research paper on family law in india

Gender Perspectives in Private Law pp 43–61 Cite as

Family Matters: Gender, Community and Personal Laws in India

Ishita Banerjee-Dube 6
First Online: 16 February 2023

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Part of the book series: Gender Perspectives in Law ((GPL,volume 4))

This chapter provides a detailed and critical account of the genesis, evolution, application, and implications of family laws for religious communities that came into existence in colonial times and are operative in contemporary India. It probes the discrepancy between the normative ideals of “family” in law and the actual experience of women within marriage and family to examine the vital and varied issues raised with regard to marriage and the rights of spouses brought into relief by the presence of communitarian/collective “Religious Personal Laws”. Such laws, apart from raising crucial questions about the nature of the “Personal” in rights that are granted to communities or collectives, offer valuable insights into gender inequality within family and matrimony. Learning from these insights, and the serious conflicts over “legal pluralism” reflected in the simultaneous presence of Personal Laws and Uniform Codes, and everyday experience, women of the communities, feminist lawyers, legal scholars, activists, empathetic lawyers and judges, and members of alternative dispute resolution forums have recognized the need to move beyond value judgments to ground laws to be more sensitive and just to gender in their framing and application.

Personal laws
Supreme court
Gender justice

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The English East India Company, established as a joint-stock company of traders and merchants based in London towards the end of 1600 to participate in the vibrant Indian Ocean trade, was granted monopoly over all trade between England and Asia by a Royal Charter of 31 December 1600. In 1613, the Mughal emperor Jahangir allowed the Company to set up factories in India. Interested in textile and spices, the Company set up factories near the ports of Madras (Chennai), Bombay (Mumbai) and Hugli (and later Calcutta) in Bengal and gradually moved into the hinterland from the ports trying to control the producers as well as inland trade that involved it in clashes with local rulers. The Company’s military triumph over the nawab of Bengal in 1757 and subsequently against a combine of the nawabs of Bengal and Awadh and the Mughal Emperor in 1764, gave it great powers over the flourishing Bengal Presidency; it also got the right to collect the revenue of the province from the Mughal Emperor in 1765. The Company’s entry as the revenue collector occasioned a devastating famine in Bengal in 1770–71. Warren Hastings was appointed as Governor General the following year by the Directors of the Company.

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Banerjee-Dube, I. (2023). Family Matters: Gender, Community and Personal Laws in India. In: Carapezza Figlia, G., Kovačević, L., Kristoffersson, E. (eds) Gender Perspectives in Private Law. Gender Perspectives in Law, vol 4. Springer, Cham. https://doi.org/10.1007/978-3-031-14092-1_3

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20 Jul 2023
3 mins read

Model Code on Indian Family Law, 2023

The Model Code, along with the accompanying commentary, provides the first glimpse of what a comprehensive, gender-just, and inclusive family law regime in modern India could look like.

In November, 2022 the Supreme Court of India started hearing the marriage equality matter to decide whether same sex/gender persons have a fundamental right to marry. While the issue before the Court was in relation to marriage, the hearings reveal that a recognition of a right to marry has to be accompanied by reform of family laws to make them inclusive of persons of all sexual orientations and gender identities. This is because family laws in India operate on the presumption that everyone is heterosexual and identifies within the binary of male or female gender. Consequently, a commitment to equality demands that the concept of family is expanded beyond the heterosexual marital unit.

Subsequently, in June of 2023, the 22nd Law Commission of India (‘LCI’) issued a public notice to solicit views on a Uniform Civil Code (‘UCC’). A large-scale rewriting of Indian family law has been the long-standing demand of the proponents of the UCC. The LCI’s announcement was met with a variety of responses. While some supported the idea of the UCC in principle, others argued that it would serve as a vehicle for erasing the cultural identities and rights of religious minorities and indigenous communities. Some opined that the decision to support or reject a UCC would boil down to its contents. In July, a draft UCC was submitted by the Uttarakhand UCC Committee to the State Government for consideration. It has been alluded that this draft may serve as a template for a nation-wide UCC. The contents of the draft Uttarakhand UCC are yet to be made public.

These recent developments demonstrate the importance for stakeholders to critically engage with the future of family laws in India. Despite the constitutional vision of equality, liberty and dignity, family laws in India continue to discriminate on the basis of sex, exclude queer persons, and fail to account for the plurality of family arrangements outside the heterosexual marital unit. Consequently, it is an opportune time to push for a progressive and inclusive family law code. A progressive family law reform exercise is not just necessary for queer inclusion and ending sex-based discrimination but to expand the concept of the family beyond its present understanding of family being defined by only blood, marriage and adoption. Such an exercise must be informed by constitutional principles, must recognise the plurality of families prevalent in India as well as their evolving nature, while being cognisant of the country’s social context.

A Draft Family Law Code

In response to the marriage equality matter and the proposal for a UCC, the Vidhi Centre for Legal Policy (‘Vidhi’) has released a comprehensive and inclusive draft family law code (‘draft code’) for discussion and public consultation. This draft code is the first version of what a progressive, gender-just and inclusive family law code can look like. Such a draft code does not propose to serve as a majoritarian UCC and is instead informed by constitutional principles of equality, dignity and liberty. It provides for inclusion of persons of all gender identities and sexual orientations, does away with provisions that discriminate on the basis of sex, affirmatively protects rights of vulnerable parties in a family, and extends legal recognition to the plurality of family structures prevalent in India. The draft provides for legal recognition and regulation across three areas of family law: adult unions, parent-child relations, and succession. If you would like to participate in discussion and public consultations or have any other clarification of feedback on this draft code, please write to us here .

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About the authors.

Ayushi is a Research Fellow in the Criminal Justice Reforms team at Vidhi. Prior to joining Vidhi, Ayushi worked at Nirma University as an Assistant Professor and National Forensic Sciences University, Gandhinagar as a Teaching and Research Associate. She has also worked with the Logistic Division, Ministry of Commerce and Industry, and advised on issues related to Maritime Regulatory Framework. Ayushi graduated from Rajiv Gandhi National University of Law, Punjab (RGNUL) in 2018 with a BA., LL. B (Hons.) and obtained her LLM degree in Constitutional and Administrative Laws from the Indian Law Institute, Delhi in 2019. She is currently pursuing her doctoral studies at National Law Institute University, Bhopal (NLIU) where her research is focused on violence against sexual minorities.

Kartavi is a research fellow working with the Legal Design and Regulation Team. She completed her B.Sc. LLB (Intellectual Property Hons.) from National Law University Jodhpur in 2018 and obtained her LLM degree from National University of Singapore in 2022. Prior to joining Vidhi, she also worked as a Legal Researcher at the Delhi High Court where she worked on matters ranging from service law and IPR disputes to constitutional law. Her research interests lie in the areas of access to justice, technology policy and digital divide, climate change policy and education. Kartavi also enjoys theatre, cinema and asian literature.

Mayuri is a Milon K Banerji Research Fellow at Charkha, Vidhi’s Constitutional Law Centre. Currently, she is pursuing a Ph.D from Gujarat National Law University. She obtained her LL.M in Constitutional and Administrative law from Gujarat National Law University in 2017 with a R B Mehta Gold Medal. She graduated with a B.A. LL.B. (Hons.) from Amity Law School, Lucknow in 2016. Her area of interest includes constitutional law with current research focus on areas of federalism and local government. She regularly writes research papers for various journals, national & international seminars, conferences, etc. Prior to joining Vidhi, she worked as an Assistant Professor of Law.

