DIVORCE AND SEPARATION THROUGH AN ANTHROPOLOGICAL

LENS
Dr. Kartic Godavarthy
In this document, we will be looking at divorce and separation through an anthropological lens, and
look at the situation in India. We will also be seeing the various factors that contribute to a higher
divorce rate in recent years.
Divorce is an institutionalised form of dissolution of marriage. Divorce is not only allowed in almost
every society in the world, but also in some primitive societies, the rate of divorce has been
significantly higher than in modern societies. However, since a very high divorce rate would threaten
the family's roles in the maintenance and socialisation of children, in all societies, divorce is regulated
and restricted in some way.
Divorce contributes to the definition of more titles that can derive from remarriage that can occur
after the divorce, and new relations are formed, such as stepmother, half sibling, and more, for kinship
relationships. As our society is mostly based around the family unit in which a mother and father are
expected to raise the children they bring into this world through blood relationships, divorce is also
seen from a negative viewpoint. Once a divorce and remarriage occurs, the parenting structure is
changed from the general blood line to that of others who are not related to blood, such as step-
mother and step-father, step-children or step-sisters. This helps to show us that kinship relations are
not necessarily limited to blood relatives or one universal standard.
Divorce laws vary from country to country, but they are usually governed by a judge or other
governmental authority. The legal process of divorce may include the property division, maintenance,
child custody, child support, and the division of shared debts.
DATA FROM INDIA:
According to the recent census, about 0.25% of India's total married population is divorced (about
1.36 million people). This figure is negligible compared to the US or European countries, but it has
actually increased significantly since the 1980s.
The divorce rate data in India is based on the national census, which allows citizens to label their status
as 'never married,' 'separate,' 'divorced,' 'widowed,' or 'married'. It is important to note that
separation is more prevalent than divorce in India.
The distinction between separation and divorce is that spouses will continue to make medical and
financial decisions about each other even though they are separated, because they still have many
marital rights in most countries. There is still a chance of reconciliation, and legally the marriage is not
fully terminated when a separation has taken place. This means that separated spouses cannot legally
marry anyone else, whereas after a legal divorce, one can remarry.
• The number of people separated is nearly three times greater than the number of people who
are divorced. 0.61percent of the married population are separated, and 0.29 per cent of the
total population of married individuals are divorced.
• The number of women who have declared their status as "divorced" or "separated" in the
census is much higher than the number of men.
• This might be because it is much more difficult for women to remarry after a divorce, whereas
it is easier for a man to remarry.
A major study by economist Suraj Jacob and anthropologist Sreeparna Chattopadhyay looked at data
from the Indian census to provide-possibly for the first time-some insights into divorce and separation
in India.

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 • Divorce rates in the north-eastern states are comparatively higher than anywhere else in
India.
• Mizoram has the highest divorce rate (4.08 per cent), more than four times that of Nagaland,
the state with the second highest divorce rate (0.88 percent).
• Divorce and separation rates in the North-Eastern States, where tribal laws allow for informal
relations, and women perhaps enjoy relatively higher status due to a matrilinear system.
• Gujarat reports the maximum number of divorce cases among larger states, (havinga
population of more than 100 Lakh)followed by Assam, Maharashtra, West Bengal and Jammu
and Kashmir.
• Meghalaya has the most cases of separation, followed by Mizoram, Sikkim, Kerala and
Chhattisgarh. Three of these five states are located in north-eastern India.
• RURAL Vs. URBAN: The gap between divorce and separation in towns and cities, and villages
is "very low"-a finding that came as a "big surprise" to the researchers. This shows that
residence does not seem to make a huge difference in divorce rates.
THE PROBLEMS FACED BY DIVORCED WOMEN IN INDIA:
A recent ethnographic study by Aura and Siru (2021) of women who have experienced divorce in
Southern India has revealed a lot of information on the ground level.
The study explores the multiple dilemmas of divorced and separated women including
• complicated legal battles
• practical issues such as financial support
• finding and making a new residence for themselves
• re-establishing relationships with their relatives and friends, etc.
• As marital breakdown inherently transforms the social network of women, it forces them to
build alternative relationships and, at the same time, to reconstruct themselves and their
lives.
• As we saw earlier, there is a trend where it is more likely for a man to remarry after a divorce,
as compared to a woman in India.
CAUSES OF HIGH DIVORCE RATES:
Many divorces are probably the result of long periods of mutual alienation between the couple, but
we can also say that certain aspects of culture and social structure are likely to be associated with a
high rate of divorce.
In general, rate of divorce is increased by certain factors such as
• when circumstances promote incompatibility between husband and wife,
• when barriers to divorce are decreased, and
• when alternatives to unhappy marriage are available that are satisfactory.
• Factors that produce a high rate of divorce have an unequal impact on different groups within
the population of any specific country (meaning that each of these factors will not have the
same effect on different groups). As a result, the rate of divorce varies depending on religion,
occupation, race, social class, and other status.
The "causes" of high divorce rates are explained below:

