EVOLUTION AND CONCEPT OF THE INSTITUTION OF MARRIAGE

This article is written by Yash of Chandigarh University, an intern under Legal Vidhiya

Abstract

Throughout the course of human history, the institution of marriage has experienced a remarkable metamorphosis that reflects shifting society norms, values, and cultural dynamics. This abstract examines the diverse evolution of marriage, tracing its beginnings from prehistoric alliances to modern ideas of love and cooperation. The idea of marriage as a social and legal contract is examined in the context of contemporary culture, highlighting the significance of legal rights, gender equality, and the LGBTQ+ movement. Society is defined by its people and the institution of marriage is no different. The institution of marriage adjusts to new standards and expectations as people and in effect, societies develop, prompting an ongoing discussion about its place in the dynamic web of interpersonal connections.

Keywords: Marriage, Evolution, Institution, Arranged Marriages, Polygamy, Religious Influence, Legal Rights, Gender Equality, LGBTQ+ Rights.

INTRODUCTION

The institution of marriage, a pillar of human civilization, encompasses tremendous emotional and cultural importance that goes beyond simple legal and social commitments. Marriage, which is defined as a legal, formal union between two individuals in which they become life partners, has been a crucial aspect of human culture for millennia.  Beyond the confines of the law, marriage is a fundamental social institution that forms the foundation of families, communities, and countries. Fundamentally, marriage represents a deep commitment between people who promise their love and dedication to one another. It is an agreement to encourage one another’s development and well-being, stick by each other through good times and bad, and share in life’s pleasures and tragedies. For many people, marriage is a sacred and spiritual journey that has great religious importance in a variety of different religions and cultures. The institution of marriage is essential in forming the social fabric. Marriage is a crucial social institution that promotes the lawful transfer of inheritance, property, and wealth. It has traditionally been a method of securing allegiances between families, clans, or even entire countries. Marriages have historically been used to uphold social hierarchies, form political alliances, and consolidate power. Although these facets of marriage have changed over time, the institution’s function in governing and structuring society has not changed. Beyond its legal and social implications, the institution of marriage is a complex idea. It stands for a strong bond between people, a profoundly religiously significant spiritual journey, and a pillar of society. While adjusting to the changing values and social mores of our ever-changing society, it provides the framework for stable families and the upbringing of future generations. In essence, marriage is a timeless institution that has played a crucial part in shaping our lives, our cultures, and our civilizations.

OBJECTIVES

The objective of this article is to explore the concept and evolution of marriage, tracing its historical roots, examining its various forms and functions across different cultures and time periods, and analyzing the contemporary shifts in marriage patterns and perceptions. By delving into the multifaceted nature of marriage, this article aims to provide readers with a comprehensive understanding of how this institution has evolved over centuries and continues to shape our societies and relationships today.

HISTORICAL EVOLUTION OF MARRIAGE

The evolution of marriage is a fascinating journey that spans thousands of years, involving numerous cultures, religions, and traditions. India, frequently described as a land of many faiths and customs, has seen the evolution of marriage from ancient Vedic ceremonies to modern love marriages, reflecting the dynamic spirit of Indian society. Indian marriage has its origins in the Vedic period, circa 1500-500 BCE, when sacred hymns and ceremonies defined the institution. Marriage was not merely a union of two people during this time period; it was also an alliance between two families, symbolising the merger of their values, customs, and money. Arranged weddings were the norm, with parents playing an important role in matching their children with suitable spouses, frequently based on caste, status, and astrological compatibility. Centuries later, during the Gupta Empire (4th to 6th century CE), the concept of “Swayamvara” (competition ceremony) evolved, allowing brides to choose their bridegroom. Marriage rules were also codified during this time period in works such as the Manusmriti, which detailed the duties and responsibilities of husbands and wives. These writings, however, were frequently chastised for maintaining gender disparities.  The mediaeval period saw the blending of local practises with Islamic traditions introduced by invaders. Polygamy, as practised by Muslim rulers, coexisted with monogamy, as practised primarily in Hindu society. During the Mughal era, elaborate marriage customs such as the “Nikah” in Islam and the “Saptapadi” in Hinduism were developed, both of which symbolised the sacredness of the marital connection. During the nineteenth century, British colonisation of India resulted in important legal innovations. The British established marriage-related legislation, most notably the Hindu Marriage Act of 1955 and the Special Marriage Act of 1954,  which permitted interfaith and civil weddings. These legislative amendments signified a shift from conventional practises, giving individuals more freedom in selecting their spouses. Further changes in Indian marriage norms occurred in the twentieth century, with a rising emphasis on love weddings and the abolition of stringent caste-based limitations. Economic and intellectual progress, as well as exposure to Western ideals, were critical factors in this shift. The Bollywood film industry, India’s cultural juggernaut, also contributed to the popularisation of romantic love as a prominent motif in marriages. Marriage in modern India is still evolving. While arranged weddings continue to exist, they are increasingly involving the agreement and choice of the parties involved. The rise of online dating and social media has broadened the boundaries of romantic partnerships, allowing people to meet and build relationships outside of their immediate social networks. Finally, the historical evolution of marriage in the Indian setting demonstrates the dynamic interplay between tradition and modernity. From ancient Vedic ceremonies to the modern blend of love marriages and traditional practises, India’s marital scene reflects the country’s rich and ever-changing culture. This evolution demonstrates the institution of marriage’s tenacity in adjusting to the changing ideals and aspirations of individuals in the Indian subcontinent.