Rakshita is a Research Fellow with the Legal Design and Regulation team. Rakshita graduated from National Law University, Jodhpur with a B.A., LL.B. (Hons.). Prior to joining Vidhi, she has worked at the Centre for Policy Research and PRS Legislative Research. Her research areas have involved federal water governance, and health, technology and environment laws. She is broadly interested in understanding the social, political and economic contexts behind the law and how systems can be designed to better fit these contexts.

Aditya is currently a Senior Resident Fellow in the Research Director's Office at the Vidhi Centre for Legal Policy. He graduated from the NLSIU Bangalore in 2021 with a BA LLB (Hons). His areas of interest include constitutional law, civil procedure, and dispute resolution. He has academic publications on constitutional law, legislative drafting, and arbitration law in journals such as Statute Law Review and Arbitration International. At Vidhi, he has been providing legislative drafting assistance to various Ministries, Departments, and Authorities of the Central Government and various State Governments.

Namrata is a Senior Resident Fellow in the Legal Design and Regulation Vertical at Vidhi. She primarily handles engaged and commissioned projects from various ministries, statutory authorities and regulators by providing legal research and legislative drafting support. At Vidhi, she has worked with the Ministry of Electronics and Information Technology, the Ministry of Economic Affairs, the Ministry of Women and Child Development and the Department of Consumer Affairs. Namrata also works extensively on queer rights and has initiated and worked on numerous projects on rights of gender and sexual minorities. She has written for the Hindu, the Firstpost, the Economic Times, the Leaflet, Article 14, Indian Express and Varta GenSex Policy Matters. Prior to Vidhi, Namrata taught at the Jindal Global Law School and the West Bengal National University of Juridical Sciences (‘NUJS’), worked with the Migration and Asylum Project on labour laws and policy, the Centre for Popular Democracy in New York City, and the Public Law and Vidhi Aid verticals at Vidhi. She has a BA/LLB from NUJS and a LLM from Columbia Law which she attended in the capacity of a Human Rights Fellow

Swapnil Tripathi is a DPhil candidate at the Faculty of Law, University of Oxford

Anuradha Bhattacharya works as a Project Fellow in Vidhi's Corporate Law and Financial Regulation team.

Aakanksha was a Project Fellow at Vidhi Delhi. She is currently working on a project with the Law, Finance & Development Team, where she provides legal research and drafting support at various stages of law-making. Aakanksha works on a variety of legal and regulatory matters and allied issues in public policy. Prior to joining Vidhi, Aakanksha worked at J. Sagar Associates, Gurgaon in the General Corporate and Mergers & Acquisitions Team. She has extensively worked in employment and corporate advisory during her time at J. Sagar Associates. She has also been involved in various reported transactions. Aakanksha graduated from the Jindal Global Law School in 2019 with a B.A., LL.B. (Hons.) and obtained her LL.M. degree in International Labour Law & Employment Relations from Tilburg University, the Netherlands in 2022. She is very passionate about rights of employees engaged in the informal sector of the country

Ritwika is a Senior Resident Fellow and Lead at Charkha, Vidhi’s Constitutional Law Centre. Her current research is focused on comparative federalism, local governments, and electoral reforms. From 2014-17, Ritwika was a Research Fellow in the Public Law vertical at Vidhi. She advised several departments and regulatory authorities under the Government of India, on questions concerning constitutional validity of proposed legislation, legislative competence of the Union and states, and contours of the powers and functions of regulators. Ritwika also assisted the Union of India in preparing its written submissions in the National Judicial Appointments Commission (NJAC) Case. Between 2019-2020, Ritwika worked as a Research Associate at DAKSH, Bengaluru. She obtained her LL.M. from the University of Cambridge in 2018. She graduated with a B.A. LL.B. (Hons.)) from the Indraprastha University, Delhi in 2013, and the LL.M. from the NALSAR University of Law, Hyderabad in 2014. Ritwika is the co-editor of “Appointment of Judges to the Supreme Court of India: Transparency, Accountability and Independence” (Oxford University Press, 2018), a volume of essays addressing the politics, doctrine, and crucial developments pertaining to judicial appointments in India.

Arghya is the Founder and Research Director at Vidhi. His areas of specialisation are constitutional law and regulation of the digital economy. He has served on a number of government committees including the B.N. Srikrishna-led committee of experts on a data protection framework for India. Arghya has a number of academic publications on the Supreme Court and the Constitution in leading law journals such as Law Quarterly Review and Public Law. He is also a columnist at The Telegraph and The Times of India. He has most recently authored a book “Independence and Accountability of the Indian Higher Judiciary” (Cambridge, 2019) which builds on his doctoral work at Oxford University. Prior to founding Vidhi, he was at Oxford as a Lecturer in Administrative Law at Pembroke College.

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RESEARCH PROJECT OF FAMILY LAW II ON THE TOPIC

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The laws dealing with intestate and testamentary succession in India are not uniform. A variety of laws are in vogue whose application depends on multiple factors. While the Hindus, Muslims, Christians, Parsis and the Jews have distinct personal laws of their own, the Scheduled Tribes in India are governed by their uncodified customary laws of inheritance and enjoy constitutional protection of their culture and identity. Customary laws of tribals are majorly left untouched based on the assumption that it is in the best interests of the concerned tribal communities. The same, however, need not be necessarily true. Further, women empowerment and gender justice is a common phenomenon of modern democratic world which is receiving a high degree of popularity in all the societies but nevertheless, it must be implemented keeping in view social concerns and with the help and support of each and every component of society. A woman can be said to be truly empowered when she is economically so and this depends, inter alia, on their right to hold and inherit property.

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Vivek Sharma

Devendra Damle

In India, statutes governing individuals on matters of personal law (marriage, divorce, inheritance, adoption) differ as per the religion of the individual. In this framework, matters of inheritance of property amongst Hindus, Buddhists, Jains and Sikhs are governed by the Hindu Succession Act, 1956 (HSA). This legislation applies to the transmission of all assets owned by Hindus. The provisions of the HSA discriminate against Hindu women by prescribing different rules for devolution of property held by men and women. These provisions have the effect of excessively, and unfairly prioritising the husband’s family in the scheme of devolution as compared to the woman’s own family, even when the property belongs to the woman. The legislation is a product of an era when it was inconceivable for Indian women to own and acquire property. However, these biases continue to be perpetrated upon Hindu women in India today. This discrimination is ultra vires of Articles 14 and 15 of the Constitu...

Journal of Law and Religion, 25th Anniversary issue. Vol. XXIV, No. 2, 101-122.

Prof. Jaishankar Karupannan , Dr.Debarati Halder,Ph.D

The right to succeed ancestral property for the Hindu women can be traced back to ancient Hindu literature like the Vedas, Puranas, Ramayana and Mahabharata in the form of Stridhan. Indian succession laws since time immemorial gave women a separate status for inheriting ancestral and marital properties. But a gradual degradation in women’s position as property owner was noticed during the period of Manusmriti and it became worse during the medieval period. During the pre-British period, Indian succession laws were guided by customary and Shastric laws where women were nearly excluded from inheriting the parental property. However, the British colonial rule re-established women as successors, even though to a very limited extent. After Independence, India had several succession laws, but the position of women was never equal to their male counterparts. The reason for such inequality lies in the history of patriarchal Indian society and in the ambiguous status of women in Hindu society since the ancient period. It was only in 2005, that the five thousand year-old discrimination of women with regard to succession of landed properties was lifted by the Hindu Succession (Amended) Act 2005. This article attempts to review the developments carried out by the ancient law givers as well as modern legislatures in India regarding succession rights of Hindu women, and critically examines the new status of Hindu women as property owners.

