Marriage according to Hindu traditions Marriage,simply stated,is a legal union between a man and a woman to live together as man

and wife to constitute a family.But the laws of marriage are not that simple.Ancient Hindu Law recognised eight forms of marriage.Yet all these are only different forms,the ultimate result being a legal and social union to live as man and wife. As of today,in India,we have the following codified laws of marriage: The Hindu Marriage Act,1955 The Muslim Law of Marriage(Shariat) The Parsi Marriage and Divorce Act,1936 The Special Marriage Act,1954 The Indian Christian Marriage Act,1872 The Foreign Marriage Act,1969,etc. Each religion has prescribed some ceremonies and rituals connected with marriage which are followed in the religious groups in some parts of the country depending upon their geographical location,customs,etc. Also,according to the law,some marriages are valid,some are void abinitio and some are voidable at the option of the spouses. A void marriage is no marriage in the eye of the law.The parties are not husband and wife.The children born of such union are not legitimate.Since the marriage does not exist in law,it creates no rights,nor entails any responsibilities or obligations.A voidable marriage,on the other hand,is valid at the inception but can be avoided at the insistance of the parties on specific grounds.Until so declared,the marriage continues. Hindu Marriage joins two individuals for life, so that they can pursue dharma(duty), artha (possessions), kama (physical desires), and moksa (ultimate spiritual release) together. Its a union of two individuals from the opposite sex as husband / wife and is recognized by law. In Hinduism, marriage is followed by traditional rituals for consummation. In fact, marriage is not considered complete or valid until consummation. Sexual activity is acceptable only by the married couples in a Hindu society. It also joins two

families together. Favorable colours are normally red and gold for this occasion. Polygamy was practiced in many sections of Hindu society in ancient times. There was one example of polyandry in the ancient Hindu epic, Mahabharata, Draupadi marries the five Pandava brothers. Regarding polygamy, in Ramayana, father of Ram, King Dasharath has three wives, but Ram has pledged himself just one wife. In the post-Vedic periods, polygamy declined in Hinduism, and is now considered immoral, although it is thought that some sections of Hindu society still practice polygamy, in the areas of Tibet, Nepal, and China. Although the Vedas and the Hindu religion itself do not outlaw polygamy, the terms under the Hindu Marriage Act has deemed polygamy to be illegal for Hindus, Jains, Buddhists, and Sikhs. Origin of Hindu Law: Hindu law in its current usage refers to the system of personal laws (i.e., marriage, adoption, inheritance) applied to Hindus, especially in India.Modern Hindu law is thus a part of the law of India established by the Constitution of India(1950). Prior to Independence in 1947, Hindu law formed part of the British colonial legal system and was formally established as such in 1772 by Governor-General Warren Hastings,who declared in his Plan for the Administration of Justice that "in all suits regarding inheritance, marriage, caste and other religious usages or institutions, the laws of the Koran with respect to the Mohamedans .The substance of Hindu law implemented by the British was derived from early translations of Sanskrit texts known as Dharmastra ,the treatises (stra) on religious and legal duty (dharma). The British, however, mistook the Dharmastra as codes of law and failed to recognise that these Sanskrit texts were not used as statements of positive law until they chose to do so. Rather, Dharmastra contains what may be called a jurisprudence, i.e., a theoretical reflection upon practical law, but not a statement of the law of the land as such.Another sense of Hindu law, then, is the legal system described and imagined in Dharmastra texts.

One final definition of Hindu law, or classical Hindu law, brings the realm of legal practice together with the scholastic tradition of Dharmastra by defining Hindu law as a usable label for myriad localized legal systems of classical and medieval India that were influenced by and in turn influenced the Dharmastra tradition. Such local laws never conformed completely to the ideals of Dharmastra, but both substantive and procedural laws of the tradition did impact the practical law, though largely indirectly(vyavahara). It is worth emphasizing that Sanskrit contains no word that precisely corresponds to 'law' or religion and that, therefore, the label "Hindu Law" is a modern convenience used to describe this tradition. Ancient Hindu Dharma: Dharma and law are not precisely the same. Dharma refers to a wider range of human activities than law in the usual sense and includes ritual purification, personal hygiene regimens, and modes of dress, in addition to court procedures, contract law, inheritance, and other more familiarly "legal" issues. In this respect, Hindu law reveals closer affinities to other religious legal systems, such as Jewish law. Dharma concerns both religious and legal duties and attempts to separate these two concerns within the Hindu tradition have been widely criticised.According to Rocher, the British implemented a distinction between the religious and legal rules found in Dharmastra and thereby separated dharma into the English categories of law and religion for the purposes of colonial administration.However, a few scholars have argued that distinctions of law and religion, or something similar, are made in the Hindu legal texts themselves.But the so called 'Hindu law' which is but only a recent 'retrospective' term introduced by the British in 1772, based on their translations of the Hindu scriptures,to a body of literature that dates back to the 2nd millennium B.C. Even a basic awareness of these ancient scriptures will suffice to reveal the fundamental differences in the approach to law of the Hindu and the Judeo- Christian traditions; the latter being fundamentally based on strict adherence to the religious doctrine and compliance with the covenant as stated in the Abrahamic covenant and Moses' ten commandments. In fact, the etymology of the word 'testament', so central to the Jewish and Christian religions, itself can variously