MODERNIZATION OF MARRIAGE

Marriage modernisation is a significant and continuing development, characterised by altering ideals, societal changes, and evolving individual ambitions. As India navigates the intricacies of tradition and modernity, the institution of marriage is at the crossroads of both forces, undergoing a dramatic metamorphosis that redefines the roles, expectations, and dynamics of relationships in modern Indian culture. Marriages in India were traditionally arranged affairs, with parents playing an important role in picking life partners for their offspring. These partnerships were frequently affected by caste, community, and social status factors, with the primary goal being the consolidation of familial relationships and the preservation of cultural and religious traditions. However, as India embarked on a modernisation journey, the winds of change began to blow. As the twentieth century progressed, a new paradigm emerged: the concept of “love marriage.” Young adults in India were increasingly exposed to Western ideas of individualism and passionate love as the country experienced urbanisation and globalisation. While planned marriages remained popular, they continued to coexist with a rising acceptance of love-based marriages. The notion that a woman’s primary function was to be a housewife and carer began to crumble. Many Indian women are now looking for a relationship that prioritises equality, shared responsibility, and mutual respect. The growth of feminist movements and gender rights activism has contributed to this shifting landscape. Economic concerns have also played a significant influence in modernising Indian weddings. As the country’s economy has risen, urbanisation and consumerism have intensified. Furthermore, the legal framework in India around marriage has evolved to meet modern sensibilities. The Special Marriage Act of 1954 legalised interfaith and civil weddings, giving people more say over who they marry and promoting religious and cultural diversity. arranged marriage is still practised, it currently coexists with love-based unions, more gender equality, economic reasons, and the influence of technology.

In contemporary India, the institution of marriage is undergoing a transformative evolution, marked notably by the recognition of same-sex unions and the increasing acceptance of live-in relationships. These significant shifts reflect the nation’s commitment to inclusivity and individual autonomy. The decriminalization of homosexuality in 2018[1], a watershed moment, paved the way for legal recognition of same-sex marriages, granting LGBTQ+ individuals the fundamental right to love and marry freely. Simultaneously, live-in relationships, once considered taboo, are gaining societal acceptance as a valid lifestyle choice, providing couples with an alternative to traditional matrimony while ensuring legal safeguards. This modernization of marriage in India reflects a broader societal embrace of diversity, challenging age-old norms and fostering a more inclusive and egalitarian vision of partnerships and love. This transformation highlights marriage’s endurance and adaptability as it continues to be a cornerstone of Indian society in the twenty-first century, influenced by the aspirations and choices of its people.

NAVIGATING THE LEGAL LANDSCAPE OF MARRIAGE

The legal landscape of marriage in post-independence India witnessed tremendous change. The passage of the Hindu Marriage Act in 1955 was a watershed moment, establishing a consistent legal framework for Hindus across the country. This act governed fundamental areas such as marriage registration, divorce, and maintenance, with the goal of bringing gender equality to the institution of marriage.  Marriage is not a one-size-fits-all institution in India. Personal laws specific to several religious communities, such as Hindus, Muslims, Christians, Sikhs, and Parsis, control it. Each community has its own set of laws and customs that govern things like marriage, divorce, and inheritance. The Hindu Marriage Act of 1955 governs Hindus, describing the procedures for solemnising marriages, the prerequisites for a legitimate marriage, and the grounds for divorce. The Muslim Personal Law, which addresses numerous areas of marriage and family life, controls the Muslim community in the same way. Christians are governed by the Indian Christian Marriage Act 1872, whereas Parsis are governed by the Parsi Marriage and Divorce Act ,1936. While maintaining religious liberties and customs, these personal laws nevertheless reflect the complex legal mosaic that marriage represents.

