This research paper delves into the evolution of Hindu marriage laws, tracing their journey from traditional norms to modern legal reforms. Hindu marriage laws have undergone significant changes over time, evolving from ancient traditions to modern legal frameworks that aim is to protect the rights of individuals in the society, particularly the women who faced many challenges and hardship in every section of society.

In traditional Hindu society, the concept of marriage under Hindu law, is deemed to be a sacrament in the name of god by performing religious ceremonies rites and rituals. Hindu marriage was based on religious norms, with strong emphasis on social customs such as caste, parent consent, inclusive dowry. With Over time, during the British rule period, britisher have introduced many legal reforms such as The Hindu Widow Remarriage Act 1856, Child Marriage Restraint Act, 1929, Sati Abolition - December 4, 1829, Accordingly rules and regulations were developed by ancient text writers and then by state from time to time resulting in evolution of the concept of marriage due to social change in society from Vedic mantras to religious duty and finally to sacrament as well as a contract.

The codification of the Hindu Marriage Act, 1955, was a pivotal step toward modernizing this institution, introducing progressive concepts like monogamy, legal divorce, and the recognition of mutual consent. This article examines the significant role of legislative amendments and judicial decisions in shaping Hindu marriage laws, focusing on their efforts to tackle gender equality, individual autonomy, and the inclusion of irretrievable breakdown as a ground for divorce.

Landmark cases such as V. Bhagat vs. D. Bhagat and Samar Ghosh vs. Jaya Ghosh have provided new dimensions to the interpretation of marital norms, enabling the legal system to adapt to the evolving needs of society. While Hindu marriage laws have progressed, challenges persist, especially in rural areas where cultural traditions resist change. Issues like interfaith marriages and the need for gender-neutral laws highlight gaps in the system. This study stresses the importance of reforms, including recognizing irretrievable breakdown as a ground for divorce, raising awareness, and reducing gender bias. It provides an overview of the laws' history, key changes, and future possibilities.

Introduction
Marriage has always been a fundamental part of Hindu society, deeply embedded in its religious, cultural, and social structures. Traditionally, Hindu marriage was viewed as a sacred bond, an essential spiritual connection between two people, governed by religious ceremonies and cultural norms. The institution of marriage was shaped by customs such as caste, parental consent, and dowry, which often limited the personal freedoms of individuals, particularly women.

In this context, marriage was not only a social contract but also a religious duty, meant to uphold family and societal harmony. Marriage, according to Ancient Hindu Law, is a samskara or a sacrament and also an indissoluble union. The writings of the Smritikaras and the commentators, had settled Hindu Law of Marriage until the Britishers interfered by making certain changes. “By legislation, 1 Legislation: The journey of reforming Hindu marriage laws began with the Hindu Widow Remarriage Act of 1856.

This law was introduced to improve the lives of widows by giving them the legal right to remarry, which was not allowed under traditional customs. The Special Marriage Act of 1872. This law allowed people from different religions to marry without following strict religious rituals, providing an alternative to traditional marriage practices.

Another important change was brought about by The Hindu Marriage 1 RAO, MS RAMA. The Evolution of Hindu Marriage Laws: From Traditional Norms to Modern Legal Reforms, HINDU_LAW_2012.Pdf, Msrlawbooks, Mysore, Karnataka, 2012, at 15, https://msrlawbooks.in/file/HINDU_LAW_2012.pdf. (accessed Jan. 21, 2025).

Disabilities Removal Act of 1946. This law removed old restrictions that prohibited marriages within the same gotra (lineage) or pravara (ancestral group), addressing rigid caste and community-based rules. After India gained independence, more significant changes were made. The government introduced the 'Hindu Code Bill' to modernize personal laws for Hindus. One of the key outcomes of this effort was the Hindu Marriage Act of 1955. This Act formalized marriage laws and introduced progressive ideas such as monogamy (one spouse at a time), legal divorce, and the need for mutual consent between the couple. Later, the Marriage Laws Amendment Act of 1976 made further improvements. It added new grounds for divorce, like cruelty and desertion, making it easier for people to leave unhappy marriages.

These laws helped create a more balanced and fair system for marriage and divorce, moving away from strict traditional customs to a modern legal framework that considers individual rights. Over time, however, India has undergone significant changes that have impacted how marriage is understood and regulated. During British colonial rule, laws were introduced to address harmful social practices, such as child marriage and the oppression of widows. These early legal reforms, including the Hindu Widow Remarriage Act of 1856 and the Child Marriage Restraint Act of 1929, set the stage for future changes in marriage laws. The passage of the Hindu Marriage Act of 1955 marked a major shift in the legal understanding of marriage.

This legislation redefined marriage, moving it from a solely religious and cultural institution to a legally recognized contract between two people. It introduced important reforms such as the acceptance of monogamy, the provision for legal divorce, and the recognition of mutual consent within marriage. These changes were aimed at ensuring the protection of individual rights, particularly for women, and offering more equality within the institution of marriage. Earlier the parliament aim was to formulate the Hindu code, and compile the four statutes; the Hindu succession act 1956, the Hindu minority and Guardianship act, 1956 and the Hindu Adoption and Maintenance act 1956 2 While significant progress has been made, challenges remain.

In many rural areas and among certain communities, traditional practices continue to influence marriage customs. Issues like caste-based discrimination, dowry, and the legal recognition of interfaith marriages continue to create obstacles. Moreover, the legal system still needs to address issues such as genderneutral laws and modern divorce provisions that reflect the evolving nature of relationships. Due to further changes in society, “emerging varying relationships that are in the nature of marriage” have started impacting Hindu marriage as without fear of society two major unmarried men and woman start living together as husband and wife without solemnization of marriage.
2 iPleaders Team. Introduction to Hindu Law in India, iPleaders, https://blog.ipleaders.in/introduction-to-hindulaw-in-india/#Enactments_through_which_Hindu_Law_is_applied. (accessed Jan. 21, 2025).

In such relationships law protects the woman who cohabits as a wife with a man of her choice without performance of marriage ceremonies. Courts have differentiated such relations from other illegal relationships like one night stand, adultery, and live-in relationship per se etc. The concept of marriage has thus changed from one era to another and is being now impacted by emerging varying relationships that are in the nature of marriage. This paper explores the transformation of Hindu marriage laws, tracing the shift from ancient customs to modern legal frameworks. It examines key reforms, landmark judicial decisions, and ongoing issues, highlighting the need for further legal advancements. By understanding the evolution of Hindu marriage laws, this study aims to provide a clearer picture of how marriage has been shaped by legal changes and what more needs to be done to create a more equitable and inclusive system.