Aneez Lallans

Family Law Research Paper Topics

This page explores family law research paper topics , designed to assist law students in their academic pursuits. It provides a comprehensive list of topics divided into 10 categories, each containing 10 subject ideas, along with an insightful article on family law and its research paper possibilities. Additionally, readers will find guidance on selecting appropriate research topics, essential tips for crafting exceptional papers, and information about iResearchNet’s custom writing services.

100 Family Law Research Paper Topics

In the realm of family law, the breadth of topics is as diverse as the intricacies of familial relationships themselves. From the dissolution of marriages and custody battles to the protection of vulnerable family members, family law encompasses a wide range of legal issues that are vital to the fabric of society. For students pursuing legal studies, delving into family law research paper topics presents an opportunity to explore the complexities of human connections and the evolving nature of family dynamics. In this comprehensive section, we present a curated list of family law research paper topics, organized into ten categories, each offering ten unique and thought-provoking subjects. Whether you are a law student seeking inspiration for your research or a curious mind eager to understand the intricate facets of family law, this collection promises to illuminate the vast landscape of this compelling legal discipline.

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Marriage and Divorce:

The impact of no-fault divorce on the institution of marriage.
Analyzing the rise of gray divorce and its social implications.
Legal challenges and remedies for enforcing prenuptial agreements.
A comparative study of marriage and divorce laws in different jurisdictions.
The role of religious law in divorce proceedings and its interaction with state law.
The impact of cohabitation on marriage laws and rights.
Exploring the concept of legal separation as an alternative to divorce.
The effects of social media on divorce proceedings and evidence gathering.
Analyzing the division of property and assets in high-net-worth divorces.
The role of family counseling and therapy in divorce cases.

Child Custody and Support:

Exploring the best interests of the child standard in child custody cases.
The influence of gender stereotypes in child custody determinations.
Assessing the effectiveness of child support enforcement mechanisms.
The legal rights and challenges faced by non-biological parents in custody battles.
The impact of parental relocation on child custody arrangements.
Analyzing the role of child custody evaluations in court proceedings.
The effects of parental alienation on child custody and visitation rights.
The role of grandparents’ rights in child custody disputes.
Examining the rights of unmarried fathers in child custody cases.
The impact of substance abuse on parental rights and child custody.

Domestic Violence and Protection Orders:

Analyzing the role of law enforcement in responding to domestic violence incidents.
The effectiveness of restraining orders in preventing domestic abuse.
The intersection of family law and criminal law in cases of domestic violence.
The role of community resources in supporting victims of domestic violence.
The impact of domestic violence on child custody determinations.
Analyzing the correlation between substance abuse and domestic violence.
The role of mandatory reporting laws in domestic violence cases.
The impact of technology on domestic violence and cyberstalking.
Examining the rights of same-sex couples in domestic violence cases.
The role of restorative justice in addressing domestic violence.

Adoption and Surrogacy:

The legal complexities of international adoption and its impact on the adoptive family.
The ethical and legal implications of commercial surrogacy arrangements.
The challenges faced by LGBTQ+ individuals in the adoption process.
Analyzing the rights and responsibilities of biological and adoptive parents.
The evolving legal landscape of surrogacy in modern society.
The impact of open adoption on birth parents, adoptive parents, and the child.
The role of adoption agencies and facilitators in the adoption process.
Exploring the rights of adoptees to access their birth records.
The legal and ethical considerations of international surrogacy arrangements.
The impact of adoption subsidies and financial incentives on adoption rates.

Same-Sex Marriage and LGBTQ+ Rights:

The journey towards marriage equality and its impact on LGBTQ+ families.
Legal challenges faced by same-sex couples in adopting children.
The protection of LGBTQ+ rights in the context of religious freedom.
Analyzing the impact of legal recognition on same-sex relationships and families.
A comparative study of LGBTQ+ rights and protections in different countries.
The role of family law in recognizing non-binary and gender nonconforming individuals.
Examining the rights of LGBTQ+ individuals in assisted reproductive technologies.
The impact of conversion therapy bans on LGBTQ+ youth and families.
The legal implications of discrimination based on sexual orientation in family law.
Exploring the rights of LGBTQ+ individuals in elder care and end-of-life decisions.

Child Protection and Welfare:

The role of child protective services in safeguarding children’s well-being.
The legal and ethical implications of removing children from their homes.
Analyzing the effectiveness of family preservation programs in child welfare.
The intersection of family law and child protection in cases of neglect and abuse.
Examining the rights of children in foster care and group homes.
The impact of the opioid epidemic on child welfare and custody cases.
The role of the juvenile justice system in addressing child maltreatment.
The rights of immigrant and refugee children in child protection proceedings.
The impact of social and economic factors on child welfare outcomes.

Elder Law and Aging:

The legal and ethical implications of elder abuse and neglect.
The role of legal guardianship and conservatorship in protecting vulnerable adults.
Analyzing the impact of healthcare decision-making laws on aging populations.
The challenges of providing long-term care and support for aging adults.
The impact of age discrimination laws on employment and retirement.
Examining the rights of LGBTQ+ seniors and their access to legal protections.
The role of advanced directives and living wills in end-of-life decisions.
The legal rights and challenges faced by aging adults in family disputes.
The impact of housing laws and policies on the elderly population.
Analyzing the intersection of family law and elder law in inheritance and estate planning.

International Family Law:

The challenges of cross-border marriages and divorce proceedings.
Analyzing the role of international treaties and conventions in family law cases.
The legal and cultural complexities of international child abduction cases.
The impact of immigration laws on family reunification and separation.
Examining the recognition and enforcement of foreign family law judgments.
The role of international adoption laws and policies in protecting children’s rights.
Analyzing the legal challenges faced by binational and multicultural families.
The impact of international surrogacy arrangements on parentage and citizenship.
The role of international organizations in promoting family law harmonization.
Exploring the jurisdictional conflicts in international family law disputes.

Mediation and Alternative Dispute Resolution:

The role of mediation in resolving family law disputes and promoting cooperation.
Analyzing the effectiveness of alternative dispute resolution methods in divorce cases.
The impact of court-ordered mediation on family law proceedings.
The role of family law attorneys as mediators in conflict resolution.
Examining the rights and autonomy of parties in family law mediation.
The use of collaborative law in addressing complex family law matters.
Analyzing the cultural and ethical considerations in family law mediation.
The impact of online mediation platforms on access to justice in family law.
The challenges and benefits of enforcing mediated agreements in family law cases.
Exploring the role of restorative justice principles in family law disputes.

Family Law and Social Justice:

Analyzing the intersectionality of family law with race, gender, and socioeconomic status.
The impact of family law policies on marginalized and vulnerable populations.
Examining the rights of immigrant families and access to legal protections.
The role of family law in addressing the needs of individuals with disabilities.
The impact of family law reforms on social and economic inequality.
Analyzing the role of family law in addressing domestic violence and trauma.
The challenges and opportunities of culturally competent family law practice.
The impact of family law on indigenous and tribal communities.
The role of family law in promoting gender equality and women’s rights.
Exploring the potential for transformative family law reforms to advance social justice.

