This article is written by Ms. Pandey Riya Rajesh, A second-year student of University of Mumbai Law Academy, Mumbai.
ABSTRACT:
This article explores the multifaceted role of religion in Hindu marriages, emphasizing its influence on cultural, legal, social, and spiritual aspects. Hindu marriage is considered a sacred union guided by religious texts, rituals, and traditions. The article delves into the significance of religious practices, the social obligation of marriage, and the impact of the caste system. It also examines the intersection of religion and legal frameworks, focusing on the Hindu Marriage Act of 1955. The role of religion extends beyond the wedding ceremony to post-marriage rituals, reflecting the enduring importance of spirituality in maintaining a harmonious marital bond in Hindu society.
INTRODUCTION:
Religion plays an integral role in the lives of the Hindu community, and its influence can be seen in all aspects of their lives, including marriages The role of religion in Hindu marriages is significant, as it not only influences the cultural and traditional aspects of the ceremony but also has legal implications. Hindu marriages are governed by various religious texts, customs, and traditions, and these aspects often intersect with legal provisions in India. The role of religion in Hindu marriages from a legal perspective is a complex and multifaceted issue that requires a comprehensive understanding of both religious and legal principles. Hinduism is the oldest and third largest religion in the world, with over 1.2 billion followers. It is a religion that has a diverse set of beliefs and practices, but one thing that remains constant is the importance of marriage in the Hindu religion
RELIGIOUS ASPECT OF MARRIAGE
Hindu marriage is not just a union between two individuals, but it is considered a holy sacrament that binds two families together. It is believed that marriage is a sacred bond and is essential for the continuation of the human race. The institution of marriage is given utmost importance in Hinduism, and it is considered to be one of the essential duties of a Hindu. According to the Hindu Marriage Act of 1955, marriage is a religious sacrament and not just a legal contract. The marriage ceremony is known as Vivaah Sanskar and is performed according to Vedic rituals and customs. It is believed that the Gods themselves witness and bless the union of two individuals in a Hindu marriage. Therefore, the involvement of religion is crucial in the entire process of marriage, from the selection of the life partner to the various rituals and customs performed during the wedding ceremony.
One of the essential roles of religion in Hindu marriages is to uphold the sanctity of the institution of marriage. The religious texts of Hinduism, such as the Vedas, the Puranas, and the Upanishads, lay down the guidelines and rituals to be followed in a Hindu marriage for a successful and happy marriage. These teachings are often incorporated into the wedding rituals and are believed to bring prosperity and happiness to the newlyweds. For example, the ritual of exchanging garlands is a symbol of mutual respect and acceptance of each other’s roles and responsibilities in the marriage.
Religion plays a crucial role not only in the legal requirements for a Hindu marriage but also in the customs and rituals that are an essential part of the marriage ceremony. The Hindu marriage ceremony is not just a legal contract, but it is also a religious and spiritual union that is believed to bind the couple for seven lifetimes. These rituals and customs are an integral part of a Hindu marriage, and they are considered essential for the marriage to be considered valid in the eyes of the Hindu society
SOCIAL AND SPIRITUAL ASPECT:
The role of religion in Hindu marriages is not limited to the legal and religious aspects but also extends to the social and cultural aspect. Hinduism views marriage as a duty and an obligation, and it is considered essential for the continuation of the family lineage. It is believed that a Hindu marriage is not just a union of two individuals but also a union of two families, and it plays a significant role in maintaining the social and cultural fabric of the Hindu society. In Hinduism, marriage is not just a personal choice but a social responsibility, and it is expected that individuals will marry within their own caste and community. This social and cultural aspect of Hindu marriages further highlights the role of religion in the institution of marriage
One of the primary roles of religion in Hindu marriages is to unite two individuals in the eyes of God. In Hinduism, marriage is not seen as a mere social contract between two people but a spiritual bond between the couple. The religious ceremonies and rituals help to invoke the blessings of the almighty and seek his guidance and protection for the couple’s future journey together. The rituals and mantras chanted during the wedding ceremony are believed to bring spiritual harmony and bind the couple together in a sacred bond.
RELIGIOUS PRACTICES AND TRADITIONS:
Hindu marriages are characterized by their elaborate and detailed rituals that have been passed down through generations. These rituals vary from region to region but are guided by the religious beliefs of the community. It also plays a vital role in the pre-wedding rituals and ceremonies in Hindu marriages. The engagement or ‘Sagai’ ceremony is considered the first step towards the union of the couple, and it is usually carried out in the presence of both families. The Haldi and Mehendi ceremonies, which involve applying turmeric paste and henna on the bride and groom, respectively, have religious significance as they are believed to ward off evil forces and bring blessings for a happy married life. The involvement of a priest or ‘Pandit’ in these rituals adds a religious touch to these ceremonies.
