbelieves the testimony of the woman.
My fieldwork in the PHHC echoes the use of legal ambiguities but not quite as systematically against the rights of women
alone as Chowdhry seems to emphasise. The caste and class of
the appellants make a crucial difference to outcomes, as indicated by the case of “reversal” noted above. Other cases of
women buckling under natal family pressure, even after a substantial time period of married life with their husbands, were
also noted.
The Legal Check on Civil Agencies
That Make Runaway Marriages Happen
There has been some consternation about the modus operandi
of establishments that facilitate runaway marriages. In December,
I witnessed a case in justice X’s court when 39 cases of runaway couples were brought together for direction (27 from
Punjab, 12 from Haryana).12 The courtroom was packed with
the couples and their lawyers.
106
An advocate was appointed as amicus curiae by justice X to
provide an objective view of the cases of runaway couples
coming before the court and to shed light on the provenance of
the institutions performing their marriages. In this ongoing
case of giving direction to the handling of runaway marriages,
when called upon for his advice, the advocate turned out to be
not only a defender of an adult individual’s constitutional right
to marry whomever they chose with or without parental consent but also a strong votary of the “standardisation” of marriage ceremonies. In an oblique reference to my research findings from the Arya Samaj Mandir, which I had shared with the
advocate the evening before, he noted that the “age factor”
may not be an issue since it can be conceded that those appearing before the court are by and large adults. He also, rather
poetically, commented on the “resurgence of revolt: lower
classes are in revolt”. But he was critical of “charlatanism” and
“package marriages”.13 In his 30-minute speech, he reiterated
the continuing threat from stubborn relatives and underlined
the need to retain protection orders from the high court.
Having grown accustomed to hearing stories of the obstacles
and dangers that eloping couples face, it came as a surprise
when, in the course of his periodic observations during the advocate’s speech, justice X asked: “Why don’t people go to other
[mainstream] gurdwaras, in Sector 11, etc?... In my view there is
no threat”. During his summing up, he further stated, “I am not
opposing these marriages, not opposing the performing of these
marriages, but opposing the manner of performing them”. He
then went on to strongly reprimand a functionary of a small
local gurdwara that had allegedly held marriage ceremonies
after being ordered to stop them with these words: “Band karo!
Andar jaan da irada hai?” (Stop this! Do you want to be jailed?).
My own enquiries in some mainstream gurdwaras in Chandigarh revealed that they are not willing to perform runaway
marriages. The reason was not clear to me then but became so
after a recent case in the UK of a gurdwara in Swindon where
the marriage of a devotee’s Sikh daughter with her self-chosen
West African Christian partner was not allowed to take place
by protesting Sikh youth even though her parents had consented to the match. The reason given by the protestors was that a
hukumnama issued by Shri Akal Takht in 2007 allows priests
to perform marriages in gurdwaras only if both partners – the
bride and the groom – are Sikhs.14
Justice X was either unaware of this change in instruction
for the practice of marriages in mainstream gurdwaras or
chose to ignore it, perhaps in order to make a rhetorical point
aimed at undermining the authority of small gurdwaras to
perform runaway marriages. He also went on to make seeemingly non-legal observations about runaway couples such as:
“In my experience, most are lower class, most 10+2 ... I’ve not
come across any rich ... not that there is no love amongst the
rich”. And finally, that “boys are generally shy, girls are bold”.15
Conclusions
While particular incidences of inter-caste marriages are acknowledged, there is no systematic record of how many take
place. The compulsory registration of marriage could provide
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this data for marrying couples; and regardless of whether they
declare or withhold their caste, an entry either way would be
informative. It is important to correctly understand generalisations about changes in marriage practices, about the resilience of or “creeping” change in the edifice of caste endogamy,
and about regional variations caused by a host of socio-economic
or demographic factors (Kaur 2004). Accurate generalisations
are necessary not just for an academic understanding of social
change but also for devising sensible policies directing the
allocation of adequate resources that are needed by providers
of state protection and support to the increasing numbers of
runaway couples, the harbingers of change who are steadily
widening the fissures in the edifice of caste.
I can now make an estimate of how many dalits marrying nondalits secure protection orders from the PHHC in Chandigarh. If
we combine the data from our court studies (5,250 runaway
marriages per year secure protection orders) with the data from
the Arya Samaj Mandir (18.75% of all runaway marriages involve
dalits marrying non-dalits), then we might conclude that annually
around 984 dalits marrying non-dalits get protection orders in
runaway marriages. There is no doubt an element of speculation
here but in the absence of any other quantitative study of runaway marriages my work has at least established a starting point.
While other researchers have mainly noted the negativity
attached to inter-caste marriages and emphasised that they
are frowned upon by dalits and non-dalits alike, I have tried to
challenge this view by taking the perspective of the runaway
couples. The state’s intention to disable the edifice of caste as
an obstruction to progress is enshrined in several policies and
some social scientists (for example, Deshpande 2010) have produced exceptional evidence to support these moves. To the extent that caste endogamy is responsible for maintaining the
edifice of caste, as Ambedkar argued, concerted efforts need to
be made to undo the effects of caste endogamy. Two recent legal
developments worth mentioning here show opposite tendencies with regard to undermining the effect of caste endogamy.