A Chronological Journey: Milestones in Hindu Marriage Laws · 1829: Sati Pratha outlawed, marking a crucial step towards ending harmful practices and promoting women’s rights. · 1856: Hindu Widows Remarriage Act passed, enabling widows to remarry and reclaim their agency within society. · 1860: Polygamy outlawed for Hindus through the Indian Penal Code, furthering gender equality and protecting women’s rights. · 1866: Native Converts Marriage Dissolution Act enacted, addressing legal issues arising from conversions to Christianity. · 1872: Special Marriage Act initially excluded Hindus, but later facilitated interfaith marriages for other communities. · 1909: Anand Marriage Act sanctioned Anand Karaj, the traditional Sikh wedding ceremony, offering legal recognition to this sacred practice. · 1923: Special Marriage Act amended to allow interreligious marriages between Hindus, Buddhists, Sikhs, and Jains, promoting religious tolerance and personal choice. · 1929: Child Marriage Restraint Act (Sarda Act) implemented, raising the minimum age for marriage and combating the harmful practice of child marriage. · 1939: Arya Marriage Validation Act recognized inter-caste marriages and marriages with individuals who had reconverted to Hinduism, challenging social hierarchies and promoting inclusivity. · 1946: Hindu Marriage Disabilities Removal Act legalized inter-caste marriages within specific sub-divisions, further dismantling rigid caste barriers and promoting social mobility. · 1946: Hindu Married Women’s Right to Separate Residence and Maintenance Act empowered married women with financial security and the right to separate residence in case of marital disputes. · 1947: The Hindu Code Bill drafted by the Rau Committee laid the groundwork for comprehensive reforms, later refined by the Constituent Assembly. · Post-1947: The Hindu Code Bill was ultimately divided into separate bills for easier implementation, paving the way for a more just and equitable Hindu marriage legal framework. 3 3. Importance of Marriage in Hindu Society and the Factors Necessitating Legal Reforms Marriage in Hindu society transcends a trifling prison settlement; it occupies a significant role as a deeply ingrained socio-non secular organization. Rooted in historical Vedic scriptures and Dharmashastras, its miles considered a sacred sacrament ('samskara') with profound religious, social, and cultural significance. Marriage is one of the deepest and most complex web of human relations. it is the most essential part of society and social system, as well. Radha Krishnan in 1956 writes that “marriage is not a mere convention but a implicit condition of human 3 Himanshu Soni, Evolution of Hindu Marriage Laws in India, AishwaryaSandeep.in, https://aishwaryasandeep.in/evolution-of-hindu-marriage-laws-in-india/. (accessed Jan. 21, 2025). society. It is an adjustment between the biological purpose of nature and sociological purpose of man.” marriage is a union of men and women in a rite defined by social custom and law and carrying with it specific economic, sexual and child care responsibilities. in other words marriage is legally recognized union between men and women in which they are united sexually, cooperate economically and may give birth to, adopt or rear children. The union is assumed to be permanent although in reality it may be dissolved by separation or divorce.4 3.1 Spiritual and Social Significance: · Success of Dharma : Marriage is regarded as a important step in pleasurable one’s dharma' - a complex concept encompassing responsibilities, responsibilities, and the pursuit of a righteous lifestyles. It provides a framework for individuals to satisfy their roles as husbands, other halves, mother and father, and participants of society. · Procreation and Lineage Continuity: Procreation is taken into consideration a primary motive of marriage, making sure the continuation of the circle of relative’s lineage and the perpetuation of ancestral rituals and traditions. · Social cohesion: Marriage strengthens circle of relatives bonds and fosters social cohesion inside the network. It creates a help device for people and contributes to the overall well-being of society. · Religious Liberation: whilst no longer the sole route, marriage is believed to make contributions to the attainment of 'moksha' (liberation) with the aid of supplying a framework for enjoyable one's worldly duties and cultivating religious increase inside the context of a committed courting. 3.2 factors necessitating criminal Reforms: In spite of its profound significance, the conventional framework of Hindu marriage faces several demanding situations in the modern context, necessitating a essential re-assessment of the existing prison framework: · Staying power of harmful Practices: in spite Of legal prohibitions, practices inclusive of dowry and infant marriage continue to persist 4 Amiteshwar Ratra, Marriage and Family: In Diverse and Changing Scenario 6 (Deep & Deep Publ'ns 2006). in certain areas. those practices now not only violate fundamental human rights however also perpetuate gender inequality and societal imbalances. · Prevalence of home Violence: Home violence towards ladies remains a large issue inside Hindu families. The present felony framework frequently proves insufficient in presenting effective safety to sufferers and making sure the timely prosecution of offenders. · Inadequate Divorce legal guidelines: The contemporary criminal framework for divorce frequently proves cumbersome and chronic, leading to emotional distress and financial complication for individuals. Reforms are critical to streamline the procedure and make sure truthful and equitable results for each party. · Disparity in property Rights: girls preserve to face systemic discrimination in subjects of assets inheritance and possession within the marital context. Felony reforms are vital to ensure identical property rights for ladies, making certain their economic safety and independence. · Evolving Social Dynamics: fast urbanization, converting social norms, and growing economic independence of girls have substantially altered the traditional shape of the Hindu family. The felony framework must evolve to accommodate these changing realities and deal with the evolving needs and expectancies of people in the marital context. This section establishes the foundational significance of marriage in Hindu society whilst concurrently highlighting the pressing want for felony reforms to make certain its persevered relevance and effectiveness inside the contemporary technology. 4. Traditional Hindu Marriage: A Religious and Social Institution : 4.1 Marriage as a Sacrament A non secular and Social group, in traditional Hindu society, marriage became now not merely a union among two people but a deeply spiritual and social institution rooted in non secular doctrines and cultural values. It becomes regarded as a samskara (sacrament), a sacred duty carried out inside the call of divinity, making sure the continuity of circle of relative’s lineage and societal balance. As dharma is embedded in Hindu philosophy of life so it is practiced in marriage. Hindu Marriage is regarded as sacrament in different senses. 5 Hindu scripture, particularly the Vedas, emphasizes that dharma, or righteous conduct, is best fulfilled within the context of marriage. For the householder, fulfilling his religious and social obligations, such as the performance of the "Panch Mahayajnas" (five great sacrifices), requires the active participation of his wife. The loss of a wife necessitated remarriage to ensure the continuation of these important rituals. Marriage itself is a sacred ceremony, a union consecrated before God. This ritual bestows the status of husband and wife upon the couple, and its proper performance is considered essential for the validity of the marriage. While men could participate in various "samskaras" (rituals) throughout their lives, many were not accessible to women. Marriage, therefore, served as a significant "samskara" for women, granting them a defined social and spiritual role. Procreation was also considered a crucial aspect of marriage. By fathering a son, a man fulfilled his duty to his ancestors, ensuring their spiritual well-being through the performance of "shraddha" (ancestral rites). Furthermore, marriage provided a framework for fulfilling physical needs within a sanctified union. Hindu Dharmashastras, ancient legal and religious texts, further emphasize the sacred nature of marriage. They describe it as a "holy union" – a permanent and indissoluble bond between a man and a woman, established for the performance of religious duties and the attainment of spiritual goals.6 "Ancient Hindu laws stressed that wives should always be loyal to their husbands. Manu, a famous ancient thinker, believed that both husbands and wives should always work hard to stay together and remain faithful to each other throughout their lives. He believed this was the most important part of their duty as married people." There were different parameters pertaining to sacrament concept of marriage. The important parameters were choice of marriage, examination of the antecedents of family, qualification and disqualification of bride and bridegroom, marriage age, caste system, prohibitions etc. This we can see in Ashvalayana Grhyasutra which has given importance to family that family should be seen from mother and fathers side. Manu gave the view that person should marry in good family. He said that “those should be always made relatives, who are pure from their deeds done in accordance with the injunction of the Sruti and the Smriti; who are born in good families and observe unbroken Brahmachary; who are contented, gentlemen, agreeable, saintly and equitable; who are devoid of greed, attachment, envy, pride and infatuation; and 5 K.M. Kapadia, Marriage and Family in India 167–70 (3d ed. Oxford Univ. Press 1982). 