End of Marumakkattayam, its impact on Women
Background
The study of Property rights and succession holds an important place in economic research, especially Institutional economics. This is because Property rights, and succession influence the distribution of wealth and resources in a society, which in turn have major implications on economic development and social progress (North, 1990). The state of Kerala’s property rights and succession had been governed by a unique matrilineal system historically. The tradition of “Marumakkattayam” and “Aliyasantana” Laws were popular in the elsewhile Tranvancore, Cochi, and South Kanara, which fall under the present-day states of Kerala and Karnataka. The practice was followed by Nairs, Ambalavasis, Moslems, and other non-brahmin castes primarily. Marumakkattayam itself means succession by nephews in Malayalam. Under this system, the property belonged to the household, “Taravad” and the succession was determined by the female line, that is the children of daughters inherited the estate. The assets belonged to the taravad and not individuals, similarly, the children traced their family to their mother’s and belonged to her taravad. With family descent decided based on matriliny paternity was obscure. The property was controlled by the eldest male member of the joint family, the brother of the lady called “Karanavar”, or the “Ammavan”. The property following a matrilineal system of succession was passed on to his sister’s children. Thus, the law is matrilineal but the institution followed a patriarchal system.
Some historians attribute this unique tradition to the martial nature of the Nair caste, whose men predominantly followed the occupation of warriors. Men solely focused on war did not have enough time or resources to maintain a family hence, the women began to manage and control the households. Thus, a man would merely have a “Sambandam”, relationship with a woman in contrast to “marrying” as in prevalent in other parts of India. The husband would visit his wife, who stayed in her taravad, the household and offspring were entirely her responsibility. The mother and uncle became the parents of the children. Nair women, women led an independent life without the need to depend on their husbands, they also had the freedom to call off the marriage as per their will. Women had more autonomy in deciding their partners and divorcing as well. The Sambandam was not a sacred bond but merely an alliance, that was terminable at will. The process of entering into such an alliance was just by a man proposing to a lady with a saree in front of a lamp. Though such practices began to be viewed as taboo with colonization and external interaction, it was a customary tradition of the land for the Keralites.
Historical Overview
The word Marumakkattayam, itself means inheritance by nephew. The tradition had been prevalent in the Nair community for centuries (Menon, 1999). The maternal uncle “Ammavan”, the eldest brother of the lady became the sole custodian of the taravad’s properties. Also known as “Karanavar” he was the head of the joint family. It is very unique as compared to patrilineal succession practiced across India.
Historical texts like the Keralolpatti, and Kerala Mahatyam written on the history of Kerala refer to Parashurama creating the land of Kerala, and then donating the portion to the Brahmins. The Nairs trace their decent to the divine nymphs and sages, hence attribute the system of Matrilineal succession. Keeping the mythical lore aside there has been no particular reason found for this kind of system to be followed (Gopinath, 1994). Some historians are of the opinion that the Nairs being a warrior clan, the men were sent for training in warfare and then fight in battles. Hence these men did not posses the time to run a household, in absense of the men the womenfolk began to assume control of the household and take custodianship of the children. Irrespective of the reason or origins the system ensured high freedom and security to women. Nair women continued to live in their natal homes, were not dependent on the husband. The women also held the right to polyandry and divorce at their will, and this was not viewed with any stigma. In contrast to the marriage system practised by Hindus across India, the Nairs practised “Sambandam” that is just relationship. This Sambandam was not any sacred bond but merely a relationship between individuals that could be terminated at the will of any party, Women in fact had more say in such cases. This system encouraged relationships between the upper castes of the region. A Nair lady’s children born to a Nambuthiri (Brahmin) father were considered to be of a superior pedigree amongst the Nairs. Amongst the Nambuthiri, only the elder most son could marry a lady of their own clan, and his lineage inherited the estate. The rest of the siblings had to search for Sambandams with other higher class woman. Thus, the brahmins followed a Patriineal succession. This system to benefit all the parties. The Nair alliance with Nambuthiri amplified their pedigree, and the younger Brahmin sons had no rights on the family’s estate. Some anthropologists have also suggested the Matrilineal succession as an adaption for clear succession and military power (Jeffery, Menon, Radhakrishnan, 2005). Because in case of passing of properties one is sure of the mother of the child and not the paternity. There can be doubt about the child’s mother, which cannot be said about the father. Hence this provided assurance and stability. It should also be noted that the Marumakkattayam is only matrilineal and not matriachal in nature. As the estate continued be controlled by the brother, Karanavar and not the eldermost sister.
