This article has been written by Ms._ISHA BHARTI, a 3rd-year student of B.B.A., LL,B(Hons),  CMR UNIVERSITY- School of Legal Studies, Bangalore. 

ABSTRACT: 

Indian Hindu weddings stand as a tapestry woven with centuries-old rituals, each intricately layered with profound meaning rooted in Vedic traditions. Among these, the ‘Kanyadan’ ritual has emerged as a cornerstone in contemporary discourse, provoking thoughtful contemplation on the evolving roles of genders and the position of women within society. This ritual’s emotive depth and cultural resonance have ignited widespread discussions, drawing attention to its place in our ever-evolving societal fabric. The confluence of tradition and progressive values presents a compelling area ripe for comprehensive exploration. Embracing this delicate balance between honouring heritage and embracing evolving norms holds the essence of fostering a society that upholds age-old traditions while championing individual autonomy, diversity, and an inclusive ethos.

 

KEYWORDS: Kanyadan, gender roles, women’s status, societal landscape, tradition, evolving values, Vedic traditions, individual freedom, diversity.

 

INTRODUCTION : 

Indian Hindu weddings are rich with meaningful rituals, each carrying deep sentimental value passed down since the time of the Vedas. Over generations, these rituals have evolved, some becoming entirely new expressions. Modern Hindu weddings blend these diverse customs into a unique celebration.

One such crucial ritual is ‘Kanyadaan.’ This term, literally meaning ‘Donation of a Maiden,’ signifies the moment when the bride’s father presents her to the groom, entrusting him with her future. It’s an ancient tradition, emotional and profound. Despite believing no man can measure up for his daughter, the father willingly entrusts his most cherished person to a relative stranger, hoping for the same care and love. It’s a poignant ritual, acknowledging a father’s sacrifices for his daughter’s happiness.

 

 MEANING OF KANYADAAN: 

• The hidden meaning behind Kanyadaan:

In the wedding ritual, the bride embodies the Goddess Laxmi, and the groom symbolises Lord Vishnu. The union orchestrated by the bride’s parents is seen as the merging of these two divine entities through the ceremony.

Meaning: 

• The Kanyadaan ritual serves as the bride’s parents’ consent in accepting the groom as their son-in-law. It also signifies their plea to the groom to embrace their daughter as his wife, as explained by some interpretations.
• ‘Kanyadaan’ originates from ‘Kanya,’ meaning daughter, and ‘daan,’ signifying donation or giving away. It’s a prevalent Hindu custom where the father ceremonially gives away his daughter during the wedding. Interestingly, the concept of ‘kanyadaan’ finds no mention in the Vedas. The roots of ‘kanyadaan’ are traced to the ‘Manu Smriti’ texts. According to these ancient texts, a male guardian was considered essential for a woman’s existence. Initially, the father served as the guardian, and this guardianship transferred to the husband post-marriage, as per the principles laid out in the ‘Manu’ text.

 

HISTORY AND EVOLUTION: 

 

Hindus follow two types of schools: 

Mitakshara and Dayabhaga. In West Bengal, Dayabhaga is practised, while Mitakshara is followed in the rest of India. The distinction lies in matters of inheritance.

Regarding Hindu marriages, specific conditions must be met according to Hindu Law. Firstly, neither party should have a living spouse at the time of marriage. Secondly, both parties must be capable of giving valid consent and should not suffer from mental disorders that render them unfit for marriage or procreation. The groom should be at least 21 years old, and the bride should be at least 18 years old. Moreover, the parties should not be within prohibited relationship degrees unless the custom or usage permits such a marriage.

Ceremonies for a Hindu marriage can vary significantly based on regional and family traditions. However, three primary rituals typically prevail:

• Kanyadaan: The father ceremonially gives away his daughter.
• Panigrahana: The groom holds the bride’s hand before the sacred fire, symbolising their union.
• Saptapadi: This is a pivotal ritual where the couple takes seven steps together, each step representing vows exchanged between them. After this ritual, signified by the divine presence of fire, the couple is considered husband and wife.

 

SIGNIFICANCE : 

The Kanyadaan ritual holds profound religious significance, steeped in symbolism. Throughout the wedding, the groom is likened to Lord Vishnu, and during Kanyadaan, the parents offer their daughter, a significant part of their lives, to him. This act is seen as the ultimate offering to the Divine, believed to absolve the parents of earthly sins and grant them moksha, liberation from the cycle of life and death.

Simultaneously, the ritual underscores the parents entrusting the groom with their most precious ‘gift’ – their daughter. It’s an expectation that he will cherish, respect, and ensure her happiness in every possible way.

While the ritual may appear somewhat biased towards men, it’s not exclusive to Hindu customs. Similar traditions can be found in Christian and Jewish weddings, where the father escorts the bride to the altar and ‘gives her away’ to the groom.

 

WHETHER MARRIAGE IS VALID WITHOUT PERFORMING ESSENTIAL RITUALS OF MARRIAGE ?

 

In essence, the query revolves around the validity of a marriage in the absence of essential marriage rituals. The cases referenced highlight the legal intricacies regarding the validity of a marriage when certain customary rites are not performed.