6 Gopalakrishna v. Venkatanarasa, ILR 37 Mad. 273 (1914). those who are not given to anger and are always tranquil in their minds.” 7 Families with dishonest members, those who broke the law, or didn't follow the teachings of the Vedas were often not considered suitable for marriage. According to ancient Hindu texts like the Ashvalayana Grhyasutra, a good bride should not only be beautiful and healthy but also have good character and be intelligent. Similarly, a good groom was expected to come from a respected family, have good character, positive qualities, be well-educated, and be healthy. During the Vedic and Grhyasutra periods, child marriage was not common. Marriages typically took place between adults who could fully understand and participate in the marriage ceremonies. However, later texts like the Gobhila and Manava Grhyasutra began to mention child marriages. The practice of child marriage seems to have become more prevalent during the time of Manu. Inter-caste marriages were also prevalent in ancient times. For example, Hindu scriptures allowed a Brahmin man to marry a woman from any caste, a Kshatriya man to marry a woman from his own caste or from the Vaishya or Shudra castes, and a Shudra man to marry only a Shudra woman. During the period when marriage was considered a sacred sacrament in Hindu tradition, various forms of marriage existed. Some of the recognized forms included Brahma, Daiva, Arsha, and Prajapatya. Other forms, considered less desirable, were Gandharva, Asura, Rakshasa, and Pisacha. There were strict rules against certain types of marriages within Hindu society. Marriages between close relatives, such as those within the "sapinda," "pravara," and "gotra" lineages, were strictly prohibited. These prohibitions applied to all social classes and castes. Different lawgivers had varying interpretations of these restrictions. For example, Vashishtha prohibited marriage up to the fourth generation on the mother's side, while Narada extended the prohibition to the seventh generation on the father's side. Dharmashastras and Manusmriti explicitly banned these marriages. Gautama even prescribed social ostracism as punishment for those who violated these prohibitions. Other restrictions included prohibitions against marrying two sisters to the same family or exchanging daughters for marriage. Paying a bride price was also forbidden. The Aitareya Brahmana referred to such marriages as "Pasuvivaha," literally "animal marriage," highlighting their disapproval. 7 Harsimran Kaur Bedi, The Concept of Marriage Under Hindu Law and Its Changing Dimensions, ILI L. Rev., Winter 2022, at 104. Dowry system was not there in ancient times. The bridegroom had never dreamed of taking dowry from his in-laws. 8 Traditionally, Hindu marriages thrived within the framework of the joint family system. In this system, family members shared responsibilities, upheld family values, and collectively ensured the well-being of the family unit. The head of the family, often referred to as the "Karta," played a crucial role in guiding and overseeing the family's affairs. This shared responsibility and defined roles fostered a sense of discipline and encouraged each member to fulfil their duties effectively. Throughout most of Hindu history, the concept of marriage as a sacred sacrament, emphasizing indissolubility, prevailed. However, exceptions existed, particularly within customary laws where divorce was recognized. These instances, while present, did not negate the fundamental principle of the indissoluble union. A deeper examination of the psycho-socio-legal aspects of marital dissolution reveals that the concept of indissolubility is deeply ingrained within the very fabric of Hindu Law, one of the oldest legal systems in the world. 9 4.2 Marriage as a Contract: Marriage, in modern times, can be seen as both a contract and a status. It provides legal recognition to the individuals involved, creating rights and responsibilities between them, much like any contract. However, unlike commercial contracts, marriage is unique in many ways. Despite its distinct nature, marriage can encounter similar issues to other contracts, such as being void, voidable, or involving consent obtained through fraud, as well as the possibility of dissolution. When it comes to the status of individuals in a marriage, especially those who are married, marriage is often considered an implied contract between the two parties. This means that, even if the details of the agreement are not explicitly stated, there is an understanding that the husband has a responsibility to financially support the wife. This expectation is an essential part of the marital relationship, reflecting a mutual obligation that goes beyond just legal or formal terms. and wife will be loyal to her husband and both will do their matrimonial duties well. It is important to note that unlike other contract the marriage contract is regulated by judicial decision of which parties have no control. It is one way process after entering into marriage both parties themselves cannot exit except through will 8 Aitareya Brahmana, pt. I, § 16. 9 Prafulla C. Mishra, Marriage: An Indissoluble Union, in Law Towards Stable Marriages 51 (Paras Diwan & Virendra Kumar eds., 1984) of court. Thus, both parties cannot themselves exit from the marriage contract at their own will like other contracts. Marriage involves various rights and responsibilities for both parties, making it enforceable like any other contract. This includes claims for maintenance, the right to reside together, and custody of children, among other aspects. In the case of Hindu marriage, it is governed by specific personal laws such as the Hindu Marriage Act, 1955, the Hindu Adoption and Maintenance Act, 1956, the Hindu Succession Act, 1956, and provisions under criminal law related to maintenance. In this sense, marriage is neither purely a sacrament nor just a contract, but shares characteristics of both. However, when a Hindu marries under the Special Marriage Act, 1954, the marriage is considered a civil contract. This is because it does not require traditional marriage rituals for its formalization. Instead, the marriage is solemnized in the registrar’s office, with a 30-day notice prior to registration and the presence of three witnesses, making it a civil contract rather than a sacrament.10 The parties should be competent to marry like age of bride be eighteen years and bridegroom be twenty one years. The marriage is declared voidable if consent of parties is obtained by force, fraud or coercion as stated in Indian Contract Act, 1872. Several respected legal scholars, like Mulla, B.K. Sharma, B.N. Sampath, and Derrett, believed that Hindu marriage is more than just a legal agreement. They saw it as a sacred ritual, a special kind of union. Mulla, a well-known legal expert, explained that in Hinduism, marriage is a deeply sacred event. He believed that divorce within Hindu law is primarily a result of legal rules and not something that naturally arises from the marriage itself. This highlights the strong emphasis on the sacred nature of the marriage bond. B.K. Sharma, another prominent legal scholar, shared this view. Even after the Hindu Marriage Act was changed in 1976, he emphasized that the Allahabad High Court recognized the sacredness of Hindu marriage. The court even suggested that efforts should be made to save the marriage whenever possible, reflecting the strong belief in its sanctity. In simpler terms, these legal experts believed that Hindu marriage is more than just a contract between two people. It's a deeply meaningful and sacred union with strong religious and cultural significance. 11 B.N Sampath has talked that Hindu marriage once performed cannot be undone by judiciary. Derrett has argued that once samskara is performed it cannot end. 10 The Special Marriage Act, No. 43 of 1954, § 11 (India) 11 Gopal Krishan v. Mithilesh Kumari, AIR 1979 All. 316 (India). But certain secular rights can be terminated as the rights and obligations which arise in marriage ends after divorce. But Mayne and Paras Diwan have stated that Hindu marriage is a sacrament as well as a contract. Consent of parties is not important for validity of marriage. Section 12(1)(c) of Hindu Marriage Act, has prescribed about consent of parties if it is obtained by force and fraud then marriage is voidable. Sections 5, 11 and 12 have ingredients of contract which makes Hindu marriage a contract. Thus, from the views of different authors it is analyzed that the Hindu Marriage is neither a sacrament nor a contract but is semblance of both and divorce is created by legislature. The sacrament concept of marriage has been weakened since third decade of twentieth Century 12. 4.3 The evolving concept of Hindu marriage is a reflection of profound societal shifts. Several factors have contributed to this transformation: 1. Weakening of Traditional Values: a. Diminishing access to traditional spiritual learning has eroded the deep-rooted religious foundations of marriage. b. A decline in adherence to traditional values like 'varnadharma' (caste-based duties) has challenged the hierarchical structures that once underpinned marital roles. c. The erosion of respect for religious ceremonies and the diminishing influence of elders within families have further weakened the traditional framework of marriage. 