Another such ritual is the ‘Mangal Pheras’ or ‘Saptapadi,’ where the couple takes seven rounds around the sacred fire, representing the seven promises they make to each other as they embark on a new journey together. These promises are based on the Hindu principles of dharma, artha, kama, and moksha, which signify duties, prosperity, love, and spiritual liberation, respectively. These rituals not only strengthen the bond between the couple but also reinforce the importance of religion in their marriage.
Furthermore, another vital aspect of Hindu marriages influenced by religion is the concept of ‘Kundali Milan,’ which is the practice of matching the bride and groom’s horoscopes. According to Hindu beliefs, the alignment of stars and planets at the time of birth can influence an individual’s life and compatibility with their partner. Kundali Milan is seen as an essential step in finding a suitable match for marriage, and many Hindus believe that it can predict the success of the marriage. Religious priests are consulted to perform this ritual and guide the families in choosing a compatible match for their children
In Hinduism, marriage is seen as a way to attain spiritual growth and evolution. The concept of ‘Grihastha’ or the householder’s stage of life is given a lot of importance in Hinduism. It is believed that marriage is a necessary step in an individual’s spiritual journey, and it helps one to fulfill their duties towards their family and society. Spiritual growth is a crucial aspect of Hinduism, and the institution of marriage is seen as a means to achieve it. The teachings of Hinduism guide the couple to lead a righteous and harmonious married life, which aids in their spiritual progress.
STATUS OF DIVORCE FROM RELIGIOUS POINT OF VIEW:
Religion also plays a significant role in maintaining the sanctity and longevity of a marriage. In Hinduism, marriage is considered a lifelong commitment, and divorce is seen as a last resort. The religious teachings emphasize the importance of patience, understanding, and forgiveness in a relationship, which strengthens the marriage bond. The religious texts also provide guidance for couples to resolve conflicts and overcome challenges in their marriage. The scriptures also provide examples of the ideal married couples, such as Lord Shiva and Goddess Parvati, who are seen as the role models for a harmonious and devoted marriage.
However, in the event of a divorce, the Hindu law allows for the couple to seek guidance from religious leaders and counsellors to try and save their marriage. Many Hindu couples also opt for a religious ceremony to dissolve their marriage instead of a civil divorce. This shows how religion continues to be a guiding force even in the most challenging times of a marriage.
CASTE SYSTEM IN MARRIAGE:
Apart from the religious rituals and beliefs, Hinduism also influences the social structure and customs surrounding marriage. The caste system, which is a quintessential part of Hindu society, also plays a significant role in Hindu marriages. In the past, marriages were only permitted within one’s caste, and the union of two individuals from different castes was considered taboo. The caste system is deeply ingrained in Hinduism, and it has had an impact on the traditional arranged marriages that are still prevalent in many Hindu communities. However, with the changing times, the influence of caste on marriages is decreasing, and many Hindu couples are now choosing their life partners based on mutual compatibility and understanding rather than societal pressures.
In recent times, there has been a rise in inter-religious marriages in India, where one partner belongs to a different religion. In such cases, the influence of religion may vary depending on the individual’s beliefs and the community they come from. However, in most cases, both partners are expected to respect each other’s religious beliefs and incorporate them into their married life. Religion plays a crucial role in promoting harmony and understanding in such marriages and helps the couple to embrace each other’s customs and traditions
INTERSECTION OF RELIGION AND LAW:
In addition to the religious customs, Hindu marriages are also governed by personal laws, such as the Hindu Marriage Act, 1955. This legislation codifies the legal framework for Hindu marriages in India and outlines the conditions for a valid marriage, the rights and obligations of the spouses, and the grounds for divorce. The Act recognizes the religious customs and rituals associated with Hindu marriages and provides legal validity to these ceremonies. It also addresses issues such as the registration of marriages, the age of marriage, the validity of consent, and the rights of spouses in matters of inheritance and maintenance.
One of the key aspects of the Hindu Marriage Act is the concept of ‘sapinda relationship’ and ‘prohibited degrees of relationship.’ These concepts are derived from Hindu religious texts and determine the eligibility of individuals to marry based on their familial relationships. The Act prohibits marriage between individuals who are within the prohibited degrees of relationship, as specified in the religious texts. This intersection of religious principles with legal provisions highlights the influence of religion on the legal framework governing Hindu marriages.
Furthermore, the Hindu Marriage Act recognizes the importance of customary rituals and ceremonies in Hindu marriages. Section 7 of the Act specifically states that the marriage may be solemnized in accordance with the customary rituals and ceremonies of either party. This provision acknowledges the significance of religious customs in Hindu marriages and ensures that the legal framework accommodates and respects these traditions.