The case of Inderun Valungypooly v. Ramaswamy (1869 (13) MIA 141) and subsequent rulings such as Sastry Velaider v. Sembicutty (1881 (6) AC 364) elucidate that the law presumes a couple living together as husband and wife to be in a valid marital union unless proven otherwise. However, Section 494 I.P.C. addresses marriages that are void due to occurring during the lifetime of a living spouse. This implies that for a marriage to be void, it must initially be valid according to the applicable law.

The expression ‘whoever marries’ in Section 494 I.P.C. infers a valid marriage. If a marriage is deemed invalid as per the law, it holds no legal standing. Mere cohabitation, despite societal acknowledgment, does not necessarily confer the status of a lawful marriage.

The case of Koppiset@ … vs the State Of A.P (2009) and others suggest that when a marriage is accepted as valid by society and relatives for a substantial period, it might be considered valid. However, the absence of essential ceremonies, as highlighted in State vs Parveen Bhanderwal (2019), challenges the validity. Pandit Deepak’s testimony emphasised crucial ceremonies like ‘kanyadaan’, ‘hawan’, and ‘saptapadi’, pivotal in validating a marriage.

Failure to establish the performance of essential rites, specifically the invocation of the sacred fire and ‘saptapadi’, raises doubts on the validity of the marriage. In cases where these ceremonies are not fulfilled, validity might be dependent on customs permissible within the caste. If such customs are not followed, the validity of the marriage might be contested, as observed in the acquittal of the accused in State vs Parveen Bhanderwal.

Therefore, the validity of a marriage in the absence of crucial rituals is a nuanced matter, where legal standing might depend on adherence to essential ceremonies or customs stipulated by law or caste traditions. 

 

TIME CHANGES, RITUALS DON’T 

 

The norm of not preferring sons is increasingly prevalent. As feminists, our discourse spans from advocating for family planning, equality, and girls’ rights to property, education, and all facets of life. Simultaneously, we adopt a radical stance, identifying males as sources of trouble and patriarchy as the root of societal evils. But amid these discussions, how often do we address the need for balance? How frequently do we target the core cause of inequality, particularly within Hindu marriages and the enduring yet seemingly purposeless rituals?

Girls’ roles have undergone a seismic shift. They’re no longer confined to household chores and child-rearing alone. Instead, they pursue education, contribute to family finances, and take on caregiving responsibilities for their parents. In this evolving landscape, the persistence of rituals like ‘Kanyadaan’ begs scrutiny.

The logic behind upholding rituals such as ‘Kanyadaan’ in contemporary times seems increasingly obscure. As girls expand their roles beyond traditional confines and view themselves as equals to males, questioning these rituals becomes imperative.

‘Kanyadaan’, a ritual deeply embedded in Hindu marriages, symbolises much more than a ceremonial act. It perpetuates patriarchy by endorsing patrilocal residence and symbolically reducing a girl to a gift, relinquishing her agency and independence. For girls who identify themselves beyond traditional roles and seek parity with males, challenging rituals like ‘Kanyadaan’ becomes essential. This ritual not only sustains but reinforces the structures of patriarchy, distorting the concept of equality and perpetuating archaic gender norms. Rejecting such practices becomes a critical step in the pursuit of genuine gender parity. 

The need of the hour is to question and ultimately discard rituals that fuel inequality and perpetuate outdated gender constructs. By rejecting practices like ‘Kanyadaan’, individuals pave the way for a more equitable and progressive society, challenging the very roots of inequality entrenched within traditional customs.

 

DEBATE ON THE RELEVANCE OF KANYADAN

 

The court strongly opposed the plaintiff’s involvement in the rituals and ceremonies related to marriage. It’s evident from this stance that the plaintiff has no legal entitlement to conduct the ‘Kanyadan’ based on the circumstances of the case. Consequently, the plaintiff cannot seek the requested declaration, injunction, or any directive permitting him to perform the ‘Kanyadan’ during the marriage of the fifth defendant. This ruling was made in the case of Ramlal Agarwal vs Shanta Devi And Others on 2 April 1999 in the Andhra High Court.

The ‘Kanyadan’ ritual in Hindu weddings has stirred a significant debate in today’s society, especially concerning changing gender roles and the position of women. This discourse revolves around differing perspectives on the ritual’s significance and consequences. Some argue that ‘Kanyadan’ objectifies women and should be re-evaluated in light of modern relationships and gender equality. They assert that the ritual reinforces outdated notions, treating women as transferable possessions and perpetuating patriarchal ideals. For them, this ritual clashes with contemporary principles of gender equality and individual freedom. Conversely, proponents of ‘Kanyadan’ advocate for its preservation, highlighting its emotional and cultural significance. They see it as a representation of a father’s sacrifice in entrusting his daughter to the groom, holding profound sentimental value within Hindu marriage customs. The debate about ‘Kanyadan’ reflects a larger conversation on tradition, gender dynamics, and modernity. It captures the struggle between upholding cultural heritage and adjusting it to match evolving values of equality and personal autonomy. Consequently, the relevance of ‘Kanyadan’ in present-day Hindu weddings remains an ongoing subject of contemplation and discussion.  The ‘Kanyadan’ ritual within Hindu weddings has become a focal point in contemporary discussions due to its connection with shifting gender roles and the status of women in society. This discourse encompasses a range of perspectives, each offering unique insights into the implications and importance of this ritual.