2. Social and Economic Changes: a. Industrialization and urbanization have led to significant changes in family structures, with the rise of nuclear families replacing the traditional joint family system. b. Increased economic independence, particularly for women, has empowered individuals to make their own choices regarding marriage and family life. c. The rise of individualism has shifted the focus from collective well-being to personal fulfilment, influencing marital expectations and priorities. 3. Changing Social Norms: 12 C.A. Hate, The Socio-Economic Conditions of Educated Women in Bombay City (Sch. of Econ. & Soc., Bombay Univ., Bombay 1980). a. The emergence of democratic ideals and the growing emphasis on individual freedom and equality have challenged traditional patriarchal norms within marriage. b. Increased interaction between the sexes has led to evolving social norms and expectations regarding relationships, including marriage. 4. Legal and Legislative Developments: a. The enactment of laws such as the Hindu Marriage Act has significantly impacted marital practices, providing a legal framework for marriage, divorce, and related matters.13 These factors have collectively contributed to a gradual shift in the understanding and practice of Hindu marriage, moving away from purely religious and traditional norms towards a more modern, individualistic, and egalitarian approach. 4.4 The breakdown of marriages is a complex issue with numerous contributing factors. These include: · Social and Economic Factors: a. Dowry: The demand for dowry can create significant financial strain and lead to conflict within the marriage. b. Economic Needs: Financial instability, unemployment, or significant financial disparities between spouses can put a strain on the marriage. c. Changing Family Structures: The shift from joint families to nuclear families has altered the support systems available to married couples, potentially increasing stress and isolation. · Personal and Interpersonal Issues: a. Lack of Communication and Incompatibility: Poor communication skills, unresolved conflicts, and fundamental differences in values and lifestyles can lead to growing distance and dissatisfaction within the marriage. b. Infidelity and Extramarital Affairs: These breaches of trust can severely damage the marital bond. 13 Arghya Sengupta, Alok Prasanna Kumar, Debanshu Mukherjee, Dhvani Mehta, Ketan Paul, Rukmini Das & Srijoni Sen, Vidhi Legal Policy Briefing Book (The Vidhi Centre for Legal Policy, June 2020), https://vidhilegalpolicy.in/wp-content/uploads/2020/06/Vidhi_Briefing_Book.pdf. c. Domestic Violence: Physical, emotional, or verbal abuse can have a devastating impact on the marriage and the well-being of the partners. d. Ego Problems and Lack of Tolerance: Excessive pride, a lack of understanding, and an inability to compromise can create significant friction within the marriage. · Technological and Social Influences: a. Social Media and Technology: The pervasive use of social media, smart phones, and other electronic devices can create distractions, facilitate infidelity, and contribute to communication breakdowns. b. Changing Social Norms: Evolving societal norms and attitudes towards marriage, relationships, and gender roles can impact marital expectations and contribute to marital dissatisfaction. c. Premarital Relationships and Premarital Pregnancy: Premarital relationships and pregnancies can sometimes lead to hasty marriages that may not be based on strong foundations. · Internal Factors: a. Lack of Commitment: A lack of commitment and dedication to the marriage by one or both partners can erode the foundation of the relationship. b. Unrealistic Expectations: Unrealistic expectations about marriage, partners, and family life can lead to disappointment and disillusionment. 14 Several court rulings have recognized the contractual nature of Hindu marriage In Muthusami v. Masilamani15, the court affirmed that marriage, regardless of its sacramental or institutional nature, inherently involves a contractual element with associated rights and duties. · Purushottamdas v. Purushottamdas 16further emphasized this by asserting that Hindu 14 Pratima K. Chaudhary, Changing Values Among Young Women 126 (Amar Prakashan, Delhi, 1988); S. Pothen, Divorce: Its Causes and Consequences in Hindu Society 147 (Shakti Books, Ghaziabad, 1986); M. Tariq, “Cyber Pornography in the Changing Legal Scenario and Techno-Legal Therapeutic Measures: A Critique,” in Vimlendu Tayal, Cyber Law, Cyber Crime, Internet and E-Commerce 147 (Bharat Law Publications, Jaipur, 2011). 15 Muthusami v. Masilamani, 33 Mad. 342 (1910). 16 Purushottamdas v. Purushottamdas, 21 Bom. 23 (1896). marriages are essentially contracts entered into by the parents of the individuals involved. · Bhagwati Saran Singh v. Parmeshwari Nardar Singh 17further solidified this understanding by referencing legal texts like Macnaghten's Hindu Law and Starnages' Hindu Law, ultimately concluding that Hindu marriage possesses both sacramental and contractual characteristics. · The Calcutta High Court's decision in Anjana Dasi v. Ghose18 further reinforced this view by classifying marital disputes as civil contracts, emphasizing the legal significance and implications of the marital union. · Furthermore, the concept of "Kanyadan," the giving away of the bride, can be interpreted as a form of gift exchange, further emphasizing the contractual nature of marriage. · However, the Hindu Marriage Act of 1955 acknowledges the importance of individual consent. Section 12(1) (c) of the Act explicitly states that a marriage is voidable if consent is obtained through force or fraud. This provision clearly indicates that while tradition may have emphasized other aspects, the consent of the individuals involved is now a crucial factor. · The modern understanding of marriage increasingly emphasizes equality and freedom, aligning more closely with contractual principles. The emphasis on voluntary participation and mutual consent reflects the influence of Western ideas and a shift towards a more egalitarian approach to marital relationships. · In conclusion, while Hindu marriage retains its historical and cultural significance as a sacrament, it also possesses distinct contractual elements. It is a unique institution that blends these two aspects, reflecting the evolving social and legal landscape. 4.5 Role of religious texts like Manusmriti and Dharmashastra in defining marriage norms. In ancient Hindu society, marriage was not only a personal bond but also a sacred social duty, and it was guided by religious texts. Two of the most influential texts in shaping marriage norms were the Manusmriti and the Dharmashastras. These texts provided rules for various aspects of life, including marriage, and defined how it should be conducted. 17 Bhagwati Saran Singh v. Parmeshwari Nardar Singh, (1942) ILR All. 518. 18 Anjana Dasi v. Ghose, (6 B.L.R. 243) 4.5.1 Manusmriti and Marriage The Manusmriti, also known as the "Laws of Manu,"19 is one of the oldest texts that influenced Hindu practices. It set out the duties and responsibilities of individuals, including how marriage should be approached. · Role of the Wife: The Manusmriti described marriage as a lifelong commitment, with the wife seen as a companion (often called ardhangini, meaning equal partner), though traditionally her role was subordinate to that of the husband. · Caste and Gotra: The text placed great importance on marrying within one’s caste and family lineage (gotra), and crossing these boundaries was seen as a breach of religious duties. · Sacred Union: Marriage was considered a sacred ritual, not just a social contract. It was believed to fulfill one’s religious duties, and it was essential for continuing the family lineage. 4.5.2 Dharmashastras and Marriage Norms The Dharmashastras are another set of important Hindu texts that laid down the rules for a proper and moral life, including the rules for marriage. They elaborated on the duties of the husband and wife in marriage. · Rituals and Ceremonies: These texts provided guidelines for the various ceremonies that were to be followed during marriage, aiming to ensure its sanctity. · Gender Roles: The Dharmashastras promoted a system where the husband was considered the primary protector, while the wife was seen as the homemaker, with distinct roles for both genders. · Marriage as Duty: In these texts, marriage was not only seen as a personal decision but a religious duty to maintain social order and perform rites, especially for the grihastha ashrama (householder stage of life). 4.5.3 Impact on Marriage Norms 19 Pranshu Vats, Manu’s Laws and Social Order, 2(7) Int’l J. Legal Rsch. & Analysis 1 (2022) (Reg. ID: 101377, Paper ID: IJLRA1377, ISSN: 2582-6433, Delhi, India) The principles from Manusmriti and Dharmashastras had a lasting influence on Hindu marriage practices, shaping: · Arranged Marriages: Marriage was considered a family decision, with an emphasis on religious, social, and economic compatibility, making arranged marriages the norm. · Caste-Based Marriages: These texts reinforced the idea of marrying within one's caste and gotra to preserve religious purity. · Dowry Practices: While not directly mentioned, the influence of these texts contributed to the practice of dowry, where families exchanged wealth as part of the marriage arrangement. Although these ancient religious texts shaped the traditional view of marriage, they also established rigid systems that limited personal freedom, especially for women. Over time, legal reforms have challenged some of these norms to promote equality and justice in marriage, adapting to the changing needs of society. 