Moreover, Hinduism also lays down rules and regulations for marriage, which have a legal implication. For instance, Hinduism allows for monogamous marriages, where a Hindu can have only one spouse at a time. The Hindu Marriage Act also recognizes this and prohibits bigamy or polygamy among Hindus. This shows the close connection between religious teachings and the law in Hindu marriages
Religion also plays an essential role in the different customs and rituals performed during the wedding ceremony. These customs and rituals have a significant legal implication as they are considered mandatory for the marriage to be recognized under the law. For instance, the ritual of Kanyadaan, where the father of the bride gives away his daughter to the groom, is an essential custom in a Hindu marriage. According to Hindu law, the marriage is not considered complete unless this ritual is performed.
Another important aspect of the legal perspective on Hindu marriages is the registration of marriages. The Act mandates the registration of Hindu marriages to ensure legal recognition and protection of the rights of the spouses. The registration process involves the submission of relevant documents and the recording of the marriage in the official register. This legal requirement complements the religious aspect of marriage by providing a formal acknowledgment of the union under the law.
CONCLUSION:
The role of religion in Hindu marriages is not limited to just the wedding ceremony, but it also extends to the post-marriage rituals and traditions. Hinduism places great emphasis on the institution of marriage, and therefore, there are various rituals and customs that are to be followed even after the wedding. The first year of marriage is considered crucial, and many rituals and pujas are performed during this period to seek the blessings of the almighty for a happy and prosperous married life. The religious practices, such as fasting and offering prayers, help the couple to develop a spiritual bond and create a sense of unity between them.
The role of religion in Hindu marriages is significant, and it has a legal perspective that is deeply rooted in the religious and cultural beliefs of the Hindu society. The Hindu Marriage Act, 1955, recognizes and respects the religious and cultural norms of Hindus, and it lays down the essential requirements for the validity of a Hindu marriage. The customs and rituals that are an integral part of the Hindu marriage ceremony are based on religious texts and scriptures, and they have been followed for centuries. Hinduism views marriage not just as a legal contract but also as a social and cultural obligation, and it plays a crucial role in maintaining the social fabric of the Hindu society.
In conclusion, religion plays a significant role in Hindu marriages, as it shapes the beliefs, values, and traditions associated with this sacred union. The religious rituals and ceremonies not only add a spiritual touch to the marriage but also strengthen the bond between the couple and their families. While some may argue that the emphasis on religious customs and traditions restricts individual freedom, for many Hindus, marriage is not just a personal event but a spiritual and social duty that brings two souls together in the presence of God.
REFERENCES:
STATUTES:
The Hindu Marriage Act, 1955
BOOKS:
Hindu Marriage: A Comprehensive Guide by Swami Sivananda
Hindu Marriage: Customs, Traditions and Ceremonies by Anand G
WEBSITES & PUBLICATIONS:
Hinduism, marriage and mental illness, written by Indira Sharma. The link to which is herein https://journals.lww.com/indianjpsychiatry/fulltext/2013/55002/hinduism,_marriage_and_mental_illness.21.aspx
Exploring the Myth of Mixed Marriages in India: Evidence from a Nation-wide Survey by Srinivas Goli **. The link to which is herein https://d1wqtxts1xzle7.cloudfront.net/35784273/Exploring_the_Myth_of_Mixed_Marriages-libre.pdf?1417384728=&response-content-disposition=inline%3B+filename%3DExploring_the_Myth_of_Mixed_Marriages_in.pdf&Expires=1704049361&Signature=Mkc61JwfQfKQ2nKOpH94DJ5rQ6I9vGZZ9Furq~M7f5KXRqaMAWfhX7AwgDMNJTMZUObbcqAqzbpoPjWwZZr1Cj08WBvl9dGLzE0hiZ0RIPdk9Tda9ysw2BF8OjyvdgwB~R~i8HOwjPJgqSGrwwcfWq~gX5ljljW~dlZSjileCY966bGUXbSDmA2kGhGwblmROzaCAs~7QbZuR6xf1nIRb7XFeeHo0TR7nMgVjxSa~~7VzeTnhSlnTCJqr4iAtvVgUCP6dZqtxO-mwo1l6dSYCoIGWLHC4GRqxtmYjnRUHtRYiP6m8~uF-DeRw2LP8X-aI-jXAJDe2N6k0kk~-6DpTA__&Key-Pair-Id=APKAJLOHF5GGSLRBV4ZA
Changing Patterns of Hindu Marriage and Family by K. M. Kapadia. The link to which is herein https://journals.sagepub.com/doi/pdf/10.1177/0038022919540104
Changing marriage patterns in Hindu Society originally written by Monali P. Gandhi the link to which is herein https://ijrssis.in/upload_papers/03032023055806f_Monali%20Gandhi%20Paper.pdf
Marriage, religion and society by Giri Raj Gupta. The link to which is herein https://books.google.co.in/books?hl=en&lr=&id=25a-EAAAQBAJ&oi=fnd&pg=PT16&dq=changing+patterns+of+hindu+marriage&ots=8x9Lh0J3f3&sig=9z4uhWKICNUgyVP7lsotypxj8Io&redir_esc=y#v=onepage&q=changing%20patterns%20of%20hindu%20marriage&f=false