As we conclude our comprehensive list of family law research paper topics, we hope to have sparked your curiosity and ignited a passion for exploring the legal complexities that govern familial relationships. Family law plays a pivotal role in shaping the lives of individuals and families, and research in this field has the power to drive transformative change and improve the lives of countless individuals. Whether you choose to explore the nuances of child custody battles, delve into the ethical considerations of adoption and surrogacy, or analyze the impact of family law on social justice, your research endeavors will contribute to a deeper understanding of the challenges and opportunities faced by families in today’s society. As you embark on your journey of exploration, remember that each topic in family law offers a gateway to insights, empathy, and a profound understanding of the human experience. We encourage you to select a topic that resonates with your interests and values, and embark on a research journey that has the potential to leave a lasting impact on the lives of individuals and families alike.

Family Law: Exploring the Range of Research Paper Topics

Family law, a fundamental branch of legal practice, holds paramount importance in society as it governs the intricate relationships and dynamics within families. It deals with a myriad of legal issues that arise from marriages, divorces, child custody, adoption, domestic violence, and more. Family law is deeply intertwined with the human experience, shaping the lives of individuals and families alike. In this article, we will delve into the significance of family law and explore the vast range of research paper topics it encompasses.

The Significance of Family Law

Family law plays an indispensable role in the legal system, seeking to protect the rights and interests of individuals within the context of family relationships. One of the primary focuses of family law is marriage, where it plays a crucial role in regulating the formal union between two individuals and outlining their rights and obligations as spouses. Additionally, family law is instrumental in handling divorce cases, addressing the legal dissolution of marriages, division of assets, alimony, and child custody arrangements. By providing a legal framework for these sensitive matters, family law aims to mitigate conflicts and ensure fair outcomes for all parties involved.

Another vital aspect of family law is child custody and support, which aims to safeguard the best interests of children during and after divorce or separation. Determining custody arrangements and establishing child support payments can be emotionally charged and complex, necessitating the involvement of legal professionals to ensure the welfare of the children.

Moreover, family law encompasses the realm of adoption, offering guidance on the legal process of establishing parental rights for adoptive parents and ensuring the well-being of adopted children. Adoption presents an array of legal and ethical considerations, making it a compelling area of research within family law.

The complexities of family law extend to addressing instances of domestic violence and abuse. Legal interventions such as restraining orders and protective measures aim to safeguard victims and provide them with the necessary support and protection from abusive situations.

Exploring Research Paper Topics in Family Law

The wide-ranging scope of family law provides a plethora of research opportunities for law students and scholars alike. Research in family law can delve into various thought-provoking topics, such as the impact of no-fault divorce laws on family dynamics, the legal complexities of surrogacy agreements, or the role of mediation in resolving family law disputes. Scholars can also examine the evolving nature of family structures, the protection of LGBTQ+ rights within the context of family law, or the legal measures in place to protect minors from early and forced marriages.

Family law research extends beyond legal boundaries and intersects with other areas, allowing for interdisciplinary exploration. Researchers can investigate how family law intersects with immigration law in cases involving international adoption or divorce, or how criminal law is involved in cases of domestic violence.

The Evolving Nature of Family Law

Family law is an ever-evolving field, reflecting changing societal norms, values, and legal precedents. As new challenges emerge, such as advancements in reproductive technologies and evolving definitions of family structures, family law continually adapts to address these issues.

Additionally, cultural, social, and economic factors significantly influence family law. Variations in legal systems across different countries and regions present unique research opportunities to compare and contrast family law practices worldwide.

Family law stands as a critical pillar of the legal system, touching upon the most intimate aspects of individuals’ lives. The diverse range of research paper topics within family law provides students and researchers with the opportunity to delve into complex legal, ethical, and social issues. From examining the evolving nature of family structures to addressing the challenges of child custody and domestic violence, family law research contributes to the betterment of families and society as a whole. As students and scholars embark on their research journeys in family law, they have the potential to unravel the intricacies of human relationships and make meaningful contributions to the field of law and beyond.

How to Choose Family Law Research Paper Topics

Selecting an engaging and relevant research paper topic is crucial for a successful exploration of family law. With its vast scope and ever-evolving nature, family law offers a plethora of fascinating subjects to explore. However, the abundance of options can sometimes be overwhelming. In this section, we will provide valuable insights and tips to help you navigate the process of choosing the perfect family law research paper topic that aligns with your interests and academic goals.

Identify Your Interests : Begin by identifying areas of family law that genuinely interest you. Reflect on the topics covered in your coursework, discussions, or previous research. Is there a particular aspect of family law that sparked your curiosity? Choosing a topic that aligns with your passions will not only make the research process enjoyable but also result in a more compelling and insightful paper.
Stay Updated on Current Issues : Family law is a dynamic field that responds to societal changes and emerging issues. Stay updated on current developments, recent court decisions, and legislative changes related to family law. Exploring contemporary issues in your research paper can add relevance and significance to your work.
Review Existing Literature : Before finalizing your research topic, conduct a thorough review of existing literature in family law. Familiarize yourself with key theories, landmark cases, and scholarly publications. This step will not only help you gain insights into potential research gaps but also assist you in formulating a unique perspective for your paper.
Narrow Down Your Focus : With the abundance of topics in family law, narrowing down your focus is essential. Consider the scope of your research and the resources available for your study. A well-defined and focused research question will enable you to delve deeper into the subject matter and produce a more coherent and impactful paper.
Consider Interdisciplinary Approaches : Family law intersects with various other fields, such as sociology, psychology, economics, and public policy. Consider adopting an interdisciplinary approach to your research, as this can enrich your analysis and provide a comprehensive understanding of complex family law issues.
Consult with Professors and Experts : If you find yourself undecided about a research topic, don’t hesitate to seek guidance from your professors or experts in family law. They can offer valuable insights and suggest potential research directions based on their expertise.
Research Ethical Considerations : When selecting a family law research topic, be mindful of ethical considerations, especially when dealing with sensitive issues such as child custody, adoption, or domestic violence. Ensure that your research respects the privacy and dignity of individuals involved in the subject matter.
Balance Originality and Feasibility : While it is essential to choose a unique and original research topic, consider the feasibility of conducting research within your available resources and timeframe. Striking a balance between originality and practicality is key to a successful research paper.
Explore Comparative Family Law : Comparative family law offers an exciting avenue for research, allowing you to analyze family law practices across different jurisdictions and cultures. Exploring the similarities and differences in family law systems can lead to valuable insights and a broader understanding of the field.
Seek Inspiration from Case Studies : Case studies can serve as excellent sources of inspiration for your research paper topics. Analyzing specific legal cases and their implications can provide a real-world context for your research and add depth to your analysis.

In conclusion, choosing a family law research paper topic requires thoughtful consideration and exploration of your interests, current issues, and existing literature. By narrowing down your focus, adopting an interdisciplinary approach, and seeking guidance from experts, you can select a compelling and relevant topic that contributes to the dynamic and ever-evolving field of family law. Remember that a well-chosen research topic is the foundation of a successful research paper, paving the way for a rewarding and enriching academic journey.

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20 family law research topics India

20 family law research topics India -Family law is an area of law that deals with issues that arise in families, such as marriage, divorce, adoption, and child custody. India has a rich history of family law, and there are a wide variety of research topics related to family law that can be explored. In this article, we will explore 20 family law related research topics in India.

1 . Child custody: This topic explores the various laws and regulations regarding child custody in India. It also looks at the challenges that parents face when trying to get custody of their children.

2. Divorce: This topic explores the various grounds for divorce in India, as well as the procedures for filing for divorce and the legal implications of divorce.

3. Domestic violence: This topic explores the various forms of domestic violence in India and the laws and regulations that are in place to protect victims.

4. Adoption: This topic explores the various laws and regulations related to adoption in India, as well as the challenges that adoptive parents face.