4.6 Practices like caste endogamy, dowry, and rituals as essential components of marriage: In traditional Hindu society, several practices have been closely associated with marriage, often considered fundamental to its structure. Among these are caste endogamy, dowry, and rituals, which have shaped how marriages are arranged and conducted in the community. Below is an explanation of these practices, along with the relevant case laws: 1. Caste Endogamy (Marrying Within the Same Caste): Caste endogamy refers to the custom of marrying within one’s caste. In the traditional Hindu framework, the caste system defined the social structure, and caste endogamy was considered essential to maintain social order and cultural purity.20 · Purpose and significance: Marrying within the same caste was believed to ensure compatibility between families in terms of social status, values, and customs. It was considered a way to preserve the integrity of the caste system, which was seen as a critical part of societal harmony. 20 Devon Denomme, Endogamy: Definition, Lesson & Quiz, Study.com, (Nov. 21, 2023), https://study.com/academy/lesson/endogamy-definition-lesson-quiz.html. While this practice has faced criticism and has been challenged over time, especially in urban areas, it still holds influence in some rural and conservative sections of society. Case Law: In Lata Singh v. State of Uttar Pradesh, 21The Supreme Court upheld the right of individuals to marry outside their caste. It condemned caste-based discrimination and honor killings, asserting that adults have the fundamental right to choose their life partners. The court emphasized the importance of social reform to eradicate caste-related barriers and encourage inter-caste marriages for societal integration. 2. Dowry Dowry is the practice of the bride's family giving gifts, money, or property to the groom's family at the time of marriage. This practice has been long-standing in many parts of Hindu society. · Original intent: Initially, dowry was seen as a way to help the couple establish their new life together. It was also intended as a safety net for the bride in case of widowhood or divorce. However, over time, the dowry system has turned into a source of stress and financial strain for the bride’s family. · Contemporary issues: Dowry demands have led to significant social problems, such as dowry-related violence and harassment. Even though the Dowry Prohibition Act of 1961 outlawed the practice, it continues in various forms, particularly in certain areas, affecting the well-being of women. Kaliyaperumal v. State of Tamil Nadu, 22This case involves the prosecution of dowry harassment under the Dowry Prohibition Act, the Supreme Court dealt with the gravity of dowry-related violence and upheld the conviction under the Dowry Prohibition Act. The case emphasizes the need for stringent enforcement to combat dowry demands and harassment faced by brides. 3. Rituals in Hindu Marriage Rituals form an important aspect of Hindu marriages, emphasizing the sacredness of the bond between the bride and groom. These rituals, though they may vary regionally, are universally considered central to the marriage process. 21 Lata Singh v. State of U.P. & Another, (2006) 5 S.C.C. 475 (India) (accessed Jan. 22, 2025) 22 Kaliyaperumal And Anr v. State of Tamil Nadu, (2003) 9 S.C.C. 157, AIR 2003 SC 3828, 2003 (5) SLT 11 (India) (accessed Jan. 22, 2025). · Common rituals: a. Kanyadaan: This ritual involves the bride’s father giving her away to the groom, symbolizing the transfer of responsibility from the bride's family to the groom's. b. Saat Phere (Seven Circles): The couple walks around the sacred fire, making vows to one another. This is one of the most significant parts of the ceremony, as it represents mutual promises and shared commitment. c. Sindoor and Mangalsutra: The groom places sindoor (vermilion) on the bride's forehead and ties a mangalsutra (sacred necklace) around her neck, signifying her married status. These rituals highlight the spiritual and cultural importance of marriage in Hinduism, symbolizing the commitment, respect, and love that the couple promises to share. · Case Law: In V. Bhagat v. D. Bhagat, 23the Supreme Court considered the significance of religious rituals in marriage, especially in the context of divorce proceedings. The case involved the interpretation of marriage rituals and their implications on the validity of a marriage, where the court highlighted the importance of traditional customs in the Indian marital legal system. 4.7 Issues arising from the rigidity of traditional practices, including restrictions on widow remarriage and sagotra unions: The traditional practices in Hindu marriage, such as restrictions on widow remarriage and prohibitions against sagotra unions, have long posed challenges in Indian society. These customs, which have roots in ancient scriptures and cultural beliefs, heavily influenced marital norms for centuries. The restriction on widow remarriage, for example, was based on the belief that a widow was seen as incomplete or impure after her husband's death, which severely limited her social and economic prospects, often resulting in social exclusion. Likewise, the ban on sagotra marriages, which discourages unions within the same clan, stemmed from fears of incest. However, there is no scientific basis for this notion. While these traditional practices were once thought to play an essential role in maintaining social harmony, they have increasingly been questioned as society has evolved. 23 V. Bhagat v. D. Bhagat, 1994 AIR 710, 1994 SCC (1) 337 (India) (accessed Jan. 22, 2025). In response, legal reforms were introduced, starting with the Hindu Widow Remarriage Act of 1856, which aimed to change such restrictive practices. The Hindu Marriage Act of 1955 further legalized widow remarriage and brought a more progressive outlook to marriage laws. Over time, these legal changes have fostered a more inclusive and equal framework for Hindu marriages. These reforms signify a shift from rigid customs to a modern approach that prioritizes individual rights, gender equality, and personal freedom. Although resistance to change remains, the legal evolution reflects broader social changes that promote equality and respect for personal choice. 5. Colonial Era Reforms: A Turning Point: British raj, period of direct British rule over the Indian subcontinent from 1858 until the independence of India and Pakistan in 1947. The raj succeeded management of the subcontinent by the British East India Company, after general distrust and dissatisfaction with company leadership resulted in a widespread mutiny of Sepoy troops in 1857, causing the British to reconsider the structure of governance in India. The British government took possession of the company’s assets and imposed direct rule. The raj was intended to increase Indian participation in governance, but the powerlessness of Indians to determine their own future without the consent of the British led to an increasingly adamant national independence movement.24 During British rule in India, several key legislative reforms were introduced that significantly impacted traditional practices, particularly in the realm of marriage. These reforms marked a pivotal shift in social norms and helped shape modern legal frameworks governing marriage. 5.1 Hindu Widow Remarriage Act, 1856, improving the status of widows: The Hindu Widows' Remarriage Act of 1856 was a landmark reform aimed at removing legal barriers for Hindu widows who wished to remarry. Prior to this law, Hindu widows were not allowed to marry again, and their children from a second marriage were considered illegitimate. This Act sought to change that by legalizing widow remarriage and ensuring that the offspring of such unions would be considered legitimate. 24 WOLPERT, S.A. (2025) British Raj, Encyclopædia Britannica. Available at: https://www.britannica.com/event/British-raj (Accessed: 22 January 2025). Key provisions of the Act include: 1. Legalizing Widow Remarriage: The Act made it clear that a marriage between a widow and a new partner would be considered valid, regardless of her previous marriage, and any children from the remarriage would have inheritance rights. 2. Property Rights After Remarriage: Upon remarriage, a widow would lose her right to maintain or inherit property from her deceased husband. The deceased husband's heirs would succeed to the property. 3. Guardianship of Children: If the widow had children from her deceased husband, the guardianship of the children could be petitioned for by the husband's family if no guardian was appointed by will. 4. No Impact on Inheritance Rights for Childless Widows: If a widow was childless, the Act did not allow her to inherit property that she would not have been entitled to before the Act. 5. Preserving Widow's Property Rights: Remarriage did not strip a widow of any other property or rights she might have had prior to her remarriage, except for those related to her deceased husband's property. 6. Valid Marriage Ceremonies: Any words, ceremonies, or engagements that would have been valid for a first marriage also applied to the remarriage of a widow. 7. Consent for Minor Widows: If a widow was a minor whose marriage had not been consummated, her remarriage required the consent of her father or other male relatives. If a minor widow remarried without such consent, the marriage could be declared void, and those who abetted the marriage could be punished. 