08 Chapter 3
08 Chapter 3
08 Chapter 3
AN OVERVIEW
The population of South India contains three distinct
racial types, the pre-Dravidian, the Dravidian and the Aryan. The Nair, the Vellalas
and other castes represent as nearly as possible the true Dravidian type, no doubt
with a large mixture of Aryan blood. The Pulaya, Paraya and other "depressed
classes" are pre-dominantly, pre-Dravidian who are pushed back into inaccessible
Tamil literature to show that the Dravidians who occupied practically the whole of
language. There were no Kshatriyas till the 7^ and no Sudras till the 9^'' century in
Kerala. By the 8* century A.D, the Aryan missionaries had established their hold
in Kerala society and this led to the imposition of caste system. These immigrants
however subjugated Kerala culturally and established the caste system between the
8^" and U'*" centuries. Till then the social stratification of Kerala was based on
By the 11'^ century A.D under the impact of the forces set in
motion by the Chola-Chera war, the caste system became more rigorous. Kerala
became one of the most caste-ridden societies with a more accentuated form of
touch and distance pollution between higher and lower castes and a denial of entry
to Hindu temples for the lower castes. During the 150 years of British domination,
Kerala was divided into three parts - the British Indian district of Malabar in the
North, the Princely State of Travancore in the South and the much smaller State of
89
Cochin in the middle. Travancore was the third most populous of the Indian princely
inheritance in which descent is traced in the female line. It involved inheritance and
succession through the sister's children in the female line. Though Kerala was
The Nair community constitutes the third and the last of the
honoured castes of Kerala who formed the chief militia in Cochin Malabar and
Travancore states. They were in fact the magnets of the rulers in Kerala which they
held or controlled most of the land in many of the villages. Among them, though they
belonged to the Sudra Varna, were big landlords and many of them were owner
- cultivators; and some others were only tenants. Though they were not ritually as
pure as the higher castes, they had a fairly high ritual status which gave them the
they followed the marumakkathayam system. The matrilineal joint family called the
tarawad, is made up of a woman, her brothers and sisters, her own and her sisters'
90
sons and daughters and the children of their daughters. According to justice
generally of several members, all tracing descent from a common female ancestor
and living in subjection to the power and under the guidance and control of the
senior male who for the time being is its head and representative. No affines
generally lived in this house except occasionally the Karanavan's wife. She was
troubles and a thorn on the side of all. The wife of every male member and the
husband of every female member lived in their own respective households, where,
they had their mothers, brothers, sisters and children in the female line.
properties by reason of his or her birth alone and when any member dies, the
interests of that member devolves upon the other members of the tarawad. Thus the
of other members and gets reduced by new births in the tarawad. A member of the
common ancestress who is the member of a tarawad. It may own separate properties
a Nambuthiri male and a Nair female or a Nair male and Nair female. Among the
91
whose child a Nair is. Not only the Nair, Menon, Poduvals, Nambisans and
Samathams are included here on one side of the socio-economic scale, but are the
North Malabar Tiyas also on the other. The Nairs of Kerala are different from other
castes mainly because they trace their descent in the female line and they had a
marriage system in which they are allowed to have several husbands simultaneously
with strict rules of hypergamy. Given matrilineal descent and inheritance, and given
the mobility of men and the absence of male economic obligations to kinswomen,
there was no reason why either men or women should restrict themselves to
particular spouses.
Origin of Matriliny
among scholars. The traditional view propagated by the Brahmin aristocracy is that
marumakkathayam was the most ancient practice here and Makkathayam or the
attributes to the system a divine origin by arguing that Parasurama, the legendary
founder of Kerala ordered Sudra women "to put off chastity and the clothes that
covered their breasts" and do their best to satisfy the desires of the Brahmins. The
fear of divine wrath prevented the Nair families from questioning the right of the
Nambuthiris from cohabiting with their women and the Sambandham form of
92
came into vogue at a later period of Kerala History under the impact of some
compelling forces. They feel that matrilineal system was imposed on the people of
Kerala by the Nambuthiri Brahmins during the long drawn out war between the
Chera and Chola kingdoms in the 11'*^ century. Some scholars have suggested that
the matrilineal system must have been brought to the area during very ancient
times by a Nair sect which migrated to South West India from the Pre-Aryan Indus
Valley Civilization.