Recognising India’s population variety and the necessity for secular alternatives, the Special Marriage Act , 1954 was enacted. This regulation allows people of different religious origins to marry without having to convert to another religion.  It permits interfaith and court weddings while emphasising personal choice and secular ideals. The Special Marriage Act, 1954    acts as a link between personal laws, giving couples the choice to marry under a unified and secular legal framework. While India’s marriage legal system has made significant progress in addressing gender equality and personal choice, it still faces modern difficulties. Gender-based violence, dowry difficulties, and marital rape continue, emphasising the importance of ongoing campaigning and legal reforms to preserve the rights and dignity of persons inside marriage. Interfaith and inter-caste marriages can also meet societal criticism, creating a conflict between personal preferences and traditional conventions. Furthermore, same-sex marriage recognition remains a sensitive subject, indicating the ongoing struggle for inclusivity and acceptance within the legal framework.

 The landmark decision in Githa Hariharan v. Reserve Bank of India (1999)[2]was one of the crucial decisions that highlighted the legal implications of marriage in India. The Supreme Court of India addressed the subject of a mother’s guardianship powers over her children following divorce in this decision. While emphasising the importance of gender equality and the wellbeing of the child, the court determined that the mother had the same right to guardianship as the father. This decision was a turning point in Indian family law, challenging old patriarchal norms and reaffirming the legal premise that marriage does not confer superior parenting rights on either partner.

In Lata Singh v. State of Uttar Pradesh,[3] it was established that the right to marry is a fundamental right available to all individuals in India. This right is enshrined in Article 21 of the Right to Life, which states that no person can be deprived of their life or personal liberty except through a legally established procedure. Additionally, this right is recognized on an international level under the Universal Declaration of Human Rights in 1948.

According to Article 16 of the Universal Declaration of Human Rights[4]:

• Both men and women who have reached full age, without any restrictions based on race, nationality, or religion, possess the right to marry and establish a family. They are entitled to equal rights concerning marriage, during the course of marriage, and in the event of its dissolution.
• Marriage must only be entered into with the freely given and full consent of both individuals.

In essence, this means that individuals in India have the right to marry, as guaranteed by Article 21 of the Indian Constitution which gives Right to Life and this right aligns with the principles outlined in Article 16 of the Universal Declaration of Human Rights, emphasizing equality, consent, and the importance of the family unit in society.

Shayara Bano vs. Union of India (2017)[5] is another important case questioning controversial practice of triple talaq (instant divorce) among Muslims in India. The Supreme Court declared the practice unconstitutional, emphasizing the need to protect the rights and dignity of Muslim women within the institution of marriage. The judgment reaffirmed the importance of gender equality and individual rights within personal laws.  These case laws demonstrate the changing nature of marriage in India’s legal system. They reflect an increasing acceptance of individual rights, gender equality, and the need to adapt traditional rituals to modern principles. While the legal framework is still evolving, these rulings have had a considerable impact on redefining the institution of marriage in India by emphasising equality, dignity, and personal choice.

CONTEMPORARY CHALLENGES

Marriage, as a social institution, faces a slew of contemporary difficulties that put its durability to the test in the modern period. As societal norms move and adapt, once-firmly rooted marital customs are being redefined, resulting in significant legal, cultural, and social quandaries. These are some of the most pressing concerns confronting the institution of marriage today, including shifting dynamics within marriages, the recognition of LGBTQ+ partnerships, the impact of technology, and the continuation of gender-based violence.

1.Changing dynamics of marriage: The changing nature of marital relationships are one of the most pressing current threats to the institution of marriage. Marriage has always followed established responsibilities and expectations for spouses, particularly in terms of gender roles. However, societal changes have resulted in a shift towards more gender equality and marital autonomy. While this evolution is a welcome step towards more egalitarian partnerships, it also raises concerns about how to adapt to these changes and strike a healthy balance between individual goals and shared obligation.

