Persistence of the Coverture Doctrine in India

Despite constitutional guarantees of gender equality, the doctrine of coverture continues to shape India&s;s legal and social landscape. Though the term coverture itself belongs to a bygone English legal tradition, where the wife&s;s legal personality was ‘covered’ by her husband&s;s – its underlying logic is still alive in the Indian context. It persists not explicitly, but as a persistent subtext. Much like in the way personal laws assign women derivative rights in marriage, asymmetry of divorce procedures, and in the subtle but stubborn denial of equal guardianship and property claims. Whether in the diminished inheritance rights of Muslim daughters or the once-contested coparcenary rights of Hindu daughters pre-Vineeta Sharma, remnants of coverture are cleverly disguised as ‘tradition,’ ‘custom,’ or worse, ‘protection.’ This chapter maps the historical evolution of coverture from pre-colonial patriarchy and colonial codification to post-independence half-measures. It shows how personal laws across religious communities, far from being benign expressions of cultural identity, often operate as tools of gendered control. The real challenge, thus, is not merely one of legislative reform, but of interpretive courage. To this end, this chapter makes the case for a constitutional approach that prioritizes gender justice without bulldozing religious plurality. It argues for the anti-stereotyping principle as the constitutional scalpel needed to excise the discriminatory heart of personal law. Precisely, and without amputation.