This article is written by Aarav Kandoi of 1st Year of B.A.LL.B(Hons.), Department of Law, Central University of Punjab, an intern under Legal Vidhiya
Introduction
Marriage is an important part of any society. It creates social relationships and kinship between a male and a female. It is an institution devised by society to sanction the union and mating of a male and a female for the purpose of physical relations, procreation of children, establishing a household and providing care for the offspring of marriage.
Each and every religious community has its own meaning and definition of marriage. According to Hindu, Marriage is a sacrament and an indissoluble union for procreation of a son for obtaining salvation. It is one of the 16 sacraments ( Sanskar ) of every Hindu’s life. The sanctity of the institution of marriage under Hindu Marriage is very clear from what has been given in Manusmriti.
According to Manusmriti, “Marriage is a divine institution given by god’s! One should not think that he has obtained her by Choice! Her unity with her husband is established by the Vedas”. Therefore, “a woman is half of her husband and completes him”. Manu also says that a Male is incomplete without his wife. A complete entity comes into existence by unification of a male and a female (Husband and Wife). This unification sets an example for others and glorifies their personalities.
Historical Aspects
Most Hindu marriages have historically been arranged and involved the family in deciding the pair. The Manusmriti was an old text written to govern society, which, among other things, specified early decrees on marriage, including the age at which people could marry. Traditional societies generally expected girls to marry little after puberty and boys in their late teens or early twenties. This stemmed from socio-economic conditions wherein early marriage was perceived as a tool in establishing alliances and securing lineage continuation.
Reform and Socio-political Campaigns Gradually, through reforms and socio-political changes, these problems relating to early marriages started to be addressed, particularly concerning the rights and health of women. An important milestone in the Hindu marriage scenario thus came under the purview of laws that looked towards making regulations related to age for marriage.
Conditions of Hindu Marriage
Hindu marriages have cultural traditions and are linked with historical perspective. It evolved through the age that led to social and legal reforms. Marriage in Hindu influenced by the social as well as legal aspects and reflecting cultural traditions and also addressing major issues such as gender equality, child rights and women rights.
Conditions of Hindu Marriage are defined under the Section 5 of Hindu Marriage Act, 1955. It says that – A marriage may be solemnized between any two Hindu’s, if the following conditions are fulfilled, namely:-
(i) Neither party has a spouse living at the time of marriage;
(ii) at the time of the marriage, neither party:-
- is incapable of giving a valid consent to it in consequence of unsoundness of mind; or
- though capable of giving a valid consent, has been suffering from mental disorder of such a kind of to such an extent as to be unfit for marriage and procreation of children; or
- has been subject to recurrent attacks of insanity
(iii) the bridegroom has completed the age of 21 years and the bride the age of 18 years at the time of the marriage;
(iv) the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;
(v) the parties are not sapinda of each unless the custom or usage governing each of them permits of marriage between the two;
In simple words, there are many conditions of Hindu marriage under the Hindu Marriage Act 1955 Such as Religion, Monogamous Marriage, Prohibited Marriage, Consent, Insanity or Idiocy of a Party, Impotency, Wife must not be pregnant at the time of marriage by some person other than the husband and Majority or Age.
Age is the most important condition of Hindu marriage
Marriageable Age for the Hindu
In the context of Hindu marriage, the idea of marriageable age is very important since it affects social norms, legal systems, and individual lives. It represents a system of laws and customs that have developed throughout time, reflecting societal ideals and tackling modern concerns like child rights and gender equality. We look at historical background, the legal requirements for marriageable age in Hindu law, and the contemporary social ramifications.
The Hindu Marriage Act,1955 is a Hindu personal law which codifies and modernizes various aspects of marriage. Different provisions under this law establish a minimum age for marriage. According to Section 5(iii) of Hindu Marriage Act, a minimum age of Bridegroom should must be 21 years and a minimum age of Bride should must be 18 years;
The age group is to protect different rights of an individual, as we already know potential risks of early marriage, especially for women. Early marriage could affect health, education and social relationships.
In the year 1978, The child Marriage Restraint Act of 1929 amended to prevent the Child Marriage by implementing age limit for the marriage. Marriage below the minimum age limit becomes illegal and void. But the enforcement of this law was not constant, especially in rural areas where people follow traditional practice.
Social Implications of Marriageable Age
- Education & Empowerment
Marriageable age has significant implications for education and women’s empowerment. It provides a great opportunity to young women to pursue higher education and develop other goals which led to financial independence and social prospects.
Some research also prevails that educated women advocate for their rights, led to lower rates of child marriage, improved healthcare facilities and also economic development and independence for women.
- Health
It was found that early marriage could lead to health issues especially in young brides (women) because she may not be able to handle the work of marriage and motherhood. They are not emotionally or physically ready for the responsibilities.
Research found that early pregnancies after marriage could led to complications and long term health issues such as maternal mortality, infant health issues etc. Marriageable age under law aim to mitigate different risks by promoting marriage after minimum age which leads to healthier families and communities. Hindu Law also restricted under age marriage.