male members of the Nair families were condemned to military service from the early
days of their youth to the decline of manhood so much so regular married life was
not possible in their case and under these circumstances, the Nair women were
the Portugese writer stated, "And it is said that the Kings made this law, in order that
the Nairs should not be covetous and should not abandon the King's service" (Dames
1921 : 124). Similarly Joao de Barros wrote at about the same time, "They say
that this (polyandry) is a very ancient law among them, and that it springs from the
wish of a certain king to relieve the men of the burden of maintaining sons, and leave
them ready for warlike service whensoever the king calls upon them."
of the marriage system of the two dominant castes in Kerala - the Nambuthiri and
the Nair. The Nambuthiri Brahmins have a patrilineal and patriarchal joint family
93
{illam) in which a man, his wives, his sons, his sons' wives and sons' sons, his
own unnnarried daughters and his sons' unmarried daughters live. In the Nambuthiri
patrilineal extended family, only the eldest son was permitted to marry (with
vedic rites) within his caste, and to get children for his family. The younger sons of
the Nambuthiris who cannot be married contract connubial relations with the women
of matrilineal Kshatriya and Nair castes. The offspring thus born out of the relations
of this community is not realized to its full value with the result that it showed a
steady decline in numbers in the successive censuses of 1911 to 1941. This system
which was evolved with an object of keeping the family property intact by not
unions were regarded by Brahmins as socially acceptable concubinage, but since the
union was not initiated with vedic rites, the children were not legitimized as Brahmins
and neither the woman nor the child was accorded the rights of kin. In spite of the
cruel custom that made the Brahmins undertake a purificatory bath if ever they
touched their children born to wives in other castes, and the freedom from the
obligation of maintaining such wives and children that they enjoyed, several Nair
families went for such alliances on the blind belief that it would enhance their
respectability.
Nair relationship and the gradual change in the family pattern of each. The
hypothesis that matriliny was imposed on the Nair "jaties" by Nambuthiri Brahmins,
94
to suit the convenience of tiieir second and younger sons was quite popular. The
joint family system of the Nairs was an outcome of the institutionalization of values
almost contrary to those on which an illam was based. The tarawad v^as based on
the principle of matrilineal descent. Even though women formed the center of the
tarawad it was managed by the eldest male member called karanavan. Under this
system, individuals are assigned to their mothers' lineage or clan and not to their
fathers'. For sometime it was held that the children of these marriages could not be
mother, but it is also conditioned by the status of its father. The name of the father is
very often unknown to a Nair child. In all possible respects attempts were made to
reduce the intensity of marital ties for the sake of the unity of the tarawad. The I
marriage bond being reduced to its barest essentials the affinity that it created
between the 'kin' and the married couple was feeble in the extreme. The only socially
valid marriages among the Kerala Hindus were those in which the bridegroom
belonged to a clan superior to that of the bride. Other unions entailed social stigma
upon the fame and dignity of the bride's family and such families were socially
ostracized.
sambandham were in vogue among the Nairs of Kerala. The talikettu kalyanam was a
form of marriage which every giri had to undergo before reaching puberty in which
a man ties a tali round the neck of the giri. This ceremony had no legal significance
and did not confer on the participants the status of husband and wife. The
95
Sambandham, which was arranged by the Karanavans of the family, was not in truth
a marriage, but a state of concubinage to which the woman enters on her own choice
and she is at liberty to change as and when she pleases. A Nair woman could have
several Sambandham marriages concurrently and in such a case received her visiting
husbands seriatum.
which it was entered into and dissolved. Ending a relationship was very simple. A
uncles not to admit an erstwhile partner. There was no law of divorce or maintenance
governing the married couples. Sambandham was dissoluble at will and often it
partners or the dislike for the Karanavans the partners broke off their relation. The
aggrieved party can without any formality marry anybody else. Such a temporary
is, cannot in any proper sense be dignified by the sacred name of marriage, though
in such cases the union may have much of the effect of marriage through the mutual
affection and fidelity of the parties. It is also curious to observe that a wife ceases
to have any connection with her husband's tarawad^f^ox his death. Long established
custom requires that she must quit her husband's house for her own as soon as he
tyranny or a religious rope tying two individuals in to death. The proud Nair woman
would not go and live with her husband. If a husband arrived to find his bedding put
96
outside, it meant just that his services were either not satisfactory or just not
required. He understood the message and, with all the dignity he could muster, he
moved out of the life of his wife and her tarawad. The rule is that is that the
sambandham is always an affair carefully arranged and settled after consulting the
the rule.