8. Consent for Adult Widows: In the case of adult widows, or those whose marriages had been consummated, the widow’s own consent was sufficient for remarriage. This Act marked a significant change in the treatment of widows in Hindu society and helped improve their social standing by giving them the right to remarry and live without stigma. 25 5.3 Special Marriage Act, 1872,Permitting interfaith and civil marriages : Old Special Marriage Act 1872,The first law of civil marriages in India was the Special Marriage Act 1872 enacted during the British rule on the recommendation of the first Law Commission of pre-independence era. It was an optional law initially made available only to those who did 25 The Hindu Widows' Remarriage Act, 1856, Act 15 of 1856, § 040, published on Jan. 1, 1856, commenced on Jan. 1, 1856, https://indiankanoon.org/doc/144532805/ (accessed Jan. 22, 2025). not profess any of the various faith traditions of India. The Hindus, Muslims, Christians, Sikhs, Buddhists, Jains and Parsis were all outside its ambit. So, those belonging to any of these communities but wanting to marry under this Act had to renounce whatever religion they were following. The main purpose of the Act was to facilitate inter-religious marriages. The Special Marriage Act 1872 contained no provision for dissolution or nullification of marriage. For these matrimonial remedies it only made the Indian Divorce Act 1869 applicable to the marriages governed by it. In 1922 the Special Marriage Act 1872 was amended to make it available to Hindus, Sikhs, Buddhists and Jains for marrying within these four communities without renouncing their religion. As so amended, the Act remained in force until after independence.26 The Special Marriage Act has two versions: one was originally passed in 1872 and later replaced by a more comprehensive Special Marriage Act, 1954. Here are the key differences between the two: 1. Special Marriage Act, 1872 · Purpose: The original Special Marriage Act of 1872 was designed to allow individuals of different faiths, castes, or backgrounds to marry legally without the need for conversion to each other's religion. It was essentially an option for civil marriage, but with limited scope and provisions. · Scope: The 1872 Act was initially aimed at legalizing marriages where one or both parties were outside of traditional Hindu, Muslim, or Christian laws. However, it applied only to certain communities and was less inclusive in its provisions. · Key Features: o Allowed interfaith marriages. o Did not have comprehensive provisions for registration or other legal rights. o Did not provide detailed procedural guidelines for the solemnization of the marriage. 26 Laws of Civil Marriages in India – A Proposal to Resolve Certain Conflicts, Report No. 212, The Special Marriage Act 1954, Chapter II (accessed Jan. 22, 2025), available at https://www.advocatekhoj.com/library/lawreports/lawsofcivilmarriagesinindia/2.php?Title=Laws%20of%20Civil%20Marriages%20in%20India%20- %20A%20Proposal%20to%20Resolve%20certain%20Conflicts&STitle=Old%20Special%20Marriage%20Act %201872. · Relevance: The 1872 Act was rarely used and had limitations in dealing with more modern marriage issues, which led to the replacement of this Act by the Special Marriage Act, 1954. 2. Special Marriage Act, 1954 The Special Marriage Act is the legislation made to validate and register interreligious and inter-caste marriages in India. It allows two individuals to solemnise their marriage through a civil contract. No religious formalities are needed to be carried out under the Act.27 · Purpose: The Special Marriage Act of 1954 was a more comprehensive and updated law that allowed interfaith, intercaste, and civil marriages under a single legal framework. It was introduced to address the growing need for secular, legal marriage registration for people from different religions, castes, and communities. · Scope: The 1954 Act applies to all Indian citizens, irrespective of religion, caste, or ethnicity. It allows individuals to marry without having to follow any religious rites or traditions, making it a universal legal tool for marriage. · Key Features: o Allows interfaith and intercaste marriages. o Secular in nature, with no religious requirements for marriage. o Marriage Registration: It makes the marriage legally binding through registration with a marriage officer, which gives it a legal status. o Eligibility: Specific eligibility criteria (e.g., minimum age, marriageable age, no close blood relations) are outlined in the Act. o Notice of Marriage: A 30-day notice period is required before the marriage can be solemnized, allowing for public objections. o Rights: Provides legal rights of inheritance, maintenance, and other rights to both parties, equal to those in religious marriages. · Relevance: The 1954 Act was a significant legal reform and became more widely used, especially for interfaith and intercaste marriages. It remains in use today for secular and civil marriages in India. 27 Drishti IAS, D.I. (2020) The big picture: Special marriage act, Drishti IAS. Available at: https://www.drishtiias.com/loksabha-rajyasabha-discussions/the-big-picture-special-marriage-act (Accessed: 22 January 2025). COMPARISON Feature Special Marriage Act, 1872 Special Marriage Act, 1954 Purpose Allowed interfaith marriages but had limited scope Comprehensive law for interfaith, intercaste, and civil marriages Summary of Differences Limited in application, mainly for some communities Applies to all Indian citizens, secular and inclusive Marriage Registration No clear provisions for registration Clear and legal provisions for marriage registration Eligibility Less defined eligibility criteria Specific eligibility requirements (age, marital status) Procedure Limited procedural guidance Clear procedural guidelines (e.g., 30- day notice period) Rights of Spouses Limited legal protection for spouses Equal rights for both spouses, including inheritance, maintenance, etc. Relevance Rarely used due to limited scope Widely used for civil, interfaith, and intercaste marriages In conclusion, the Special Marriage Act of 1954 is the more comprehensive and widely used legislation, providing a clearer and more inclusive legal framework for marriages, especially interfaith and intercaste marriages, compared to the earlier Special Marriage Act of 1872. 5.4 Judicial interventions challenging social customs, e.g., The Queen Empress vs. Hurree Mohun Mythee (1876) on sati abolition : In the context of social reform during British rule, judicial interventions played a critical role in challenging and overturning harmful practices, such as Sati (the practice where a widow self-immolates or is forced to do so on her husband's funeral pyre). One significant case in this regard is The Queen Empress vs. Hurree Mohun Mythee 28(1876), which helped set the foundation for the legal and judicial rejection of Sati. 28 The Queen Empress v. Hurree Mohun Mythee, (1876) 4 Cal. W.N. 33 (India). Case Overview: In this case, Hurree Mohun Mythee, a Hindu man, was accused of abetting the sati of his wife, Bhowani, by encouraging her to commit the act after her husband's death. The case was a significant one as it tested the legal framework established under Lord William Bentinck's Sati Regulation Act of 1829, which prohibited the practice of Sati in British India. The judicial decision in this case was pivotal in asserting that Sati was a criminal act and any encouragement or assistance in its commission would result in legal consequences. The case affirmed the British colonial government's stance against Sati and upheld the Sati Abolition Act. Significance of the Case: · Legal Precedent: This case reinforced the British legal intervention in traditional Indian customs, particularly those that were harmful or considered barbaric by the colonial rulers. · Abolition of Sati: It marked one of the earliest judicial interventions aimed at curbing social evils and paved the way for further reforms in Indian society, particularly concerning women's rights and human dignity. · Social Reformation: The case played an essential role in challenging social customsthat were harmful, setting the stage for further judicial rulings that targeted archaic practices. 5.5 Impacts of colonial legal changes on traditional marriage norms : Colonial legal changes, particularly during British rule in India, played a transformative role in altering traditional marriage norms. Before these interventions, many aspects of Hindu marriage were governed by long-established customs, often rooted in religious beliefs and social norms. However, British colonial laws introduced a new legal framework that began to challenge these deeply ingrained practices. 