mean, a will, make a will, be witness to,ultimately deriving from 'testis' which simply means 'witness'. Seen in this light, it is hard to perceive of any affinities whatsoever between Hindu law and Jewish law. Sources of Dharma: There are usually three principal sources of dharma in the Dharmastra texts: 1.sruti,literally translates as "what is heard," but refers to the Vedas or Vedic literature which are the liturgical and praise hymns of the earliest Hindu tradition 2.smriti,literally "what is remembered," but refers to the Dharmastra texts as well as other Sanskrit texts such as the Puras and the Epics (Mahbhrata and Rmyaa) 3.acara,literally "practice," but refers to the norms and standards established by educated people who know and live by the first two sources of dharma In two important texts, namely the Laws of Manu [Manu Smriti] (2.6) and the Laws of Yjavalkya [Yajnavalkya Smriti] (1.7) another source of dharma, atmastusti,literally "what is pleasing to oneself," is also given, but later texts and commentaries severely restrict this source of dharma. Types of Marriage: According to Hinduism ,there are eight different types of Hindu marriages. Among the eight types not all had religious sanction. The first four were considered proper. Rakshasa and Gandharva marriage was regarded acceptable to Kshatriyas as was Asura marriage for Vaishyas and Shudras. The eight types are: 1.Brahma marriage: The Brahma marriage is the marriage of one's daughter, after decking her with costly garments and with presents of jewels, to a man of good conduct learned in the Vedas, and invited by oneself. 2.Daiva marriage: The Daiva rite is the marriage of one's daughter, decked with ornaments to a priest who duly officiates at a religious ceremony,

during the course of its performance. 3.Arsha marriage: Arsha marriage is when the father gives away his daughter, after receiving from the bridegroom a suitable bride price. 4.Prajapatya marriage: Prajapatya is when a girl's father gives her in marriage to the bridegroom, treating him with respect, and addresses them: 'May both of you perform together your duties'. 5.Ghandharva marraige: The voluntary union of a maiden and her lover which springs from sexual desire is called Gandharva marriage. 6.Asura marriage: Asura marriage is when the bridegroom receives a maiden, after having given of his own free will as much wealth as he can afford, to the bride and her kinsmen. 7.Rakshasa marriage: Rakshasa marriage is the marriage of a maiden involving her forcible abduction from her home after her kinsmen have been slain or wounded. 8.Paishacha marriage: When a man by stealth seduces a girl who is sleeping, intoxicated, or mentally challenged, it is called Paishacha marriage. This is condemned in the Manusmriti as a base and sinful act. Anglo-Hindu Law: The early period of Anglo-Hindu Law(17721864) is characterised by three main features: 1. the collection and translation of important Dharmasastra texts by British administrator-scholars (especially Jones,Hency Thomas Colebrooke, Sutherland, and Borrodaile) in order to "apply" the rules of such texts to Hindus which further expanded the political rule of the British, 2. the use of court pandits in British courts to aid British judges in the interpretation of classical Hindu law, and

3.the proliferation of case law that resulted eventually in the "redundancy" of court pandits. In 1864, just after India became a formal part of the British Empire, Anglo-Hindu law entered into a second phase (18641947), one in which the court pandits were dismissed due to the extensive case law that emerged during the first phase. During this time a series of parliamentary acts were passed to fix certain aspects of AngloHindu law and to provide it with a legislative foundation. With the disappearance of court pandits, continual growth of case law (on topics involving questions of Anglo-Hindu law), and new legislative foundation, the relevance and interest in Dharmastra as the source of law also diminished as the parliamentary codified what they believed to be Anglo-Hindu law . The gap between the idealised legal system of Dharmastra and the diversity of customary law throughout British-India led to the fixing of regional customary laws by the British officials. This was done through interviews, observations, and discussions with locals. Massive volumes of customary rules that were in theory being enforced were collected throughout British-India and became part of the consultative resources of the courts. One of the most interesting aspects of the development of AngloHindu law is the warm reception it generally received in India. The British felt that one of their great gifts to India was in fact a more rational system of law and it appears that a lot of Indians agreed. Law was generally not among the colonial legacies that the nationalist movement in India wanted to remove or overturn. Modern Hindu Law: With the formal independence of India from Britain in 1947,AngloHindu Law and the other major personal law system of the colonial period, the so-called Anglo-Muhammadan law (Islamic law), came under the constitutional authority of the new nation. The new constitution was officially adopted by India in 1950 and had a primary focus on securing equality in the social, political, and economic realms.Although there has been discussion that the Indian Constitution has a secular Hindu bias, an amendment to the constitution (42nd Amendment, 1976) formally inserted the word