there were only very rare occasions a Nair husband could have become a victim of
his wife's freedom and of the custom of the society. But women always had a voice;
and in Kerala a woman knew how to make herself heard Economically, the Nair
woman was completely independent. She never regarded her husband as lord and
women ruled but in practice it was ruled by the matriarch, the Karanavan. The spirit
of the law governing these tarawads is that while the joint property belongs to the
females, their natural incapacity for family government has made the eldest male
member the life trustee of joint estate. One of the foremost complaints against
manager and virtual head of the tarawad {lineage) property. The complaint about the
expected, because he feels that the position of a patriarch in a patrilineal joint family
97
It was the right and duty of the Karanavan to manage alone
the property of the tarawad, to take care of it, to Invest It In his own name either on
loans or on other security, or by purchasing land in his own name and to receive the
rents of those lands. He was not accountable to any member in the tarawad In
respect of the income of it, though there were silent protests against the arbitrary
decisions of the Karanavan regarding the disposal of landed property. He was entitled
to sue for the purpose of recovering or protecting the property of the tarawad in his
own behalf. The Karanavan might delegate his powers of management to some
members of the tarawad ^nUzh cannot be revoked except with the consent of all the
adult members or by a decision of a court: of law. Courts have held that In the
absence of a male adult member, the senior adult female member (Karanavathi)
14
could take over. C. Ramachandra Iyer writes that on the death of a Karanavan, if
the male member happens to be a minor, the management of the tarawad would
devolve on the senior female where no distinction is made between the male and
female Karanavan.
Breakdown
enjoyed in the traditional society vanished; the plural and competitive nature of
Travancore society In the 20^'^ century made it impossible to achieve the political
advantage of the changes In the administrative system because of their high ritual
status together with their scholarty traditions and retained their Influence around the
98
Maharaja of Travancore holding the most powerful posts. The Syrian Christians,
Muslims and Ezhavas took advantage of the new situation and joined the stream of
British created a new class of 'land-owners', thus translating the native situation in to
capitalist concepts. Until then nobody really 'owned' land in Kerala but all were
attach to the land in the sense that they felt that they had some hereditary
inalienable rights over the land and its produces based on one's position in the
freely in the market and was done so with increasing frequency. The period
between 1830 - 1955 was one of increasing concentration of land in the hands of a
produced statistics which showed an alarming rate of land transfer from Nairs to
15
Syrian Christian and even low castes. The Syrian Christians who had a respectable
ritual status diversified their interests in land and trade with their advantage of
connections with the ruling race through the missionaries. The Muslims, Ezhavas and
Shahnars also proved advantageous in the new situation. Having no reservations and
Muslims and Avarna Hindus entered into trade and other commercial activities and
gained control of money power. Nairs, on the other hand, were prevented by law
from using family assets for individual enterprises. At the same time the ethics of
high caste Malayali life dissuaded them from the money-grabbing enterprises.
99
The new capitalist entrepreneurs, taking advantage of their
profits from cash-crops and from the new forms of professional and salaried work
were able to buy up the land of small owners in the vicinity. It dispossessed the
village headmen and many independent Nairs reducing them to the status of tenants.
