This article is written by Durgesh Khoshya, an intern under Legal Vidhiya
ABSTRACT
Marriage, a foundational institution of the society, which weaves an intricate arrangement out of the connections between people, culture, and history, much like a timeless tapestry does. In ancient times, it was solely treated as a ceremony or ritual that unites and makes a relationship between a man and a woman. But in the modern legal era, we can say that it legalizes sexual intercourse between two people and gives future legal owners of their belongings and their acts also. So, we can deduce that with the evolution of society, the dimensions as well as the importance of change. Also, new forms of marriages came across with the passage of time, some were accepted, few were altered and molded with the customs and culture of the society and others were neglected on the grounds of equity and needs of that period.
People have different views on this issue over a period of time. It is multifaceted as a jewel, seen through a spectrum of prism, from the vessel unleashing woes and miseries to gleaming with the brilliance of the divine. As this union comes with rights and duties towards each other as well as society, law, and regulation are needed to maintain this institution.
KEYWORDS: Social Institution, Marriage, Development, Evolution, Legal Reforms
INTRODUCTION
Marriage is a profound mirror of society that reflects the values of people confided in their souls. It tells you a lot about the society like its structure, its ideology, its acceptance theory, etc. Although it is a universal concept, how it is practiced and the meaning ascribed to it has a huge diversity. Some considered it as a sacrament while others termed it a contract, some prioritized it as a religious practice for moksha while some practiced it for their legal representation and rights connected to this. So, there is a diverse opinion on this. Even though, somewhere it comprised some religious values all across the world.
In the prehistoric period, where humans had no knowledge about the family sex life was not regulated by anyone that disturbed the roots of humankind. In that scenario, the child from that intercourse has no patriarchal relation. All the responsibility came on the shoulders of the mother. But, the most concerning part was that the women also left that child and engaged with other men and procreated children. Children were the most affected group as they nurtured themselves without their parents. This kind of procreation like animals distressed the values of mankind.
So, to overcome this inhumane practice, humans shaped families that regulated sex in society. It gave a child both matriarchal and patriarchal relations. There, marriage became the foundation of those families.
So, the journey of marriage started with regulating society and now it arrived at a new era where the concept of same-sex marriage spinning over the nations.
OBJECTIVE
In recent days, we all read about the dispute on same-sex marriage and the discussion on this in the Supreme Court. There is a huge variance of opinion over this issue. Supreme Court questioned the institution of marriage and its basic definition, whether it is solely a union of man and woman or it comprises other LGBTQ+ community individuals also.
But before forming any opinion regarding this issue, we need to know about the evolution of this institution of marriage. So, this work aims to find out the starting and evolution of marriage as a basic institution and expedite cross-cultural norms. Here, I mainly analyze the idea of marriage that changed with the development of society and how it impacts the relations in society.
PREHISTORIC PERIOD
In the nomadic period, humans’ main priorities were food and shelter to keep their bodies and souls together. They weren’t civilized enough to regulate their sexual intercourse. Their sex life was free and sex promiscuity was the trend.
Over time, humans started discovering new things. They cleared areas and developed settled societies where they lived, cultivated their crops, and reared their cattle.
Then also, sex was not regulated but the question of possession and ownership arose among people. Who would be the owner or master of their belongings? As sex was not regulated, it was maternity which could be known. Determining the identity of the father was uncertain and often challenging. But, at that stage of development, human males were seized with the idea of knowing their children. This quest to know the paternity of children laid the seeds of the institution of marriage.
So, it can be seen that the idea behind present marriages like love and personal growth was not the essence of their marriages. This institution has undergone a huge journey spanning thousands of years. It faced a lot of challenges, and new questions and ideas arose over the period, but it altered and adapted itself to changing social, political, economic, and legal landscapes.
Recorded Evidence
When humans stopped wandering and settled down, they started organizing their families. Most anthropologists believe that, for thousands of years, groups of male members were formed (tribal groups) and multiple women shared by them and also children. Further, they settled down into an agrarian society, a stable arrangement (monogamy) was opted by the society. The first recorded document of marriage ceremonies uniting one woman and one-man dates from about 2350 B.C., in Mesopotamia.[1]
ANCIENT PERIOD
In the ancient period, marriage was mainly performed to guarantee their biological heirs. It was closely tied to wealth and property. The community leaders and kings usually had several wives and concubines to satisfy their sexual thirst and accumulation of wealth. A woman was considered as a man’s so-called property who was, most of the time, mistreated by the man.
Alone with time passed, religious notions started indulging in this practice. In the West, the Roman Catholic Church recognized it as a religious practice in which the priest’s blessings were a necessary practice for the solemnization of any marriage. Other ceremonies and rituals were also developed to formalize this institution.
When we read ancient Indian texts, we got a completely different idea regarding marriage.
Marriage was the most important sacrament for Hindus. It was attached to various rituals and ceremonies which opened the way to God.
Muslim from the very beginning regarded their marriage as a contract. They defined it as a contract to legalize sexual intercourse and procreation of a child solemnized with the recitation of certain verses of Kuran.
Marriage laws of Hindus
Among Hindus, marriage was considered as samakar from the Vedic Period. They performed some sacred rites and ceremonies during marriage to invoke blessings from their deities. Rig Veda clearly mentioned wedding hymns, hymns against co-wives, and rites regarding domestic and individual issues of women as patni.[2] This sacred union primarily meant for the performance of social and religious duties They considered it a permanent union that even stays after your death. ‘Marriage is a sacred bond made in heaven that lasts for seven lives.’ After marriage, both women and men unite together and become one identity. It was considered as an unbreakable or undissolved tie that once tied cannot be untied. The concept of divorce did not even exist in ancient Hinduism.