29 · Abolition of Widow Remarriage Prohibition: One of the most significant changes was the introduction of the Hindu Widows' Remarriage Act of 1856. Prior to this reform, Hindu widows were socially and legally barred from remarrying, which led to 29 Renuka Kancherla & Dr. Sunil Kumar Chaturvedi, Assessing the Influence of Colonial Rule on Hindu Marriage and Family Structures, Int'l J. of Advanced Research in Science, Communication and Technology (IJARSCT), vol. 3, no. 2, Feb. 2023, at 656, ISSN 2581-9429, https://www.ijarsct.co.in. their marginalization. Widows were often left without social or economic support, as remarriage was considered taboo. The colonial legal change provided a legal remedy by permitting widow remarriage, signalling a shift toward individual rights and personal freedoms, and encouraging a more progressive view of women's roles in society. · Interfaith and Civil Marriages: The Special Marriage Act of 1872 allowed for marriages between individuals of different faiths or between individuals who did not follow the traditional Hindu marriage customs. This law enabled civil marriages, offering legal recognition to marriages that did not adhere to religious rituals or castebased requirements. This was a notable departure from traditional norms, which emphasized endogamy and social stratification. · Challenging Harmful Practices: Colonial interventions also aimed at curbing harmful practices that were tied to marriage customs. For example, Sati, the practice of widow self-immolation, was formally outlawed by the British government in 1829, following legal interventions like The Queen Empress v. Hurree Mohun Mytheecase. These legal changes sought to safeguard women from ritualized violence and exploitation within marriage. · Recognition of Marital Rights: The British colonial period saw the development of legal systems that began recognizing certain marital rights, which had previously been overlooked in traditional customs. Women were granted legal standing to claim property and inheritance rights within marriage. The Hindu Marriage Act of 1955, introduced after India's independence, built upon these changes, making marriage a legally binding contract with defined rights and responsibilities for both parties. · Social Reforms and Resistance: While colonial legal reforms aimed to bring about progressive changes in marriage norms, these interventions were not universally accepted. Many traditionalists resisted these reforms, viewing them as an infringement on cultural and religious practices. However, over time, these reforms gradually influenced the evolving understanding of marriage in India, contributing to the modern legal landscape. 6. Post-Independence Legal Reforms: After India gained independence, there was a strong push to modernize and unify personal laws, especially in the area of marriage. The Hindu Code Bill 30, which played a pivotal role in this process, aimed at reforming the outdated and often discriminatory practices in Hindu personal laws. It sought to establish more equitable standards for marriage, inheritance, and family life 6.1 Role of the Hindu Code Bill in Modernizing Personal Laws: The Hindu Code Bill was a series of laws passed in India in the 1950s that aimed to reform and modernize Hindu personal law. The Bill was introduced in the Indian Parliament by the then-Law Minister, Dr. B.R. Ambedkar, who was also the chief architect of the Indian Constitution. The Hindu Code Bill sought to reform various aspects of Hindu personal law, including marriage, divorce, inheritance, and property rights. 31. The Hindu Code Bill, introduced in the Indian Parliament in the 1940s, sought to codify and modernize Hindu personal law, which was previously based on religious texts and traditional customs. It aimed to simplify complex practices and ensure gender equality, providing women with more rights in marriage, divorce, and inheritance. Despite facing strong opposition from conservatives, the bill laid the foundation for a more progressive legal framework that would eventually shape India’s family laws. Thus, four bills were passed i.e. The Hindu Marriage Act, 1955: This act codified and reformed Hindu marriage law. It provided for the registration of Hindu marriages and set the minimum age of marriage at 21 for men and 18 for women. The act also introduced several new grounds for divorce, including cruelty, desertion, and adultery. The Hindu Succession Act, 1956: This act codified and reformed Hindu inheritance law. It granted equal inheritance rights to male and female heirs, and it abolished the system of coparcenary and joint family property. Under this act, daughters also became coparceners in their father's property and had equal rights to their father's property as sons. The Hindu Minority and Guardianship Act, 1956: This act codified and reformed Hindu minority and guardianship law. It provided for the appointment of guardians for minors, including the mother as a natural guardian of a minor child. The act also defined the rights and duties of guardians and their powers over the minor's property. The Hindu Adoptions and Maintenance Act, 1956: This act codified and reformed Hindu 30 Hindu Code Bills, Wikipedia, https://en.wikipedia.org/wiki/Hindu_code_bills#:~:text=The%20Hindu%20code%20bills%20were,implemented%20the%20reforms%20in%201950s (accessed Jan. 22, 2025). 31 Saksham Vishal Sood, Hindu Code Bill: A Women's Right Movement, Legal Service India, https://www.legalserviceindia.com (last visited Jan. 22, 2025). adoption and maintenance law. It provided for the legal recognition of adoptions and defined the procedures for adoption. The act also provided for the maintenance of wives, children, and parents, and it made it the legal obligation of the husband or son to provide for their maintenance. 6.2 Key Provisions of the Hindu Marriage Act, 1955 : The Hindu Marriage Act, 195532, emerged as one of the most important pieces of legislation that reformed Hindu personal law. The Act provided a legal framework that recognized and protected the institution of marriage while addressing key issues related to marital relationships. 1. Monogamy and Provisions for Legal Divorce: One of the central provisions of the Hindu Marriage Act was the establishment of monogamy as the norm. Under the Act, a Hindu man or woman is allowed to have only one spouse at a time, thereby outlawing polygamy. The Act also introduced provisions for legal divorce, providing a formal process for the dissolution of a marriage. Previously, divorce was often not recognized under Hindu customs, and the legal recourse was limited. 2. Recognition of Mutual Consent as a Ground for Divorce: Prior to this law, divorce could only be granted on specific grounds such as cruelty or desertion, often requiring lengthy legal proceedings. The Hindu Marriage Act, however, recognized mutual consent as a valid ground for divorce. This was a significant departure from traditional practices, allowing couples to legally end their marriage with the agreement of both parties, making the process less contentious and more respectful of individual autonomy. 6.3 Amendments like the Marriage Laws Amendment Act, 1976: The Marriage Laws Amendment Act of 1976 further strengthened the Hindu Marriage Act by broadening the grounds for divorce. It introduced cruelty, desertion, and irretrievable breakdown of marriage as additional valid grounds for divorce. This was a crucial development, as it acknowledged the complexities of marital relationships and provided a more realistic understanding of when a marriage should end. The irretrievable breakdown of marriage, in particular, recognized the reality that some marriages, despite 32 Hindu Marriage Act, 1955, Wikipedia, https://en.wikipedia.org/wiki/Hindu_Marriage_Act,_1955 (last visited Jan. 22, 2025). efforts to repair, were beyond saving and should be dissolved in the interest of both parties' well-being. These reforms represented a significant shift toward modernizing personal laws in India, reflecting changing social attitudes towards marriage and gender equality. They emphasized individual rights, provided more avenues for seeking justice, and sought to promote fairness in family matters. While resistance to these changes still existed, the enactment of these legal reforms marked a critical step towards creating a more inclusive and progressive society. 7. The Law of Bigamy, Tradition vs. Modernity : Bigamy means entering into a contract of marriage with one person even after being legally married to another. Bigamy is not a new term for us but it is being practised since time immemorial. Bigamy can be traced back from Vedas and Epics like Ramayana and Mahabharata to Hindu rulers (for example Fateh Singh of Udaipur and Mewar and Bhupinder Singh of Patiala) in modern India. 33 Bigamy was prevalent among Hindus Kings back then but is now an offence for Hindus (Jain, Sikhs and Buddhists) under Section 17 of the Hindu Marriage Act, 1955.34 Bigamy is prohibited under Section 494 of the Indian Penal Code (IPC), which states: "Any person who, having a spouse living, marries again during the lifetime of such spouse, in cases where the subsequent marriage is void due to the existence of the first marriage, shall be punished with imprisonment of up to seven years and may also be liable to a fine." This provision reinforces the illegality of bigamy, ensuring adherence to monogamy. The law is particularly significant in the context of the Hindu Marriage Act, 1955, which also prohibits bigamy, emphasizing the void nature of any second marriage entered into while the first spouse is still alive. Bigamy is recognized as a punishable offense under Sections 494 and 495 of the Indian Penal Code (IPC). It is classified as a bailable and non-cognizable offense, carrying a penalty of imprisonment for up to seven years, a fine, or both. If a person fraudulently enters into a second marriage by concealing the existence of the first, the punishment may extend to 10 years of imprisonment, a fine, or both. However, such offenses are not compoundable under Section 495 of the IPC. 33 Bigamy in India, Jus Corpus (Oct. 25, 2021), https://www.juscorpus.com/bigamy-in-india/#_ednref1(last visited Jan. 23, 2025). 34 S. 494, The Indian Penal Code, 1860 (Act No. 45 of 1860). The provisions regarding bigamy do not apply to individuals belonging to Scheduled Tribes, and the law does not extend to live-in relationships, as the existence of a legally contracted second marriage without annulling the first is a prerequisite for bigamy to be established.