These Nairs wandered much between villages in search of a wage work or a salaried
job. In such situations the only mobile Kinship unit was a married couple or an
elementary family.
many families sinking to ruin and the Nairs on the whole diminishing in wealth and
autocratic behaviour of the Karanavan, who acts as the manager and virtual head of
the tarawad property. It was also a general complaint that the karanavaiis children
were treated better when on a visit to their father's family or staying with him. In
addition to his authoritarianism, the Karanavan was not infrequently accused of being
disloyal to his sisters and their children, whose common property he had traditionally
managed. The new system of administration sucked children into costly formal
English Schools, and not all families could afford to send their children in to such
schools. The Junior members resented the fact that they were denied opportunities
for higher education on account of the high expenses. At the same time the
karanavans had a general tendency to send their own children at the expense of the
tarawad income.
account of the spread of western education. Both the curriculum and the
[00
atmosphere of school fostered a sense of 'individualism', often at odds with the
values of the matrilineal joint family. The modern educational system introduce by
the British undermined the respect for age and custom on which the smooth working
of the matrilineal joint family was based and even ridiculed at matriliny at every
opportunity.
repeated during the second half of 19"^ century. This period saw the rise of powerful
social and religious reform movements and institutions like Sree Narayana Dharma
Christian Reunion Movement etc. The Hindu reform movements were led by two
outstanding leaders of non-Brahmin communities, viz, Sri Chattampi Swamikal and Sri
Narayana Guru who propogated the great ideals of eradication of untouchability, the
inheritance and the abolition of many costly and wasteful social practices and
customs.
group floating in the market did not leave the structure of society unscathed. The
The Kerala Land Reforms Act Q^ 1969, which was an amendment of the earlier Land
Reforms Act of 1963, for the first time abolished absentee landlordism in Kerala. This
act also made provision for tenancy right and restriction on the area holdings. Th^s.--^
:ioi
vast majority of the Nair and Nambuthiri landowners suffered because they were
absentee landlords while a large proportion of the landless becanne owners of the
land overnight. This act was a liberation for them but proved impossible the survival
of matrilineal joint families which required joint ownership of ancestral land. The
series of land reforms introduced in Kerala since the latter half of the 19'*^ century
have had as their cumulative effect the disruption of the Jenmisystem which brought
tarawads are of abiding interest. In the past the laws relating to the partition of
marumakkatayam tarawads were so strict that the courts concluded that the
matrilineal joint family had been divisible only with the unanimous consent of all its
adult members. Until the 1850's in Travancore and the 1870's in Cochin, the courts
did not insist on unanimity, they fairly readily awarded decrees allowing matrilineal
joint families to divide themselves. The Nair, Ilava (Ezhava) and Nanjanad Vellala
the matrilineal disintegration will be of great value. The Malabar Marriage Act 1896,
the two Nair Regulations of Travancore 1912 and 1925 and the Cochin Nair Act are
sambandham being registered as marriage , in which case only the wife got the
right of maintenance, the right to half the property of the Nair husband if he died
102
intestate, and the right of alimony in the case of divorce for unjust reasons, but
under certain conditions all rights flowing from the validity of the marriage.
marriage, succession and family management but did not touch the question of
partition. Earlier legislations like the Cochin Nair Regulation of 1920, the Travancore
Nair Act of 1925, the Madras (Malabar) Marumakkathayam Act o^ 1932, the Mappilla
Marumakkathayam Act of 1938, the Nambuthiri Act and the Cochin Nair Act of 1937-
'38 accepted the right to partition and allowed families to divide property if they so
desired. The Nair Regulation II of 1925 made the marriage tie more binding; and
divorce made practically impossible. The Travancore Nair Act of 1912, granted half
the self-acquired property of the male to his wife and children and the other half to
his sister's children. The amended Regulation gives the whole to the widow and
children, reserving a share to his mother, if living. It was the Travancore Nair Act of
1925 which provided for the partition of Nair tarawads in that region, the share being
calculated per capita and it deprived the nephews of all claims in the properties of
their uncles.
guardianship of the wife and children were vested in the husband or father thus
partition was quickly extended to other matrilineal groups in Travancore like the
Ezhava community and Nanjanad Vellala community. The result was the legal
registration of more than 120,000 family partitions in the ensuing five years. By the
103
Madras marumakkathayam Act (1932) the Nairs of Malabar came to enjoy similar
spread less quickly in Malabar once the right of claiming individual shares were
granted.
limited the powers of the Karanavan and legalized customary marriages. It declared
the wife and children as being entitled to maintenance by the husband or the father.