secular as a feature of the Indian republic. In the early 1950s, contentious debates ensued over the so-called Hindu Code Bill, which had been offered in the Indian parliament, as a way to fix still unclear elements of the AngloHindu law. Though a small minority suggested some kind of return to classical Hindu law, the real debate was over how to appropriate the AngloHindu law. In the end, a series of four major pieces of legislation were passed in 195556 and these laws form the first point of reference for modern Hindu law:Hindu Marriage Act(1955),Hindu Succession Act(1956),Hindu Minority and Gaurdianship Act(1956) and Hindu Adoptions and Maintenance Act(1956). Criticism of the document is based on the belief that the laws in the Hindu Code bill should apply to all citizens regardless of religious affiliation.Though these legislative moves purported to resolve still unclear parts of the Anglo-Hindu law, the case law and interpretive tradition of British judges and Indian judges in the British employ remained and remains crucial to the application of Modern Hindu Law. There are no religious courts in India; rather all cases are adjudicated within the state district courts, presided over by state bureaucrats. In the countryside it is possible for there to still exist village tribunals that try community members according to custom and religious law; however this is not adjudicated or enforced by the state. State judges have no formal religious legal training and are thus required to apply Hindu law in an abbreviated version. It is possible for a Hindu judge to preside over a Muslim couple's divorce, just as it is possible for a Christian to preside over the adoption case of a Hindu family. It is here where courts rely on the lawyers to argue the religious laws and advocate on behalf of their clients. Hindu Marriage Act Application of Act: (1) This Act applies,(a) to any person who is a Hindu by religion in any of of its forms or developments,including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj; (b) to any person who is a Buddhist, Jaina or Sikh by religion, and

(c) to any other person domiciled in the territories to which this Act extends who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed. Condition for a Hindu Marriage: A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely: (i) neither party has a spouse living at the time of the marriage; (ii) at the time of the marriage, neither party,(a) is incapable of giving a valid consent of it in consequence of unsoundness of mind; or (b) though capable of giving a valid consent has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or (c) has been subject to recurrent attacks of insanity or epilepsy; (iii) the bridegroom has completed the age of twenty one years and the bride the age of eighteen 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 sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two. Ceremonies for a Hindu marriage:(1) A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto. (2) Where such rites and ceremonies include the saptapadi (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken. Saptapadi:

Besides a religious meaning behind the seven steps, there is also a mathematical rationale on performing the 7 rounds circling the fire. A circle is 360 degrees, all the numbers from 1 to 9 divides 360 except the number 7.It becomes a non-terminating number, hence symbolizing the marriage as indivisible. The ends of their garments (the bridegrooms scarf and upper garment of the bride) are tied together by the priest (signifying marriage knot). Then both shall stand facing the north. The bridegroom shall place his right hand upon the right shoulder of the bride. They shall take the first step in the north easterly direction. In taking these seven steps, the right foot shall always lead and the left foot be brought forward in line with it. Uncooked grains of rice (about a small handful) are placed in a line at equal distance at seven places. The bride and the groom take seven steps together, stepping upon first mound of rice with the right foot as the priest recites a mantra. Then stepping upon the second mount of rice with the right foot as the priest recites a mantra. (All seven steps are done the same way). May the first step lead to food that is both nourishing and pure. May the second step lead to strength (at the physical, emotional, intellectual and spiritual levels). May the third step lead to prosperity. May the fourth step lead to all round happiness. May the fifth step lead to progeny (noble and virtuous children). May the sixth step lead to long life. May the seventh step lead to bondage (through harmony). The bridegroom says: Having completed the seven steps, be thou my lifelong companion. Mayst thou be my associate and helper in successful performance of the duties that now devolve upon me as a householder. May we be blessed with many children who may live the full duration of human life! After the completion of the seven steps ceremony, the couple (with knots tied to each other) take their seats. The wife now takes her rightful place on the left side of her husband as the marriage is now

religiously solemnized in its entirety. Now the couple are husband and wife. The husband garlands the wife and she in turn garlands her husband. Glossary: "degrees of prohibited relationship " - two persons are said to be within the "degrees of prohibited relationship"(I) if one is a lineal ascendant of the other; or (ii) if one was the wife or husband of a lineal ascendant or descendant of the other; or (iii)if one was the wife of the brother or of the father's or mother's brother or of the grandfather's or grandmother's brother or the other; or (iv)if the two are brother and sister, uncle and niece, aunt and nephew, or children of brother and sister or of two brothers or of two sisters. "full blood"and "half blood"- two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife and by half blood when they are descended from a common ancestor but by different wives. "Sapinda relationship" with reference to any person extends as far as the third generation(inclusive) in the line of ascent through the mother, and the fifth (inclusive) in the line of ascent through the father, the line being traced upwards in each case from the person concerned, who is to be counted as the first generation. "uterine blood" - two persons are said to be related to each other by uterine blood when they are descended from a common ancestor but by different husbands.