This article has been written by Ms Pandey Riya Rajesh , a 2nd year student of University of Mumbai Law Academy, Mumbai.
ABSTRACT
This article scrutinizes the evolution of The Hindu Marriage laws and its influence on the social dynamics of the society. Its focuses on exploring the roots of the Hindu law and its shift from traditional parental matchmaking towards personal autonomy. It encompasses emergence of live- in relationship, eradication of caste system in institution of marriage along with supporting landmark cases affirming the right to choose one’s life partner.
The article delves into gender dynamics, focusing on legal amendment empowering the women. It addresses the evils of dowry system and examining divorce laws. It also highlights how different provisions of laws help empowering the women and providing financial stability.
- Introduction:
Marriage is considered as the most essential Sanskar of the Hindu society. It is consider as the very first step of getting into the Grahasth Asharam. A Hindu marriage is very much based on the traditions, sacraments, culture and religious ritual; which eventually enhances the value of institution of marriage. In traditional era it was regarded as the most important practice to beget a son. Marriages were based on the objectives of dharma; but due to changing times this holy concept has taken a different turn. Although, Kama or intercourse was one of the vital reasons of marriage it was not much prioritize. But due to modernization, urbanization and westernization Dharma has been kept aside and primary importance has been given to the later. The selection of the mate was in the hands of parents and guardians but with the flow of western culture this concept is slowly fading away.
- Historical Context of Hindu Marriage Laws:
2.1 Evolution of Hindu Marriage Laws
Evolution of Hindu Marriage laws can be traced back to the Vedas. For thousands of years people living in the Indian subcontinent has been following the guidelines and rules provided by the Hindu scriptures. These were further made into rules by the rulers making it a de facto law. The same laws has been redefined with respect to the modern approach and have been codified in the form of several acts such as The Hindu Marriage Act 1955, The Hindu Minority and Guardianship Act 1956, The Hindu Succession Act 1956, etc.
2.2 Traditional Values and Legal Frameworks:
The ancestors are to be believed that God Bramha, the creator of the world himself has given the Vedic texts; upon which the morals of the Hindu laws are built on and is in application till date. According to the Rig Veda, Hindu marriage has been considered as union that was to be continued during the entire period of life. Marriage is an inseparable tie between husband and wife which cannot be broken in any circumstances. It also stated in Taittiriya Samhita that dharma must be practiced by the man with his wife and offsprings together. The wife in the Hindu marriage is regarded as Ardhangini. Man is half until he marries.
- Impact on Marriage Dynamics:
In traditional times Indian parents were responsible for choosing the bride and groom for their sons and daughters. The girls perceived this tradition as an advantage as they trusted their parents and did not believed risking their future and thus accepting what their parents have selected for them. The family looked deeply into the cultural background of the prospected family and chooses the best mate for their children. The tendency to choose one’s own mate has been rise in the post-independence period. Nowadays the younger generation prefers to choose their partners themselves. It is good to mention that the family also supports the will of the person. This right of choosing one’s partner is vested under Article 21 of the Indian constitution. This trend can been seen easily in urban areas due to effect of modernization and westernization. The vital reason of this change is development of education in the Indian society. As the focus is now shifting from just holding degrees and bookish knowledge towards acquiring practical skills to live a dignified life. As the individuals are getting smarter they tend to take their life decisions by themselves. In the case of Shafin Jahan v. Ashokan K.M AIR 2018 SC 1933, the Hon’ble Supreme Court of India held that it is the fundamental right of every individual to marry the person of their choice.
In ancient times the effect of caste system could have been easily seen in the institution of marriage. It was not possible for the individuals to marry the person outside their caste. But in the past few years this view has been changed. The families have started keeping caste as the secondary criteria of marriage and started focusing more on the compatibility and understanding between the spouse and their families. The Hon’ble Supreme Court of India in the case of Lata Singh v. The State of UP& others also made a strict verdict that any major boy or girl can marry who so ever he or she likes. It also made clear that parents who do not support inter case or inter religion marriage cannot threat or commit or instigate any act of violence and cannot harass that person. This was because of honour killing which was a result of social conflict due to emerging trends of marriage.
Customs and traditions in Hindu religion and provisions under the Hindu Marriage Act, 1955 are very flexible such as Section 5 (v) “the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two” this means that sapinda or sagotra marriages are prohibited. But this would be permitted only if custom or usage permits so.” Sagotra and sapravara weddings were legalised by the Hindu Marriage (Removal of Disabilities) Act of 1946.
Furthermore, the trend of live-in relationship has been emerging rapidly in the Indian society. Live-in relationship is voluntary sexual union founded on mutual attraction not only agreement. This type of relationship is not legally recoginsed by the Hindu Marriage Act 1955 but have been slowly accepted by the society. In case of S. Khushboo vs. Kanniammal and Another 2010 5 SCC 600 this trend was considered as a result of cultural exchange. In case of Revanasiddappa vs. Mallikarjun 2011 11 SC 1 while dealing with the question of legality of live in relationship, Hon‟ble Justice A.K. Ganguly observed “With changing social norms of legitimacy in every society, including ours, what was illegitimate in the past may be legitimate today”
- Gender Dynamics and Women’s Rights:
4.1 Legal Perspectives on Women’s Rights
Over the years, amendments to Hindu marriage laws have been promoting gender equality. For example, the Hindu Marriage Act 1955 was amendment in 2005 to give daughters equal rights as the son in ancestral property. This has contributed in to a shift of traditional gender roles in families and empowering the women of society providing more financial and legal standing.