It made all husbands including non-Nairs responsible for the maintenance of their
Nair wives and children, if any. The Cochin Nair Act of 1937-38 which superseded the
regulation of 1920 retained the main provisions of the latter and introduced more
progressive changes with a view to doing away with the evils of the joint family
systeiD, Jhe Act brought about the complete disruption of the marumakkathayam as
an institution and freed the members of the joint family from the shackles of the
autocratic Karanavan. The wife and children of a husband or a father became the
legal heirs of his property. It repeated the earlier prohibition on polygamy and also
prohibited the marriage of a female under 16 years of age and of a male under 21
years of age.
expedited the decline of matriliny. The winning and loosing Nairs sold their land to
1932 allowed the partition of the tarawad property and legalized inheritance from
18
father to son. The partition could also be effected without the consent of the
Karanavan, if majority of members wanted the partition. The Act applied to all the
104
Hindus of Malabar including the Nambuthiris of Payyannur. An amendment to the Act
of 1932 which was passed in 1958 conferred the right of individual partition on the
of the Nambuthiris also deserves attention. The Madras Nambuthiri Act of 1933
Nambuthiri illam, whether male or female, could get an equal share in the family
19
property under its provisions. The earlier practice of allowing only the eldest male
son to marry within the community, leaving his brothers to fend for themselves by
taking Nair women as sambandham partners was also changed. The Act gave the
right to all Nambuthiri males to marry within their own caste and the children of such
independence have included those affecting the law of inheritance among all classes
of Hindus. The Hindu Succession Act which came in to force in 1956 provides for a
20
uniform system of succession for all Hindus with respect to intestate succession.
The Act gives equal right to man and woman with regard to inheritance of property
and it applies to all persons governed by Marumakkathayam law as well. Under the
same Act the law relating to Hindu marriage has also been modified so as to make
monogamy compulsory for all classes of Hindus. Mention may also be made in this
connection of the Kerala Hindu Joint Family System (Abolition) Act 1975 passed by
the Kerala Legislative Assembly. The last among its kind, it has ensured the
105
patrilineal (makkathayam) system which is in vogue among progressive societies all
References:
1. Panikkar, K.M. A Survey of Indian History, The National Information & Publication Ltd.,
Bombay 1947.
2. Pillai, K. Elamkulam Studies in Kerala History, National Bookstall, Kottayam, 1970, p.311.
3. Pillai, Kunjan Census of India. Vol XXVIII, Part I, 1931.
4. Variar, Sreedhara Marumakkathayam & Allied Systems of Law, The Author, Cochin, 1969.
5. Ibid, p.29-30.
5. Menon, Sreedhara A. Cultural Heritage of Kerala, S.Viswanathan Pvt.Ltd., Chetput, 1996,
p.260.
7. Ibid.
8. Ehrenfels, in Govindan Unni, Kinship Systems in South and South East Asia, Vikas
Publishing House, 1994, p.81.
9. Gough, Kathleen "Nair Central Kerala", in David Schneider and Kathleen Gough (ed),
Matrilineal Kinship, A.H. Wheeler and Co. Private Limited, Allahabad, 1972, p.370.
10. Karve, Iravati Kinship Organization in India, Asian Publishing House, 1965.
11. Puthenkalam, J. Marriage and the Family in Kerala, University of Calgary, 1977, p.18.
12. Fawcett, F. Nayars of Malabar. Asian Educational Services, New Delhi, 1990.
13. Ehrenfels, U.R. "Matrilineal Joint Family Patterns in India" in George Kurian, The Family in
India, Mouton & Co., N.V. Publishers, 1974.
14. Aiyar, Sundara P.R. Malabar and Aliya Santhanam Law, The Madras Law Journal Office,
Mylapore, Madras, 1922, p.36-42.
15. Pillai, Kunjan op.cit.
16. Mannathu, Padmanabhan Reminiscences of My Life, Nair Service Society,
Changanacherry, 1998.
17. Nair, Madhavan Kozhikot The Madras Marumakkathayam Act, Vidya Vilasm Press,
Calicut, 1993.
18. Variar, Sreedhara op.cit.
19. Ibid
20. Kaleeswaram, Raj & Suchitra, K.P. Commentaries on Marumakkathayam Law, Centre for
Legal Studies, Payyannur, 1995.
106