Even though in Manusmriti, monogamy was described as an ideal form of marriage, and permits polygamy, most of the Hindu rulers practiced against it. Most of the rules had a number of wives and even in the hilly areas; polyandry was also practiced (for example Draupadi). Most of the marriages were for alliance purposes. Kings married their enemies to gain their support and wealth and expand their territories. Polygamy was prominent in the elite and the ruling class as common people couldn’t afford it. Middle-class people preferred marriage in the same caste. The caste system was prominent in that period.
MEDIEVAL PERIOD
In the medieval period, marriage as an institution was well-established. Some regulation was established by different societies according to their culture and conditions. Marriage was influenced by the ideas and views of other cultures. In the West, the Church played an important role in regulating and sanctifying marriages, where monogamy became the dominant form of marital union.
In India, rulers started regulating these institutions. New rituals were also added on with the advent of Sufism. Muslim marriage ‘nikah’ was introduced to Indians. In Hindu tradition, some social evils like sati and dowry somehow affected the dimensions of the marriage as a sacred institution. Also, the concept of divorce came into the picture. It became a custom to dissolve a marriage.
Arthashastra states that a marriage can end if both the parties are mutually accepted to do so and it should become an unapproved marriage. Manu, in his Manusmriti, rejected the idea of dissolution. He asserted that the death of either spouse is the sole way by which a marriage could be dissolve.[3]
Industrial Revolution
Till the medieval period, acquiring wealth and property was the main reason for most of the marriages. Rules got a huge amount of wealth in the form of animals and jewels and property. Dowry was a source of attaining goods for the common class. However during the Industrial Revolution, this ideology changed to some extent.
The economic shift led to an emphasis on individual happiness in life. People started focusing on happiness and pursuits rather than familial duties or wealth. Love and championships became a reason for
marriage.[4]
MODERNERA
With the development of society, the idea of marriage is also expanding. Strict laws were formed by the governing bodies for this institution where written rules were prescribed for marriage, remarriage, and divorce. Questions regarding other related issues like adoption, maintenance, custody, etc. also come into the picture. So, to answer all questions, laws were implemented by the governments and other national and international bodies to safeguard the rights of people.
In the modern era, gender equality and rights for women played an important role in evolving the institution of marriage. Over the years, women have faced discrimination in marriage. So, to overcome it, laws were enacted to give rights and opportunities to women. New questions about marriage like same-sex marriage or sologamy also arose before society.
In India also, the concept of marriage was mostly legalized in this era. Laws were implemented and amended to legalize this institution.
Marriage in Modern India
In the medieval period, when India was ruled by kings, there were no specific written laws to regulate marriage. But with the advent of Companies, new ideas, and beliefs start embedding in people. Social reform movements started to eradicate the evils of society. Laws against those were also enacted to punish the people. A wave of legal reform swept away most of the stereotypical practices of the past.
Legislative laws like the Hindu Marriage Act, Muslim Marriage Act, Special Marriage Act, etc. were implemented to regulate marriages. They mentioned a specific way to legally solemnize any marriage in India.
In this era, love marriage is more prominent than arranged marriages as people start focusing on affection and personal compatibility. Inter-religious and inter-caste marriages also increased break barriers between caste, culture, and religion. But with this development, cases of divorce are also grown up at a vast level. People are dissatisfied with their marriage. [5]For some, it becomes a hurdle in the way of their individual development, liberty and ambitions.
Now, new ideas have started evolving regarding this institution of marriage. Family Courts are full of marriage related issues. New laws emerged with new judgments by the court. The concept of same sex marriage becomes a change before Indian Supreme Court which needs to answer as soon as possible.
CONCLUSION
From this analysis, we can conclude that marriage as an institution evolved a lot. Where it started to give possession of the property, now the questions of individual development emerged in marriage. This change in the dimensions was highly connected with the social, political, and economic conditions of the society. It reflects the values, aspirations, and rights of people. Religion, culture, and customs are some other factors that molded this institution. Also, the future upholds the promise of further transformation, guided by the principles of equality, individual choice, and love.
[1] Editorial Team, The origins of marriage, The Week (3 September 3, 2023, 3:55 PM)
[2] Prerana Roy, DAUGHTERS, BRIDES AND WIVES: THE INSTITUTION OF MARRIAGE IN THE EARLY VEDIC LITERATURE (c. 1000 BCE to 500 BCE), Proceedings of the Indian History Congress, Vol. 79 (2018-19), pp. 38-45 (8 pages) (3 September 2023, 4:20 PM) https://www.jstor.org/stable/26906227
[3] Rachit Garg, Grounds for divorce, Ipleaders (3 September, 2023, 7:17 PM), https://blog.ipleaders.in/grounds-divorce-the-hindu-marriage-act/
[4] Frank F. Furstenberg, Jr., Industrialization and the American Family: A Look Backward, American Sociological Review, Vol. 31, No. 3 (Jun., 1966), pp. 326-337 (12 pages) (3 September 2023, 9:30 PM), https://www.jstor.org/stable/2090821
[5] Nikunj P Trivedi and Dr. M. Sulagna Mohanty, Reason behind the Divorce Rate Have Changed Over Times, JETIR February 2019, Volume 6, Issue 2(3 September, 2023, 10:44 PM) https://www.jetir.org/papers/JETIREV06038.pdf
