Crime and violence against women: Legal categories, approaches, and responses to kidnapping, forced marriage, and elopement under the Peshwas

Abstract This article examines the kidnapping and forced marriages of women under the Peshwas, investigating whether the state prioritized justice for victims or its Brahmanical credentials, given that the annulment of fully performed marriages was prohibited under the Shastras . Far from passively upholding the inherited order, the Peshwa regime actively leveraged intersectional dynamics of gender, caste, and religion to transform that order into a consolidated patriarchal Brahmanical system, reinforcing and totalizing caste-based customs, hierarchies, and governance through judicial and administrative interventions. The article also reveals a binary governance model, highlighting distinctive modes of justice between the capital city of Pune and the countryside. The article interrogates the ambiguity and fluidity of categories used to denote abduction, as well as the associated normative frameworks and penalties, showing how the discursive deployment of familial, communal, caste, ritual, pride, and political dynamics denied women’s agency and subsumed alternative narratives, such as elopement and/or consensual cohabitation. It demonstrates how coercion against women as well as women’s agency were viewed and conceptualized. Moreover, the government’s adherence to patriarchal Brahmanical ideology, derived from the Shastras , not only shaped legal responses but also actively contributed to the ongoing perpetuation of abductions and forced marriages.