Laws specifying the minimum age of marriage for both men and women impact family structures. Setting a legal age helps ensure that individuals especially the girls are mature enough to make informed decisions about marriage. This allows individuals to pursue education and career goals before entering into marriage, potentially shifting traditional expectations. This ensures that both the men and women are educated and mentally capable of handling the responsibility of the family and marriage as whole. This change has given a boost to empowering the women; as the are qualified and have financial standing in the society in order to face individual problems.
Section 17 of the Protection of Women from Domestic Violence Act, 2005 provides the right to reside in the matrimonial home and protection orders against domestic violence. This was also observed in the case of S.R. Batra vs. Taruna Batra (2007), the Supreme Court held that a wife has the right to reside in the shared household, even if it is owned by the husband or in-laws. Section 6 of the Hindu Minority and Guardianship Act, 1956, outlines the rights of natural guardianship. While traditionally fathers were considered natural guardians, the Act recognizes the mother as the natural guardian of a minor child in certain circumstances. The case of Githa Hariharan vs. Reserve Bank of India (1999) highlighted that the mother is a natural guardian of a minor child, and her rights as a guardian are not inferior to those of the father. Hindu women have rights over their stridhan, which includes gifts received during the wedding, inherited property, and property acquired by her through her own earnings. These rights are recognized under Hindu personal laws under Section 17 of the Hindu Marriage Act, 1955. In the case of Rajamma v. Varidarajula Chetti the Madras High Court, stated the gifts and bequests received by a Hindu woman from her family members constitute Stridhan and is entirely at her absolute disposal.
4.2 Dowry System and Legal Interventions
The dowry system was yet another evil affecting the hindu society. The father of daughter was at every stage worried to get his daughter married at the rights and with the right mate. The father of the bride sometimes found it very difficult to meet these needs of the society as result the family of the groom used to take undue advantage of the situation asking for hefty dowry and valuables from the bride’s side. This demand usually took face of exploitation and coercion towards the women and her family resulting in domestic violence raising the number of dowry death.
The dowry prohibition act, 1961 played a significant role in addressing and prohibiting the dowry practice. Section 3 and 4 of the act prohibits giving and taking of dowry as an punishable offence. In the case of Appasaheb vs. State of Maharashtra (2007) the Supreme Court held that death caused within seven years of marriage in unnatural circumstances and where the woman faced cruelty or harassment for dowry would be considered a “dowry death.” The case reinforced the significance of Section 304-B of the Indian Penal Code (dealing with dowry deaths) and highlighted the responsibility of the accused to disprove the dowry-related charge.
4.3 Divorce Laws and Empowerment of Women:
According to Dharmashastra marriage is an indissoluble union of man and woman. The divorce was previously not known to people. Manu declared can the wife cannot be separated by her husband either by sale or abandonment because marital tie could not be served under any condition whatsoever. From this it’s clear that Hindu law does not recognises divorce as a law. But section 10 of Hindu Marriage Act deals with judicial separation. The obligation of conjugal duties are put to an end with judicial separation.
Sections 24 and 25 of the Hindu Marriage Act provide for maintenance pendente lite (during the pendency of legal proceedings) and permanent alimony and maintenance, respectively. These provisions are designed to ensure that a wife is entitled to financial support from her husband in case of separation or divorce. Similar provision was observed in the case of Savitri Pandey vs. Prem Chandra Pandey (2002), where the Supreme Court emphasized that the purpose of maintenance is to ensure that the dependent spouse can live with dignity.
The Hindu Marriage Act, in Section 13, outlines the grounds on which either the husband or the wife can seek a divorce. The Act provides women with the right to seek divorce on specific grounds such as cruelty, desertion, adultery, or conversion to another religion. As observed in the case of Smt. Saroj Rani vs. Sudarshan Kumar Chadha (1984), the Apex Court emphasized cruelty as a valid ground for divorce, including both physical and mental cruelty.
CONCLUSION
We can say that marriage is foundation of conventional family and society where family is the primary institution. Besides, marriage is consider as bond for 7 different lives and enhance is able to adapt to the changing nature and dynamics of the society. The transition from traditional matchmaking to individual choice, reduced emphasis on caste, and acceptance of non-traditional relationships showcase the adaptability of these laws. Crucially, legal amendments empowering women and combating dowry-related issues mark significant strides toward gender equality. The interplay between legal frameworks and societal dynamics continues to shape Hindu marriages, reflecting a delicate balance between tradition and contemporary values.
REFERENCES
CASE LAWS:
Shafin Jahan vs. Ashokan K.M, AIR 2018 SC 1933
- Khushboo vs. Kanniammal and Another, 2010 5 SCC 600
Revanasiddappa vs. Mallikarjun, 2011 11 SC 1
S.R. Batra vs. Taruna Batra, C 5837/2006
Githa Hariharan vs. Reserve Bank of India, [DATE: 17/02/1999]
Rajamma vs. Varidarajula Chetti , AIR 1957 Mad 198
Appasaheb vs. State of Maharashtra, Crl 1613/2005
Savitri Pandey vs. Prem Chandra Pandey, C 20-21/ 1999
Smt. Saroj Rani vs. Sudarshan Kumar Chadha, 1984 AIR 1562
STATUTES:
The Hindu Marriage Act 1955
The Hindu Minority and Guardianship Act 1956
The Hindu Succession Act 1956
Constitution of India
The Hindu Marriage (Removal of Disabilities) Act of 1946.
Protection of Women from Domestic Violence Act, 2005
The Dowry prohibition act, 1961
WEBSITE AND PUBLICATIONS:
Hindu Marriage: A saga of Journey from Ancient to Modern India by Shazia Saifi and Dr Alka Rani, May 2021
Emerging trends of Hindu Marriage and their Impact by Dr Hina Gupta and Yogendra Singh, March 2022
Features of Hindu Marriage that are changing and evolving.