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 1. Religious tolerance of divorce: the high rate of divorce in Egypt and Japan is partly due to the
lack of religious barriers. Religion can act as a barrier to divorce or be more tolerant towards
it, for example, Protestant countries tend to be more tolerant of divorce than Catholic
countries.
2. Divorce laws no longer being stringent: Divorce laws may be unpopular, but they do tend to
reduce the divorce rate.
• For example, in England, Divorce used to cost 500 pounds or more, and a spouse had to
establish that adultery took place. When a series of liberal changes in the law were taken,
divorce rates increased dramatically. There was clear evidence that many people
previously had been prevented from obtaining the divorces they desired. Legal reforms
made up for about 20% of the increase in divorce rates in Europe between 1960 and 2002.
• One third of all marriages end in divorce in Australia and the laws are not as strict.
3. Industrialisation: Industrialization has helped reduce the significance of the family as a unit,
and has created employment for women, freeing them from financial dependency on males.
• Also with commercialization of many services, both men and women are now freed
somewhat from the need to cook, wash, clothe, and entertain at home.
• Divorce rates have been going up in all industrialised countries. That may be because
relationships appear to be focused on common participation in recurring activities, and
the increasing Trade and market activities have seemed to reduce the amount of
cooperative activity in the household. Husband and father are probably still the head of
most households, but their authority is being exercised in a more and more restricted area
and it is more resented. It is at least plausible that industrialization and high divorce rates
are connected.
4. Urbanization: Urbanization, of course, is related to industrialization. Sweden has a high
divorce rate, while Norway has a lower divorce rate. The comparison of these two countries
is interesting since they share similar Scandinavian culture. Urban life is associated with high
divorce rates because urban neighbours do not appear to have social control over the conduct
of each other. (We see more about social influence and control in the chapter on political
anthropology)
5. Birth control and reduced number of children: Industrialization, accompanied by a decrease
in the birth-rate, took place after the introduction of birth control.
• Because children hardly contribute to the family income, they are very expensive to raise.
• Children don't necessarily make marriage easier, but they tend to influence whether
couples divorce, as couples with children tend to choose divorce less frequentlythan those
without children.
6. Vertical Mobility: Vertical mobility causes high divorce rates because the spouses need to
adjust equally well or with equal speed to the new social setting.
• The husband is often more capable of adapting to the change due to wider social
contracts.
7. Heterogeneity of Population: The likelihood of marriage between culturally and socially
incompatible individuals is higher in a heterogeneous population. Highly incompatible couples
may choose to separate or divorce.
8. Greater Geographical Mobility: Mobility is greatly increased by the advent of mass
transportation, as well as travel by air, water, and rail.
9. Heterogeneity of population: Modern heterogeneous societies make marriage between
culturally and socially incompatible people more possible. However, the incompatibilities, if
they are too difficult to work out, can lead to divorce.

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 10. Greater Regional Mobility: Moving from one location to another, which of course is made
simpler by the transportation facilities built in industrialised countries, reduces still more the
social power of local groups.
11. Domestic Violence: Domestic violence includes abusive or violent acts by one spouse/partner
against another in an intimate relationship.
• In India, over 27% of females have experienced domestic violence since the age of 15.
One-third of Indian women are subject to violence in different forms.
• Unfortunately, India does not have any mandatory reporting systems in place such as
reporting injuries that are suspected to be a result of domestic violence.
• Because of entrenched patriarchal patterns, domestic abuse is mostly viewed as a private
family matter.
• Legal provisions exist (e.g., Section 498(A) of the Indian Penal Code and Security of
Women from Domestic Abuse Act (PWDVA)), but most women seeking redress seek
reconciliation rather than legal interference.
• Even in the worst-case situation, victims seem to prefer divorce rather than an assault
case against the abuser because of the difficulties of a prolonged court case, or challenges
to starting a new life after the legal battle.
12. Alcoholism and drug abuse: Abuse of alcohol or drugs is much more likely to lead to divorce.
• The same trends were observed across countries and were not limited to the USA or one
area.
• A research from Boston University in 2007 examined the impact of high alcohol
consumption on young people.
• Alcohol abuse and addiction are considered the number one cause of divorce before the
age of 30 for married people.
13. Romantic Views and High Demands on the Intimate Affectionate Side of Marriage: The
romantic view of marriage is argued to be overemphasised in media, and been highly
criticised. The critiques state that young people have too high a view of romantic love and
marriage.
• One of the challenges in modern marriage is the difficulty of judging how burdensome or
excessive some expectations are, and which are not.
• Despite the fact that marriage used to be a required aspect of life, this is no longer the
case. The weightage of different reasons for joining and staying in marriage must have
changed over time.
• Romantic love, in modern society, does play some meaningful roles. People are trying to
have more personal love now than in the past. However, whether this concentration on
romantic love creates greater stability, on average, or greater instability in marriage is
difficult to tell.

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References and read more:
Jacob, Suraj & Chattopadhyay, Sreeparna. (2016). Marriage Dissolution in India. Economic and Political
Weekly. Vol. 51.
Nongbri, T (2001): “Democracy, Gender and Tribes: A Critical Appraisal of India’s Constitutional Poli-
cies,” Indian Anthropologist, Vol 31, No 2, pp 1–14.
Xaxa, V (2004): “Women and Gender in the Study of Tribes in India,” Indian Journal of Gender Studies,
Vol 11, No 3, pp 345–67.
Amato, Paul. (1994). The Impact of Divorce on Men and Women in India and The United States. Journal
of Comparative Family Studies. 25. 207-221.
Aura, Siru. (2021). Women and Marital Breakdown in South India : Reconstructing Homes, Bonds and
Persons.
See http://www.divorcerate.org/divorce–rate–in–india.html

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