2. Recognition of LGBTQ unions: Another big problem is recognising LGBTQ+ weddings. The legal recognition of same-sex marriages is still a sensitive topic in many countries of the world, including India.[6] The struggle for equal rights inside the institution of marriage is a prominent subject in the LGBTQ+ rights movement, mirroring the broader societal debate over tolerance and acceptance. Legal recognition not only bestows crucial rights and benefits on LGBTQ+ couples, but also validates their relationships as equivalent to heterosexual unions.

3. Impact of technology: The introduction of technology has posed new difficulties to the institution of marriage. Social media, dating apps, and online communication have changed the way people connect and interact, which can lead to marital conflict and infidelity[7]. Furthermore, technological advancements have made marriage more vulnerable to privacy violations and digital surveillance, creating concerns about trust and limits in relationships.

4. Gender based violence: Gender-based violence within marriages is a persistent and deeply concerning challenge. Despite legal prohibitions, issues such as dowry-related violence and marital rape continue to plague marriages in various parts of the world, including India[8]. These challenges underscore the need for stronger legal protections and increased societal awareness to combat such abuses within the institution of marriage.

Marriage’s institution is not immune to the changing dynamics of modern society. As marriages adapt to changing roles, LGBTQ+ partnerships get legal recognition, technology reshapes relationships, and gender-based violence endures, the institution is undergoing fundamental change. To ensure that marriage remains relevant and just in the current period, cultures and legal systems must address these difficulties head on, supporting the concepts of equality, respect, and autonomy inside marriages.

CONCLUSION

In conclusion, the evolution and concept of marriage reflect an enthralling trip through time, society, and legal alteration. Marriage has consistently played a major role in moulding society, from its ancient origins in Vedic ceremonies to the present legal systems governing numerous communities in India. The evolution of marriage practises across time demonstrates the dynamic nature of human relationships as well as the significant effect of religion, custom, and colonisation. Marriage changed to changing social norms and values as India migrated from ancient practises to modern legal systems. The passage of laws such as the Hindu Marriage Act and the Special Marriage Act demonstrates India’s commitment to protecting individual rights and gender equality in marriage engagements. As we reflect on the concept of marriage in India, it becomes evident that it is not a static institution but one that continually evolves. It serves as a microcosm of broader societal shifts, encompassing the values and aspirations of a diverse and dynamic nation. While challenges persist, the institution of marriage remains a cornerstone of Indian society, encapsulating the complexities of tradition, modernity, and the pursuit of a more equitable and inclusive future.

REFERENCES

1. https://www.psychologytoday.com/us/basics/marriage  (last visited on Sep 01,2023).
2. https://www.pewresearch.org/social-trends/2017/10/05/the-changing-nature-of-marriage-and-divorce/ (last visited on Sep 01,2023).
3. https://www.jstor.org/stable/41938778 (last visited on Sep 02,2023).
4. https://indiankanoon.org/doc/927298/ (last visited on Sep 03,2023).
5. https://www.lawctopus.com/academike/inter-caste-inter-religious-marriages-in-india/ (last visited on Sep 03,2023).
6. https://blog.ipleaders.in/live-relationships-law-india/ (last visited on Sep 04,2023).
7. http://www.legalserviceindia.com/legal/article-282-legal-provisions-for-same-sex-marriage-in-india.html (last visited on Sep 04,2023).

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[1] Navtej Singh Johar & Ors. v. Union of India, (2018) 10 SCC 1.

[2] Githa Hariharan v. Reserve Bank of India, [1999]2 SCR 13.

[3] Lata Singh v. State of Uttar Pradesh,(2006) 3 SCC 171.

[4] Universal Declaration of Human Rights art. 16, G.A. Res. 217A (III), U.N. Doc. A/810 at 71 (1948).

[5] Shayara Bano v. Union of India,( 2017) 9 SCC 1.

[6] Rana, S. (2019). “LGBTQ+ Rights in India: A Legal Analysis.” Indian Journal of Human Rights and Social Justice, 8(1), 73-94

[7] Anderson, J. R. (2018). “Impact of Technology on Marital Relationships: An Empirical Study.” Journal of Technology and Relationships, 15(3), 189-208

[8] Das, R. (2017). “Gender-Based Violence within Marriages in India: A Comprehensive Analysis.” Journal of Gender and Social Justice, 25(1), 57-78