5. Child support: This topic explores the various laws and regulations related to child support in India, as well as the challenges that parents face when trying to get child support.

6. Property division: This topic explores the various laws and regulations related to property division in India, particularly in the context of divorce.

7. Alimony: This topic explores the various laws and regulations related to alimony in India, as well as the challenges that divorced individuals face when trying to get alimony.

8. Surrogacy: This topic explores the various laws and regulations related to surrogacy in India, as well as the ethical and legal implications of surrogacy.

9. Same-sex marriage: This topic explores the various laws and regulations related to same-sex marriage in India, as well as the social and cultural implications of same-sex marriage.

10. Inheritance: This topic explores the various laws and regulations related to inheritance in India, particularly in the context of family disputes.

20 family law related research topics India

11. Child marriage: This topic explores the various laws and regulations related to child marriage in India, as well as the social and cultural implications of child marriage.

12. Maintenance: This topic explores the various laws and regulations related to maintenance in India, particularly in the context of divorce.

13. Joint custody: This topic explores the concept of joint custody in India and the challenges that parents face when trying to obtain joint custody of their children.

14. Women’s rights: This topic explores the various laws and regulations related to women’s rights in India, particularly in the context of family law.

15. Muslim family law: This topic explores the various laws and regulations related to Muslim family law in India, particularly in the context of marriage and divorce.

16. Hindu family law: This topic explores the various laws and regulations related to Hindu family law in India, particularly in the context of marriage and divorce.

17. International child abduction: This topic explores the various laws and regulations related to international child abduction in India, as well as the challenges that parents face when trying to get their children back from abroad.

18. Child trafficking: This topic explores the various laws and regulations related to child trafficking in India, as well as the challenges that authorities face when trying to combat child trafficking.

19. Child labour: This topic explores the various laws and regulations related to child labour in India, as well as the challenges that authorities face when trying to combat child labour.

20. Juvenile justice: This topic explores the various laws and regulations related to juvenile justice in India, particularly in the context of family disputes.

family law is a complex area of law that deals with a wide range of issues related to families. There are a variety of research topics related to family law in India that can be explored, ranging from child custody and divorce to surrogacy and same-sex

Family planning in India: The way forward

Poonam muttreja.

Population Foundation of India, New Delhi, India

Sanghamitra Singh

Given the magnitude of the family planning programme in India, there is a need to strengthen the coordination of all its aspects, focusing on planning, programmes, monitoring, training and procurement. The quality of care in family planning must be a major focus area to ensure the success of family planning programmes. Despite serious efforts and progress, India has yet to achieve its family planning goals. Furthermore, there is a need for greater male participation both as enablers and beneficiaries and also address the sexual and reproductive needs of the youth. It is imperative for the government to ensure the prioritization of family planning in the national development agenda. Family planning is crucial for the achievement of the sustainable development goals, and subsequent efforts need to be made to improve access and strengthen quality of family planning services.

Introduction

Over the years, social scientists have argued the relationship between demographic change and economic outcomes, and it is now well established that improving literacy and economic conditions for individuals lowers birth rates, while low fertility in turn plays a positive role in economic growth. Family planning (FP) programmes impact women's health by providing universal access to sexual and reproductive healthcare services and counselling information. FP also has far-reaching benefits which go beyond health, impacting all 17 sustainable development goals (SDGs) 1 ; however, the focus is on goals 1, 3, 5, 8 and 10. FP has been recognized as one of the most cost-effective solutions for achieving gender equality and equity (goal 5) by empowering women with knowledge and agency to control their bodies and reproductive choices by accessing contraceptive methods 1 . A women's access to her chosen family planning method strongly aligns with gender equality. Birth spacing can have great implications on health, for instance, reduction in malnutrition (goal 2) and long-term good health (goal 3) for the mother and the child 1 . Access to contraceptives helps in delaying, spacing and limiting pregnancies; lowers healthcare costs and ensures that more girls complete their education, enter and stay in the workforce, eventually creating gender parity at workplace.

Today, the demographic dividend is in India's favour and FP can and should be used to leverage it. Longer lives and smaller families lead to more working-age people supporting fewer dependents. This reduces costs and increases the country's wealth, economic growth (goal 8) and productivity of the people. Ultimately, these result in reduction in poverty (goal 1) and inequalities (goal 10) leading to the achievement of the SDGs through a multiplier effect.

Research shows that adequate attention to family planning in countries with high birth rates can not only reduce poverty and hunger but also avert 32 per cent of maternal and nearly 10 per cent of childhood deaths, respectively 2 . There would be additional significant contributions to women's empowerment, access to education and long-term environmental sustainability 2 . The United States Agency for International Development (USAID) estimates that ‘every dollar invested in family planning saves four dollars in other health and development areas, including maternal health, immunization, malaria, education, water and sanitation’ 3 , 4 . Thus, investing in family planning is the most intelligent step that a nation like India can take to improve the overall socio-economic fabric of the society and reap high returns on investments and drive the country's growth.

With over half of its population in the reproductive age group and 68.84 per cent of India's population residing in villages, opportunities are plenty but so are the challenges 5 . It is still an unrealized dream of the healthcare system to be able to reach the last mile, especially women belonging to scheduled castes and tribes (SC and ST) in distant and remote parts of the country. As a result, the mortality among these groups is high. Scheduled tribes in India have the highest total fertility rate (3.12), followed by SC (2.92), other backward class (OBC) (2.75) and other social groups (2.35) 6 . Contraceptive use is the lowest among women from ST (48%) followed by OBC (54%) and SC (55%) while female sterilization is the highest among women from OBC (40%) followed by SC (38%), ST (35%) and other social groups (61.8%) 6 . There is an urgent need for universal and equitable access to quality health services including contraceptive methods.

Favourable policy environment to meet high unmet need for contraception

An estimate done by the Ministry of Health and Family Welfare (MoHFW), Government of India, states that if the current unmet need for family planning is met over the next five years, India could avert 35000 maternal deaths and 12 lakh infant deaths 7 . If safe abortion services could be ensured along with increase in family planning, the nation could save approximately USD 65000 million 7 . Yet, the fourth National Family Health Survey (NFHS-4) 8 states that almost 13 per cent of women have an unmet need for family planning including a six per cent unmet need for spacing methods 9 . The consistency in these numbers since the NFHS-3 in 2005-2006 6 suggests that despite increasing efforts to create awareness on the subject, there is an existing gap between a woman's desired fertility and her ability to access family planning methods and services.

There is a direct correlation between the number of contraceptive options available and the willingness of people to use them. As shown in Fig. 1A , it has been estimated that the addition of one method available to at least half of the population correlates to an increase in use of modern contraceptives by 4-8 percentage points. Fig. 1A shows a projection of the rise of modern contraceptive prevalence rate (mCPR) in India, based on the trends observed by Ross and Stover 10 and using the current mCPR of 47.8 for India (from NFHS 4) 8 as the base value.

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Effect of number of contraceptive methods on modern contraceptive prevalence rate (mCPR). (A) The graphic is a projection of the rise in modern contraceptive prevalence rate (mCPR) in India with every additional contraceptive method. This estimation is based on the mCPR of 47.8 from the National Family Health Survey 4 (NFHS-4). Source : Refs 8 , 10 . (B) Evidence on contraceptive method mix in developing countries South/South-East Asia. The mCPR has been represented on a scale of 100 percentage points to depict the distribution of contraceptive method mix for each country. Source : Refs 8 , 13 , 14 .