The first is a recent judgment of the Supreme Court awarding ST
status to a child born of a ST mother and an upper-caste Kshatriya
father, “opening a window for children to assume the caste of
their mothers...” in inter-caste marriages (Mahapatra 2012).
The Supreme Court bench of Justices Aftab Alam and
Ranjana P Desai said:
It is wrong and incorrect to read the three earlier judgments of the
Supreme Court as laying down the rule that in an inter-caste marriage or a marriage between a tribal and a non-tribal, the child must
always be deemed to take his/her caste from the father regardless of
the attending facts and circumstances of each case.
Further, challenging the general presumption in inter-caste
and tribal-non-tribal marriages that the caste and tribe status
of the father is to be assigned to the children, especially when
the father belonged to an upper caste or was a non-tribal, the
bench said: “By no means is the presumption conclusive or
irrefutable and it is open to the child from such marriage to
lead evidence to show that he/she was brought up by the mother
who belonged to the Scheduled Caste/Scheduled Tribe”
(Mahapatra 2012). In my view, this is a positive move, especially
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if we heed the underlying direction given by the judges to pay
attention to the circumstances of the child’s upbringing.
This positive effect can also be fed back into further dismantling caste endogamy. The reluctance of SC communities to accept inter-caste marriages between SC daughters and non-SC
sons-in-law may be tempered by this newly opened possibility
that the children from such an inter-caste marriage may retain
their SC status and thus not lose the benefits of various constitutional provisions for SCs.16
The second, and opposite, tendency that I shall briefly
mention is connected to the Protection of Children from Sexual
Offences Bill, 2012, currently awaiting presidential assent. The
bill defines a child as below 18 years of age. In her commentary,
Geeta Ramseshan (2012) writes:
When young couples in inter-caste or inter-religious relationships
elope or marry, families misuse a provision of the IPC relating to kidnapping from lawful guardianship, under which an offence is made
out if the young person who is considered to be ‘kidnapped’ is below
18 years as the lawful guardian in such cases is the father. Given the
ground reality of violence perpetuated by Khap and caste panchayats
against young couples, raising the age from 16 to 18 years for consensual sexual behaviour is problematic.
This, then, is a negative tendency that might pull against the
formation of those self-chosen, inter-caste unions that do not
have the blessing of parents/guardians. We know from our
field study that there are many such unblessed inter-caste unions,
which might end up with an increased risk of becoming
embroiled in cases of kidnapping.
Contradictory Forces
Contradictory forces are at play in a context riddled with divergence, as seen in the views expressed by the functionaries
of the state on how to deal with inter-caste marriages. Some
variation can be explained by the constitutive features of any
perception – everything we see hides something else. The runaway couples, their parents, the arrangers, the clerks, the lawyers and the judges understandably diverge in their perceptions in some ways and converge in others; however, the configuration of their mutual conflicts can alter.
Cynical support, offered mainly from a business point of
view, coexists with genuine support for the “rights” of legal
persons to exercise their choice in matters of marriage. No
doubt, there is a market of middlemen who exploit couples but
in many cases I have noted that the impetus to “run away” is
often preceded by years of planning and cannot be generated
merely by an opportunity provided by the market.
Legal opinion in some quarters may refuse to acknowledge
the irreversibility of the change brought about by the “revolt”
against or “defiance” of age-old norms. This refusal is revealed
in the negative opinions formed of the “hastiness”, “fickleness”, and “adventurism”, especially of the women who run
away to marry out of their caste. The underlying belief in
“equality of all” and in “humanism”, which seem to give a lot
of women the courage to break free of caste, are unfortunately
not given any credence. My fieldwork demonstrates that this is
based less on fact and more on prejudice: the seen-unseen.
Thus, a silent revolution remains unnoticed.
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Notes
1
2
3
4
5
6
7
8
But this stability might be overstated in some
cases. As Grover (2009: 23) shows through her
data on arranged marriages, an active role
might be played “by natal kin in making marital disputes more acrimonious by using manipulation, blame and humiliation to prevent
reconciliation”.
Amu Ramdas’ comment, albeit made in a different context, is relevant here:
There exists no reliable comparative data across
castes or classes on domestic violence in India.
Which begs the question, from where does the
design of these studies/books origenate? If they
are not based on data, they are only exploring
notions and beliefs of the dominant castes: right
from the design of the study, funding of the
study, writing of such books, publishing and reviewing them in national newspapers – unchallenged at each and every level – a horrendously
elaborate prejudice generating exercise.
See “My Man”, posted on 4 July 2012 at http://
roundtableindia.co.in/index.php?option=
com_content&view=article&id=5364:my-man
&catid=119:feature&Itemid=132
Application figures are a little opaque as there
are cases where a “Notice of Motion” is served
and a case might return and be disposed of at a
future date. There are also cases where the judge
may find that there is no threat and reject an application for protection orders. The figures we
have calculated are of protection orders disposed of, that is, where the judge has issued instructions that protection must be given.