Critics of ‘Kanyadan’ argue that the ritual undermines women’s autonomy by treating them as objects to be given away. They perceive it as an endorsement of outdated patriarchal norms, suggesting that the act implies women are transferable property. This viewpoint contends that in a modern context, where gender equality and individual freedom are paramount, such rituals clash with progressive values.

 

Conversely, supporters of ‘Kanyadan’ emphasise its emotional and cultural significance. They view it as a symbolic representation of a father’s heartfelt sacrifice in entrusting his daughter to her husband-to-be. To them, this ritual is a deeply ingrained cultural tradition, symbolising parental love and the sacred bond between families. They argue for its preservation based on its emotional resonance within Hindu marriage customs. This debate extends beyond the ritual itself, touching on broader societal themes of tradition, gender dynamics, and the evolving modern landscape. It essentially grapples with the challenge of balancing the preservation of cultural heritage while aligning it with contemporary values of equality and individual agency. Therefore, the ongoing discourse surrounding the relevance and implications of ‘Kanyadan’ in today’s Hindu marriages signifies a deeper exploration of the interplay between tradition, gender, and the evolving ethos of modernity.

 

PERSONAL VIEWPOINT : 

 

In acknowledging the deep sentiments attached to the ‘Kanyadan’ ritual, it’s crucial to appreciate the multifaceted nature of evolving societies. People hold diverse beliefs and values, which are inherently personal and often tied to cultural heritage. While some individuals find profound meaning in upholding these traditions, it’s equally crucial to recognise that societal norms and perspectives are continuously evolving. Mandating adherence to traditional rituals may inadvertently clash with the shifting landscape of societal values, where individual autonomy and freedom are highly prized. Our contemporary world values inclusivity and respects the autonomy of individuals to choose their paths. It’s within this framework that the debate on rituals like ‘Kanyadan’ gains complexity.

Respecting and honouring individual choices and beliefs is pivotal. Encouraging voluntary participation in cultural traditions is a celebration of diversity. However, imposing these practices as obligatory may not align with the inclusive and progressive ethos of our evolving society. The true beauty of cultural diversity lies in the freedom to choose and celebrate traditions that resonate personally, rather than enforcing them as societal mandates. 

Therefore, while recognising the emotional and cultural significance of ‘Kanyadan,’ it’s crucial to advocate for a space where traditions coexist harmoniously with the evolving values of individual autonomy and freedom of choice. Finding this delicate balance allows for the celebration of diverse beliefs while nurturing an inclusive society that respects personal agency and cultural richness.

 

CONCLUSION: 

 

The intricate debate surrounding the ‘Kanyadan’ ritual within Hindu weddings, exploring contrasting viewpoints and their implications. The ritual, with its emotional depth and cultural significance, has sparked discussions regarding its relevance in our evolving societal landscape. Throughout this exploration, we’ve recognised the emotional and sentimental value attached to ‘Kanyadan.’ However, we’ve also highlighted the tension between preserving tradition and aligning with evolving societal values. Mandating adherence to such rituals poses challenges in a world that values individual autonomy and freedom of choice.

The essence of a progressive society lies in navigating this tension delicately. Upholding cultural heritage should be celebrated as a choice rather than a dictate. Honouring tradition while respecting individual autonomy allows for a society that embraces diversity and choice.

Moreover, this discussion opens avenues for further research and development. Exploring how traditions like ‘Kanyadan’ can coexist with evolving societal values is an area ripe for deeper inquiry. Understanding the impact of cultural rituals on gender roles and societal perceptions can contribute significantly to our evolving discourse on tradition and modernity.

 

In conclusion, the ‘Kanyadan’ ritual signifies the broader struggle between tradition and modernity, where the key lies in fostering a society that cherishes tradition while embracing the values of individual freedom, diversity, and inclusivity.

 

REFERENCES : 

BOOKS : 

1. Hindu marriage act 1955
2. Family law – paras diwan 
3. Family law – RK bhagia 
4. Indian penal code- 1860  

CASES: 

1. Inderun Valungypooly v. Ramaswamy (1869 (13) MIA 141)
2. Sastry Velaider v. Sembicutty (1881 (6) AC 364)
3. State vs Parveen Bhanderwal.
4.  Koppiset@ … vs the State Of A.P (2009)
5. Ramlal Agarwal vs Shanta Devi And Others on 2 April 1999 in the Andhra High Court.

 

PAPERS & SITES: 

1. This article was originally written and published on legalserviceindia- Matrimonial Remedies Under Hindu Marriage Act, 1955- By Punitha- 

The link for the same is herein. https://www.legalserviceindia.com/legal/article-5520-matrimonial-remedies-under-hindu-marriage-act-1955.html 

1. This article was originally written and published on “Kanyadaan”- 

The link for the same is herein. https://www.culturalindia.net/weddings/wedding-traditions/kanyadaan.html