Expanding the basket of contraceptive choices led to an increase in overall contraceptive prevalence in Matlab, Bangladesh, where household provision of injectable contraceptives in 1977 led to an increase in contraceptive prevalence from 7 to 20 per cent 11 , 12 . As of 2015, injectable and pills together accounted for about 73 per cent of the modern contraceptive usage in Bangladesh, which has an mCPR of 55.6 per cent 13 . In addition to Bangladesh, Fig. 1B shows the mCPR of other neighbouring South East Asian countries such as Bhutan, Indonesia, Nepal and Sri Lanka where the availability of seven (or more) contraceptive methods corresponds with a higher mCPR. India, with five available methods of contraception (as of 2015), recorded the lowest mCPR among these countries ( Fig. 1B ) 8 , 13 , 14 .

In India, efforts have been made over the years by the government to create a favourable policy environment for family planning, in the form of several important policy and programmatic decisions. At the London Summit on Family Planning held in 2012, the Government of India made a global commitment to provide family planning services to an additional 48 million new users by 2020 14 . According to the FP 2020 country action plan 2016 14 , the government aims at focusing on mCPR, keeping in mind the current annual mCPR increase rate of one per cent as compared to the 2.35 per cent annual increase required to reach the FP2020 goals for India 14 . As a signatory of the SDGs in 2015, India has committed itself to achieving good health and well-being (goal 3) as well as gender equality (goal 5) by 2030 15 .

In 2015, the announcement of the introduction of three new contraceptive methods - injectable contraceptive, centchroman and progestin only pills by the government of India 16 indicated a much-needed shift from the terminal method of female sterilization, which accounted for two-thirds of contraceptive use in India until 2015-2016, to more modern limiting methods of contraception 9 . Introduction of new contraceptive methods has always been marred by controversies surrounding their efficacy, side effects and safety. Consistent efforts need to be made to educate not just the users but also the service providers in every aspect surrounding a newly introduced method so that their capacities are strengthened. The users will also benefit from the strengthening of service providers; they will have better, more accurate access to information surrounding various contraceptive options, enabling them to make more informed choices. The third and equally important partner is the media. Greater efforts need to be made by both the government and civil society organizations to educate media to promote unbiased reporting and avoid creating panic on introduction of new methods.

Like any medical solution, contraceptive methods can also have side effects but it is imperative to note that the ability to access the available range of contraceptive choices is every woman's reproductive right. Implementation of pilot programmes is of utmost significance and relevance to generate further evidence on the efficacy of various contraceptives in different contexts. This enables a better understanding of the impediments in introduction as well as sustained usage of new contraceptives. To prevent early discontinuation and also dispel-related myths and misconceptions, women will need proper counselling on the usage and side effects of contraceptives.

Empowering community health workers to ensure better quality of care

India has close to 900,000 Accredited Social Health Activists (ASHAs) who are the access point for meeting the health needs and demands of the remotest sections of the population, especially women and children 17 . In addition to the ASHAs, other community health workers such as the auxiliary nurse midwife (ANM), reproductive, maternal, new born, child and adolescent health (RMNCH) counsellors and adolescent health counsellors are crucial in covering for the shortage of specialized healthcare providers in the country. Capacity building of community health workers can be of significance in reaching the last mile. The training of frontline workers has to be technical and beyond; there needs to be greater emphasis on trainings around community mobilization and counselling for contraceptive technologies, addressing myths and misconceptions prevailing in the communities regarding modern methods of contraception.

Quality of care (QoC), consisting of its crucial components such as access to contraceptive choices, quality counselling services, information and follow ups, can ensure that the unmet need of millions of women across the country is met, and there is an accelerated reduction in fertility. Efficient responsiveness to users not only creates demand but also ensures return of the clients, ensuring long-term effectiveness and sustainability of the programme. To ensure that quality services reach the last mile, services need to be geographically convenient. And finally, quality services cannot be provided in the absence of adequate infrastructure and competent and unbiased service providers and frontline workers.

The landmark verdict in the Devika Biswas versus Union of India case in 2016 made a number of recommendations to ensure a diligent functioning of the Quality Assurance Committees at the State and district levels 18 . The judgment took cognizance of “The Robbed of Choice and Dignity” report of the multiorganizational fact-finding mission led by Population Foundation of India (PFI) on the sterilization deaths in Bilaspur, Chhattisgarh in November 2014 19 . It also directed the State and Union government to move away from a fixed target-based approach for family planning. And finally, it made specific recommendations to the government to improve the quality of services being provided under the family planning programme. This was a significant move to advance women's reproductive rights and choices in the last several decades and ensures a promising way forward for family planning in India.

Recognizing family planning as a human rights issue

Women's health goes beyond providing technical solutions or increasing the availability of contraceptive methods. Of tremendous significance is a woman's agency, choice and access to quality reproductive services. Access to quality family planning is not only a human right; it is extremely important for individual and societal well-being, and for the nation's development as a whole.

Addressing critical indicators such as child marriage and early pregnancy

Child marriage violates the basic rights of children and especially the right to enjoy a free and joyful childhood. India is among the countries with the highest number of girls married before the age of 18 20 . Early marriage is typically followed by immediate childbearing. A systematic review of 23 programmes from Africa, Bangladesh, Nepal and India conducted by PFI showed that social pressure to prove fertility, insufficient knowledge on contraceptives and limited decision-making power among women were the main reasons for the high levels of early pregnancy 21 . The country needs policies in place that empower women, rather than those that restrict access to contraception.

According to NFHS-4, eight per cent women between 15 and 19 yr of age were either already mothers or pregnant 8 . NFHS-4 data also reveals that between 2005-2006 and 2015-2016, the percentage of women (between 20 and 24 yr) married before 18 yr of age dropped by 21 per cent, while there was a 12 per cent decrease in the percentage of men married before the age of 21 8 . While these figures depict a positive trend, one cannot ignore the fact that over one out of four (27% of girls) were married before the age of 18.

The government and civil society organizations should continue to work on the issue of child marriage by adopting different strategies including, but not limited to, raising awareness, behaviour change communication (BCC), community participation, conducting empowerment programmes for adolescents and not merely offering cash incentives.

Easy access to safe abortion services for women

The World Health Organization has stated that ‘every eight minutes a woman in a developing nation will die of complications arising from an unsafe abortion’ 22 . An estimated 15.6 million abortions occur annually in India 23 . Only five per cent of abortions in India occur in public health facilities, which are the primary access point for healthcare for poor and rural women 23 . Unsafe abortions account for 14.5 per cent of all maternal deaths globally 24 and are most common in developing countries in Africa, Latin America and South and Southeast Asia, with restrictive abortion laws, while the unmet need continues to be high. Such abortions are preventable by ensuring access to quality family planning, safe abortion and counselling services as well as by providing comprehensive sex education 25 .

The social stigma surrounding abortion compels women to resort to unsafe abortion methods at the hands of unqualified service providers. In the Indian context, a study conducted in Bihar and Jharkhand found that abortion providers in both the public and private sectors favoured offering abortion and counselling services to married rather than unmarried women 26 . The same study pointed out that only 31 per cent of all participating providers agreed that all women regardless of marital status should receive information on contraception on request 26 . This act of restricting abortion services to women based on their marital status highlights the prejudice of providers against unmarried women and leads to high instances of unsafe abortions in the country.