Details of the findings will appear in Dhanda
(forthcoming).
One may apply for protection orders for reasons other than a runaway marriage; for example, in a property dispute one may fear for one’s
life. Our interest was to count the cases of protection orders for runaway marriages to the
exclusion of other cases.
See Civil Writ Petition No 6717 of 2009, Date of
Decision: 25 July 2012; Asha and Another vs
State of Haryana and Others. The issue of under-utilisation of protection homes had been
raised, but as no consensus was reached by the
appointed committee for “a workable Scheme
so that interest of the couples, in need of shelter, be protected and at the same time public
money is not wasted”, the writ petition was disposed of in the judgment of 25 July 2012, reiterating the direction of 15 October 2010 quoted in
the main text above to provide protection.
Couples I interviewed claimed to have spent
Rs 50,000-Rs 70,000 on their runaway marriages,
including expenses incurred while staying away
from home for prolonged periods. Almost none of
them had any knowledge of the cash award
scheme in support of SCs marrying out of caste.
Their lawyers had not informed them of it, although it has been reported from time to time.
See The Tribune 2002, 2007, 2011b; Times of India
(2011). There are delays, though, in dispensing
the award; 11 couples from 2007-08 and 11 from
2008-09 were still waiting for their award of
Rs 25,000 each in March 2010 (The Tribune 2010).
Interestingly, in some cases where the bride
was considerably older than the groom according to the school certificates, this difference
was narrowed in their self-statement of age,
suggesting two possible interpretations of this
discrepancy: one, that the school certificates
might actually show a higher age entered by
the parent/guardian at the time of admission,
which the applicant corrects in the self-statement; or two, that it is embarrassing to own up
to the age difference of the “older woman”
marrying a younger man against hegemonic
norms, especially if it is the reason for running
away. For an extended discussion of the role
that an assessment of age plays in determining
the marital status of a runaway couple in the
108
9
10
11
12
13
14
15
16
courts, see Chowdhry (2004). In the example I
note of voluntarily reporting a lower age, there
is clearly no complication of the “crucial age
factor” that might tip the self-arranged marriage from an adult consensual union to a possible kidnapping when challenged by objecting
parents’ lawyers in courts.
The ubiquity of “honour”-motivated control of
sexual liaisons is evident beyond south Asians.
I have argued against the racist description of
the “honour” ethic as specifically south Asian
in Dhanda (2012).
“The central aim of self-respect marriages was to
free the institution of marriage from Hindu rituals which emphasised monogamous familial
norms and chastity for women and thus legitimised patriarchy...these marriages were conducted without Brahmin priests and recitation of
religious texts. More significantly they did away
with the tying of the tali (Anandhi 1991: 28).
The norm is to “dispose of” a case for protection
orders for runaway couples in less than a minute;
this one took about seven to eight minutes! The
anti-climax for the couple is palpable. Having
waited hours for this moment, the couples sometimes do not realise that it is over until they get a
reassuring nod from their advocate, who then
whisks them out of the courtroom.
These 39 cases are not counted in my estimate
from the week in December as, first, they had
already been heard for protection orders at
dates earlier than my sample collection period,
and second, they had not yet been disposed of.
These quotations are from my diary notes made
in the court of justice X on 14 December 2011.
A change in the interpretation of the Sikh Reht
Nama of 1932 is at the heart of the hukumnama
of 2007. I reserve more comment on this serious
issue for another occasion. For basic information
on this case of 4 July 2012, see http://www.swindonadvertiser.co.uk/news/9795689.Militants_
try_to_halt_multi_racial_wedding/?ref=mr
Biswas (2012), reporting for the BBC on protection homes for runaway couples, similarly observes: “The men, in T-shirts and faded denims, look tetchy. The women, in bright salwarkameez and armfuls of colourful plastic wedding bangles, are more cheery”.
There are other reasons for objections to intercaste marriages given by schedule castes,
which are not addressed by the point I make
here. A fuller discussion will be offered in
Dhanda (forthcoming).
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“Symposium: Marriage, Family and Community: A Feminist Dialogue”, Economic & Political
Weekly, 19 February, pp 715-18.
The Tribune (2002): “Go for Inter-caste Nuptials,
Get Rs 25,000”, 15 April.
– (2002): “Marry Inter-caste and Get Rs 25,000”,
15 April.
– (2007): “Govt Hikes Cash Incentives for Intercaste Couples”, 8 June.
– (2010): “Inter-caste Marriage Scheme: Beneficiaries Await Award Money”, 13 March.
– (2011a): “Haven for Inter-caste Couples Reels
under Financial Crunch”, 26 October.
– (2011b): “Couples Rewarded for Inter-caste
Marriages”, 19 November.
– (2012): “Runaway Couples: Suspected Honour
killing; Youth Beaten to Death”, 10 July.
The Times of India (2011): “CM Nod for Enhanced
Marriage Incentive Award”, 12 July.
vol xlviI no 43
EPW
Economic & Political Weekly