- Culture
In India, traditional practices regarding marriageable age still is in existence in different communities specially in rural areas. Cultural Practices and an economic problems also pressurize early marriage and creating problems in enforcing rules and regulations. Cultural practices working as a barrier to achieving equality between a man and a women and improving the condition of women. Many efforts to change societal attitudes must need legal measures to achieve meaningful progress.
In the early age, Hindu Parents celebrate the Marriage of a girl before she attained puberty which seems to allow little room for variation within Hindu Culture. Early marriage was vogue in ancient days as socio – political and religious circumstances compelled a father to have his daughter married as early as possible. Their are some important legislation during the 19th century which was related to Hindu Marriage, it includes:-
a) The Bengal Sati Regulation Act, 1829
b) The Widow Remarriage Act, 1856
c) The age of Consent Acts 1861 & 1891
d) The Child Marriage Restraint Act, 1929
After Independence, we observed changing social practices and attitudes and the minimum age for women at least sixteen years. At this time child marriages remain legally valid.
CASE STUDIES
- Child Marriages & Rural Areas
In rural India, child marriage is still in focus, despite the rules and regulations. In India, many communities are unable to afford expenses of a girl child such as education, health and other economic burden which led to marriage of the daughter before marriageable age.
Reports revealed that child marriage was exceeded 30% to 40% in many states of India i.e. Bihar, Uttar Pradesh, Rajasthan & Haryana. It also highlighting the gap between social practices and the legal practices;
Government of India launched many programs to aware citizens about child marriage and education such as Beti Bachao – Beti Padhao. This initiative promoted education for girl children. It also involved community engagement, education and women empowerment. These types of initiative aimed to change mentality of a society towards child marriage and also help in promoting education for a girl child. Despite Beti Bachao Beti Padhao initiative, there are many other programs which are helping to aware citizens of our society on the topic of Child Marriage. It includes Nukad Natak, Drama, Awareness Camp etc..
- Child Marriage and Urbanization
In urban areas, people are more aware towards marriageable age. Urban areas have witnessed a shift in nature toward marriageable age. The main reasons for shifting nature toward marriageable age are improving economic conditions, education, developed society and employment opportunities. In Urban Areas, young people now give importance to personal choice in marriage. Sometimes they also delay marriage until they feel financially independent and ready for commitment.
This trend influences globalization on Indian Society but this also give positive effect to our society.
- Child Marriage and Challenges
In India, child marriage is still a big problem after different legal prohibitions. Different communities of India are still following their own historical law of marriage which is not based on any factors that we have discussed earlier such as economic, social or lack of awareness but they don’t want to end their traditions of marriage. This becomes a challenge for the government. Legal prohibitions are also not so efficient. Grassroot Movements and NGOs are working for a change. They are educating the public and awaring the importance of Marriageable Age and also promoting girl’s education.
Legal Challenges
- Judicial Activism
Judicial Activism means that court or judicial activity should go beyond the applicable law for an implementation of their decisions. It is just opposite of Judicial Restraint.
Indian courts playing an important role to tackle the issues related to marriageable age and child marriage. Supreme Court of India already focusing on enforcing the laws against child marriage.
Some landmark judgements emphasized the need for speedy and strict enforcement of laws related to child marriage, girls education and Protection of minors. This law helps in women empowerment.
- Grassroots Movements
Grassroot Organization are emerging as a shining star across India and become an instrument for addressing issues related to child marriage and also advocating for changes the thinking toward marriage.
Grassroot Movements are programs that focus on education awareness and community engagements. Their main aim is to tackle child marriage and to empower young people. They engage with local communities and provide education, workshops and campaign to challenge traditional activities and also promote gender equality.
There are many remarkable initiatives done under grassroot movements.
One of the great initiatives was the “BETI BACHAO BETI PADHAO” (save the daughter, Educate the Daughter) which prompted the education for a girl child and equal opportunities. This initiative also created a positive environment for women and also helped to make them self independent.
Conclusion
The Hindu Marriage Act,1955 has a very broad scope. The conditions of marriage under the Hindu Marriage Act 1955 concerned with marriage of Hindus in India. The concept of Marriageable Age under Hindu Law play an important role in the legal framework and individual choice. Legal framework protects young individuals. Societal framework protects the traditional approach of these communities. Individual choice is also considered under Hindu Marriage Act 1955.
Conditions of marriage under Hindu Marriage Act 1955 provide equality, promote women empowerment, education and legal awareness to transform society regarding marriage. It also provides an equitable and supportive environment.
Marriageable Age under Hindu community evolved from time to time and reflects changes and values. It also helped in addressing issues through a different approach which includes legal framework, educational approach and community engagement.
We ensure that society can move towards a more equitable future for all individuals ensuring that marriage is a choice made with agency, respect and mutual understanding.