Institutional Change and impact Women
The Marumakkattayam was in practice amongst many non-brahmin communities of Kerala and Coastal Karnataka regions. However the system began to go obsolete from 19th to 20th centuries owing to various factors. With colonialism people of the region began to have more interactions with foreigners and Indians from other parts of the country. Factors like Individualism and smaller families began to gain popularity, the joint family Taravad core to the system began to be challenged. The complexity and unfair influence of maternal uncle Karanavar began to cause distress and dispute among family members (Kurup, 1990).
The british government and missionaries also played an important role in the evolution of social norms in Kerala. Western legal frameworks, Victorian morals and Missionary activity exerted negative influence on traditional practices like Sambandam and Marumakkattayam. The practice of Women having multiple partners, absence of a “marriage” meant that these women were seen to be of low morals by the Victorian standards. It also meant that Children with obscure paternity began to be viewed with questionable legitimacy. With the schooling controlled by Missionaries, and Nair men beginning their English education in search for better opportunities were exposed to patriarchal values that were actively promoted by Christian missionaries (Irwin, 2004).
The final blow to the system came with the legislation passed by the then Maharani Pooradam Thirunal Sethu Lakshmi Bai passing The Nair Regulation Act in 1925. In the subsequent years laws were also passed for Ezhavas, Vellalas. The system can be seen currently amongst Muslims of Malabar region, as the Acts were only regarding Hindu Succession. Many reasons are attributed to passing of the laws. Nair men had minimal autonomy and access to resources as all the money and property was controlled by the maternal uncle. Further western education and new occupations emerging, the men preferred to take their family to place of their occupation. Which was not possible entirely in old system. About 32,900 cases were filed in the courts and roughly 33,000 households properties were partitioned. This was one of the reasons that the royalty was forced to amend laws concerning inheritance systems. Magazines, literature began to preach about the ideal characteristics of a woman. Virtues like holding on to a single “husband”, looking after domestic duties began to be championed actively in magazines, literature and schools. Novels, magazines and other literature began to have female characters with qualities of a perfect wife. Thus, by the beginning of the 21st century the adherence to traditional systems began to fall apart.
Implications for Women
The decline of matrilineal succession and the evolution of concepts of marriage had a profound impact on the women of the Nair caste. Their social status, freedom, and rights began to fall prey to the rising patriarchy. The foremost impact was women losing their property rights and say in matters of wealth and finances (Menon, 1999). With the loss of autonomy and freedom, they began to become dependent on their husbands and increasingly became limited to overseeing domestic chores (Jeffery, 2005). The Nair Regulation Act, of 1925, The Marumakkathayam Act of 1932 began to transfer inheritance to male descendants, patrilineal against matrilineal system. These laws implied that Women no longer had a say in matters of property and inheritance, and guardianship of their children all began to be transferred to their male counterparts. Thus, Women became dependent on their husbands, tarnishing their freedom and security (Gopal, 2008). Also as nuclear families rose, and Taravad declined Women did not have the backing of their households. Making them more dependent on their husbands. This meant that with matrilineal succession ruled out the social status of Women fell. The command, say in inheritance, financial management pedigree declined significantly. While the laws gave more freedom to individual inheritance, the primary beneficiaries were the men and not women. Women’s pursuits in careers and relationships became limited which could have been quite the opposite under the traditional system continuing. Women became more domestic, followed Victorian virtues, and thus lost traditional rights in case of succession decisions and relationships.
Conclusions
The evolution of property rights and succession of Marumakkattayam, and marriage from Sambandam systems is a complex phenomenon that can be attributed to various causes. Modernisation, Individualism, and evolution of new careers meant that the traditional systems required to be remodelled to suite current requirements. But, unfortunately the consequences of these had a negative impact on the women. Understanding the changes and the system helps us to understand the impact of changes in institutions, like marriage, property rights have on the gender, distribution of wealth, and various other aspects. Especially the current case helps us to get insights on the present day conditions of women in Kerala, their struggles and challenges.