The Medical Termination of Pregnancy Act (MTP), 1971 intends to provide safe and easily accessible abortion services to women with unwanted pregnancies on the approval of a medical practitioner, provided the pregnancy is within 20 wk gestation 27 . In India, unsafe abortion is routinely performed by unregistered medical practitioners without any medical training as well as by women who prefer to self-medicate themselves. Such practices often lead to severe health complications. According to International Centre for Research on Women, 59 per cent of women in Madhya Pradesh surveyed revealed that they had an abortion because they did not want any more children. In addition, 22 per cent confessed using abortion as a proxy to contraception and as a means of birth spacing 28 .

To improve access to safe abortion services, a draft amendment bill to the MTP Act, 2014 has been proposed by the Ministry of Health and Welfare, which allows abortion between 20 and 24 wk if the pregnancy involves risk to the mother and child or has been caused by rape 29 . It would also allow Ayurveda and Unani practitioners to carry out medical abortions. While increasing the time limit is in line with the technological advancements and would give the couple adequate time to decide, it can also lead to an increase in sex-selective abortions in the country.

Finally, there is a paradox when it comes to men's attitude towards abortion which needs to be acknowledged and addressed. Men need to be more involved in every dimension of sexual and reproductive health and family planning, right from being users of contraception to being supportive partners to their significant other as she makes a crucial decision about abortion.

Enhanced male engagement in family planning

In many parts of the world including India, family planning is largely viewed as a women's issue. A disproportionate burden for the use of contraception falls on Indian women. Female sterilization accounts for more than 75 per cent of the overall modern contraceptive use in India ( Fig. 1B ). In contrast, India's neighbouring countries such as Bangladesh, Bhutan, Indonesia, Nepal and Sri Lanka exhibit a more balanced method mix scenario which subsequently translates into a higher mCPR ( Fig. 1B ).

As per NFHS-4 data, the two methods of contraception available to men - vasectomy and condoms - cumulatively account for about 12 per cent of the overall mCPR suggesting that women are the driving force behind the family planning vehicle in India 8 , and 40.2 per cent men think it is a woman's responsibility to avoid getting pregnant 30 . Most family planning programmes focus on women as primary contraceptive users while men are viewed as supportive partners, despite evidence depicting interest from male users to existing programming 31 . There needs to be greater recognition of the fact that decision-making on contraceptive use is the shared responsibility of men and women and programmes should cater to men as FP users. Family planning initiatives should address beliefs, myths and misconceptions surrounding contraceptive services as well as other barriers that refrain active male participation 32 . The family planning programmes should restructure their communication methods and strategies in a manner that includes men as both enablers and beneficiaries, hence making them responsible partners.

It is also important to reach men and adolescent boys as users not just in family planning programmes but also in government policies and guidelines as well as in research to create more male contraceptive options 31 .

Addressing the sexual and reproductive needs of the youth

Youth (15-34 yr) account for 34.8 per cent of the total Indian population, of which an enormous number still do not have access to contraceptives 33 .

According to a 2006-2007 subnational youth survey in India, while most youth had heard of contraception and HIV/AIDS, there was lack of detailed information and awareness 34 . While 95 per cent of youth had heard of at least one modern method of contraception, accurate knowledge of even one non-terminal method was considerably low among young women, with only 49 per cent reporting positive knowledge 34 . Likewise, while 91 per cent of young men and 73 per cent of young women reported having heard about HIV/AIDS, only 45 per cent of young men and 28 per cent of young women had comprehensive awareness of HIV 34 . The recently released findings of the UDAYA study in the States of Uttar Pradesh and Bihar by the Population Council revealed low levels of knowledge regarding sexual and reproductive health across all adolescents 35 , 36 . In both States, among older adolescents (15-19 yr), slightly less than a quarter of unmarried boys and girls and one in two married girls knew that a girl could become pregnant even when she had sex for the first time 35 , 36 . Correct knowledge of oral and emergency contraceptives was considerably low across all adolescent groups in both States which indicated an urgent need to improve awareness, strengthen service deliveries and evaluate outreach strategies 35 , 36 .

In its 2016 report, the Lancet Commission acknowledged the ‘triple dividend’ of investing in adolescents: ‘for adolescents now, for their future adult lives, and for their children’ 37 . According to an estimate by the Guttmacher Institute, 38 million of the 252 million adolescent girls aged 15 to 19 years in developing countries are sexually active and do not wish to be pregnant over the next two years 38 . These adolescents include a staggering 23 million with an unmet need for modern contraception 38 . It is more important now than ever to make a shift from one-size-fits-all approaches and cater to the needs of married and unmarried adolescents.

Increased investment in family planning

The National Health Policy 2017 talks of increasing public spending to 2.5 per cent of the GDP, which is a welcome sign 39 . However, much higher health allocations are necessary to take forward the nation's family planning agenda in favour of reproductive health and rights. The Government's newly launched Mission Parivar Vikas Programme focuses on improving access to contraceptives and family planning services in 145 high fertility districts in seven States 40 . In addition to higher health allocations, the government needs to ensure efficient and complete utilization of funds already allocated to family planning activities.

India spent 85 per cent of its total expenditure on family planning on female sterilization with 95.7 per cent of this money going towards compensation, 1.45 per cent on spacing methods and 13 per cent on family planning-related activities such as procurement of equipment, transportation, Information Education and Communication (IEC) and staff expenses in 2016-17 41 . According to our analysis of the National Health Mission (NHM) Financial Management Report 41 , the total budget available for family planning activities under the NHM was ₹12220 million in India during 2016-2017. Of the total money for family planning, 64 per cent was directed for providing terminal or limiting methods, nine per cent towards ASHA incentives for FP activities, 5.3 per cent for training, 5.5 per cent for procurement of equipment, 3.7 per cent for spacing methods and 3.6 per cent towards BCC/IEC activities for family planning ( Fig. 2 ) 41 . The total spending was ₹7415 million indicating that only 60.7 per cent of the total money available for family planning activities was spent during 2016-2017. Of the total expenditure for FP activities, 68 per cent was spent on terminal or limiting methods of which compensation for female sterilization constituted 92.7 per cent; 13.3 per cent was incurred for ASHA incentives, 3.7 per cent was incurred for spacing methods of which incentives to providers for post partum intrauterine contraceptive device (PPIUCD) insertion constituted 73.2 per cent and compensation for intrauterine contraceptive device (IUCD) insertion at health facilities constituted 14.2 per cent, 2.8 per cent on interpersonal communication (IPC)/BCC activities and two per cent was spent for training ( Fig. 2 ).

An external file that holds a picture, illustration, etc.
Object name is IJMR-148-1-g002.jpg

Allocation, expenditure and utilization of FP budget 2016-2017. POL, petroleum oil and lubricants; RMNCH, reproductive, maternal, newborn, child, health; FP, family planning; bcc, behaviour change communication; IEC, Information, Education and Communication; IUCD, intrauterine contraceptive device. Source : Ref. 41 .

Investing in behaviour change communication (BCC)

The above mentioned numbers suggest that although family planning programmes in India have made significant progress, the budgetary spending and allocation is still skewed towards terminal methods, with inadequate emphasis on training of service providers and investment in BCC/IPC. The issues surrounding family planning and sexual and reproductive health emerge from deep-seated social norms, which cannot be uprooted overnight. It is imperative to strategize effectively to work with communities to influence social norms.

Social and Behaviour Change Communication (SBCC) can address sociocultural norms such as sex selection, early marriage, unwanted pregnancies, domestic violence and gender inequality. PFI's transmedia edutainment intervention, Main Kuch Bhi Kar Sakti Hoon - I , (A Woman, Can Achieve Anything, MKBKSH) is one such example 42 . PFI's experience with MKBKSH Season 1 and 2 shows that entertainment education (EE) initiatives have tremendous reach and potential to change the knowledge, perception and behaviour among viewers.

In addition to SBCC, interpersonal/spousal communication has the potential to significantly improve family planning use and continuation. In countries with high fertility rates and unmet need, men have often been considered unsupportive partners as far as family planning is considered 32 suggesting lack of adequate spousal communication. SBCC is a key avenue in the existing communication within the family planning programme in a country like India where frontline workers reach populations where other media cannot reach. It is the time to not just increase investments in health and family planning but to fully utilize the currently available budget and rearrange the existing allocations in favour of reversible contraceptive methods and SBCC to challenge and change existing sociocultural norms.

The success of India's family planning programme is shouldered by researchers, policymakers, service providers and users, who will need to do their part to ensure equitable access to quality family planning services. The praxis of family planning is simple and the availability of a basket of contraceptive choices can play a crucial role in stabilizing population growth. An effective and successful family planning programme requires a shared vision among key stakeholders, which include the government, civil society organizations and private providers. These stakeholders should ensure that the sexual and reproductive needs of youth and adolescents in the country are fulfilled. In addition, greater male participation as active partners and responsibility bearers can certainly ensure increased use of contraception. The time to act is now. And this should begin with a concerted effort from everyone to empower women, expand family planning choices and strive for greater gender equality so that every individual can lead a dignified life.

Financial support & sponsorship:

The study was supported by Bill and Melinda Gates Foundation.

Conflicts of Interest:

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Indian women’s long journey towards equality in law and practice

Julia braunmiller, isabel santagostino recavarren.

Group of traditional indian women wearing colorful sari. | © Adobe Stock

Only recently, 22-year-old Sanjana committed suicide after repeated episodes of torture and harassment by her husband and his family over dowry-related disputes, and a man divorced his wife Saba and threatened to burn her alive after constantly abusing her over dowry and gifts demands. The effects of centuries of patriarchal norms that discriminate against women’s property rights are also evident in stories like K. Bina Devi and her sister, which due to the fear of disrupting the relationship with their families, gave up their share of the family property to the benefit of their four brothers in a family ceremony celebrating “haq tyaag.”

These stories underscore how social norms continue to exert a powerful influence on the lives of Indian women, even in the face of legislative efforts to address issues such as property rights and violence against women. While India has made significant strides in enacting laws to protect women, the effective implementation of these laws remains a challenge.

India has experienced immense economic growth since its independence in 1947, but women and men do not share this growth equally. Women's economic participation remains dismally low, with only 23.0 percent of women in the labor force in 2021, compared to 72.7 percent for men, resulting in a staggering gender gap of nearly 50 percentage points. According to the Women, Business and the Law 2023 report, women in India have only 74.4 percent of the economic rights of men. Up from 49.4 percent in 1970, reforms of inheritance laws and violence against women legislation stand out: they provide the foundations for women’s access to property and their safety which are the underpinnings of socioeconomic participation of all women.

The reform process for protecting women from violence took over 60 years and saw both the Supreme Court of India and a thriving civil society playing key roles. The brutal gang rape of social worker Bhanwari Devi in 1990, during her work to combat child marriage in a village in Rajasthan, triggered an urgent debate over the need for legal protections for women in employment. As a result, the Supreme Court of India issued the Vishaka Guidelines in 1997, which filled the void in statutory law until the government enacted the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act in 2013. However, the absence of guidelines, monitoring mechanisms, services, and budgetary allocations, are among the limiting factors to the full implementation of the law.

A similar decades-long journey led to the adoption of legislation on domestic violence, beginning with the Dowry Prohibition Act of 1961 and culminating in 2005 with the Domestic Violence Act. The shift from dowry-related violence only to a comprehensive definition of domestic violence was key. However, despite the laws’ prohibition of giving or receiving a dowry, criminalization of dowry-related violence, and of all forms of domestic violence, in 2021 alone, 6,589 dowry-related deaths were recorded, as well as 13,568 dowry-related incidents, and 136,243 incidents of cruelty by husbands or their relatives (Figure 1).

Figure 1. A Twenty-Year Sample of Crimes Against Women (2001 to 2021)

Source: 230 th Report of the Parliamentary Standing Committee 2021; NCRB 2020,2021.

Dowry, a practice deeply rooted in Indian culture for centuries, has taken an alarming and extortionate turn, putting immense pressure on the bride's family, and resulting in violence and harassment. The practice has contributed to the perception of women as burdens and less valuable than men. However, its original intent was to provide voluntary gifts to daughters upon marriage for their enjoyment and financial security, a gesture intended to support women in a society with limited property rights for them.

Access to property is vital for women's economic participation as entrepreneurs and employees. India’s Hindu Succession Act of 1956 initially denied women the right to inherit ancestral Hindu family property, reserving it for male family members only. Enacted shortly after independence, the Act aimed to codify and harmonize the various customary laws governing the Hindu community (a majority of the country’s heterogeneous society) across states. Over time, states began amending their laws to ensure equal inheritance rights for sons and daughters (see Figure 2). About 50 years after its enactment, following decades of negotiations, in 2005, the Hindu Succession Act was finally amended to secure Hindu women’s inheritance rights at the federal level. While this was considered a remarkable step forward, women across all communities (whether Hindu, Muslim, Christian, Parsi, or otherwise) continue to face challenges in law and practice when attempting to access and own property.

Figure 2. Timeline of the Federal Hindu Succession Act and State Amendments

Source: Women, Business and the Law database.

Continued legal reform, social norms interventions, and awareness campaigns are needed so that Indian women can fully claim their rights to live free from violence and be empowered economically. Our policy brief series: How Did India Successfully Reform Women’s Rights? - Part I: Answers from the Movement on Equal Inheritance Rights ” and Part II: Answers from the Movement on Protection from Violence examines how the country has been working to overcome this divide and what important next steps should be on the agenda to allow women like Sanjana, Saba, and K. Bina to finally live their lives to the fullest.

This blog is part of a series focusing on reforms in seven economies, as documented by the Women, Business and the Law (WBL) team. Support for the work in India is provided by the Bill & Melinda Gates Foundation.

Women, Business, and the Law

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The paper concludes that when gay male couples form families through commercial or altruistic surrogacy, a range of symbols and metaphors conventional to heteronormative nuclear family formation ...
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Family Law Research Paper Common Grounds for Divorce. Info: 5409 words (22 pages) Essay Published: 3rd Jul 2019. Reference this ... Indian Family Law comprises of different personal laws which allows the religious and customary beliefs of people of different castes, classes and communities of India to be represented through the law. ...
Family planning in India: The way forward
Favourable policy environment to meet high unmet need for contraception. An estimate done by the Ministry of Health and Family Welfare (MoHFW), Government of India, states that if the current unmet need for family planning is met over the next five years, India could avert 35000 maternal deaths and 12 lakh infant deaths 7.If safe abortion services could be ensured along with increase in family ...
Indian Journal of Law and Legal Research
IJLLR - Indian Journal of Law and Legal Research is an online bi-monthly law journal. The Journal revolves around Socio-legal topics and is not restricted to any particular field or subject of law. The Journal promotes interdisciplinary research entailing detailed study of law with other disciplines in the contemporary era.
Indian women's long journey towards equality in law and practice
India's Hindu Succession Act of 1956 initially denied women the right to inherit ancestral Hindu family property, reserving it for male family members only. Enacted shortly after independence, the Act aimed to codify and harmonize the various customary laws governing the Hindu community (a majority of the country's heterogeneous society ...