Essentials of Section 494 of the IPC:

Conditions for Bigamy

• There must be a valid first marriage.
• The first marriage must still be in existence.
• The spouse from the first marriage must be alive.
• A second marriage contract must have been entered into.
• Both marriages must meet the criteria to be considered legally valid.

Who Can File a Case of Bigamy?

• A deceived spouse can file a complaint against their partner.
• For a wife, her blood relatives, such as her father, mother, brother, or sister, may file a complaint on her behalf with the court's permission.
• For a husband, only he has the right to file the complaint directly.

Analysis of Bigamy under Section 17 of the Hindu Marriage Act

Section 17: This section criminalizes the practice of bigamy, read with Section 494 and Section 495 of the IPC, 1860. Furthermore, the effect of Section 494 and 495 extends to all marriages governed by:

• Special Marriage Act, 1954
• Foreign Marriage Act, 1969
• Christian Marriage Act, 1872
• Parsi Marriage and Divorce Act, 1936

Section 17 of the Hindu Marriage Act, 1955 specifically addresses the issue of bigamy. It states that any Hindu marriage that takes place while either of the spouses is already married to another living person is void. The Act allows only one lawful marriage at a time and forbids the remarriage of a Hindu individual if their spouse is still alive. Additionally, bigamy under this law is punishable. If a person marries again during the lifetime of their spouse, they can be penalized with imprisonment of up to 7 years, along with a fine.

Conditions for a Valid Marriage Under the Hindu Marriage Act

Section 5(i): A key requirement for a valid marriage is that neither individual should have a living spouse at the time of marriage.

35 Saumya Juneja, Bigamy and Its Loopholes Under the Hindu Marriage Act, 1956, Administrator (Feb. 20, 2023, last updated Feb. 25, 2023).

 Section 11: If this condition is violated, the marriage is considered null and void. Either party involved can file a petition to have the marriage declared invalid. The section specifies that any marriage solemnized after the Act came into effect will be nullified through a decree of nullity if it violates any of the conditions mentioned in clauses (i), (iv), and (v) of Section 5. 7.2 Penalties for Bigamy Under the Indian Penal Code (IPC) Bigamy is addressed under Sections 494 and 495 of the IPC. According to Section 494, if a person remarries while their spouse is still alive, the second marriage is void, and the offender can face imprisonment for up to 7 years or a fine, or both. Section 495 imposes stricter penalties in cases where the second marriage is entered into by concealing the existence of the first marriage. In such situations, the punishment may extend to 10 years of imprisonment along with a fine. These provisions, in conjunction with the Hindu Marriage Act, emphasize the legal prohibition against bigamy. 7.3 Challenges in Addressing Societal Loopholes and Fraudulent Practices: While the legal provisions against bigamy are clear, there are significant challenges in ensuring they are properly enforced. One of the main issues lies in the lack of awareness among individuals, especially in rural or less educated sections of society, about the legal implications of bigamy. Some people may deliberately choose to ignore the law, either due to cultural beliefs or a desire to retain more than one partner. Moreover, fraudulent practices, such as concealing previous marriages or altering legal documents, create substantial obstacles to the justice system. Victims of bigamy often face challenges in proving the existence of a previous marriage or obtaining the necessary legal evidence to substantiate their claims. This result in prolonged legal battles, and in some cases, the perpetrators of bigamy evade punishment. As mentioned above, for the commission of the offence of bigamy, it is essential that the second marriage took place during the lifetime of the first spouse and as per the case of Bhaurao Shankar Lokhande v. State of Maharashtra.36. In the case of Bhaurao v. State of Maharashtra, the Supreme Court once 36 Bhaurao v. State of Maharashtra, AIR 1965 SC 1564. again tied the anti-bigamy provisions of the Hindu Marriage Act (HMA) to the requirement of ceremonial marriage under Section 7(2) of the Act. The court ruled that if the customary marriage ceremonies were either incomplete or defectively performed, the marriage would not be legally recognized. As a result, the anti-bigamy provisions would not apply to such marriages. This decision highlights a misinterpretation regarding the significance of ceremonies such as the sacred fire and saptapadi, which were mistakenly regarded as essential conditions for the valid solemnization of a marriage. Instead, the focus should have been on the intent to commit bigamy as the critical factor. However, the court continued to emphasize the need for completing the ceremonial rituals, thus creating a potential loophole where the validity of the second marriage could be questioned based on procedural grounds, rather than the actual intention behind the marriage. Additionally, in societies where bigamy was historically accepted or practiced, there is sometimes social resistance to the idea of monogamy, making it harder for people to accept the legal consequences of bigamy. This cultural clash between tradition and modernity remains one of the key hurdles in fully eradicating bigamy.

8. Divorce in Hindu Marriage Laws: Balancing Rights and Duties:
In its most basic sense, "divorce" refers to the formal legal termination of a marriage between two individuals. Historically, within Hindu Dharma Shastra, marriage was viewed as a sacred and unbreakable bond, and there were no provisions for divorce. It wasn't until the introduction of the Hindu Marriage Act in 1955 that divorce became legally recognized. The Act established specific grounds for divorce under Section 13, allowing individuals to approach the court to seek a decree for the dissolution of their marriage. Under this Act, a marriage could only be dissolved if one spouse was found to be at fault, with actions or behaviours that significantly disrupted the marital relationship. This led to the development of a fault-based approach to divorce. While Hindu tradition once regarded marriage as a permanent union, it became clear that even such unions could be legally ended under certain circumstances. Before the enactment of the Hindu Marriage Act, there was no structured legal framework to address divorce in Hindu society.37 Relevant provisions related to Divorce under the Hindu Marriage Act,1955 : Section 10Section 10 of the Hindu Marriage Act addresses judicial separation and outlines the legal procedure for obtaining a divorce. To initiate this, a petition must be filed in the family court, where the grounds for separation (as per Sections 13(i) and 13(ii)) should be clearly mentioned if applicable. Section 5 Section 5 of the Hindu Marriage Act specifies the conditions for a valid Hindu marriage. These conditions are not mandatory but are guidelines for a lawful marriage. They include: 1. Neither the bride nor the groom should be married to someone else at the time of the marriage. 2. Both parties must be capable of giving consent and mentally fit to marry, without any serious mental health issues like frequent episodes of insanity or epilepsy. 3. Both must meet the legal age requirements for marriage: 21 years for the groom and 18 years for the bride. 4. They must not be in a prohibited relationship unless their customs or religious practices allow it. 5. The parties must not be sapindas unless their customs or religion permit such a marriage.38 Section 13 Section 13 outlines various grounds for divorce under the Hindu Marriage Act. This section includes several clauses, including Clause 1-A, which allows either party to file for divorce on specified grounds, and Clause 2, which grants the wife specific grounds for divorce. Section 13-1 provides grounds such as: 1. Conversion to another religion (such as Islam, Christianity, etc.), 2. Mental illness or insanity that makes it unreasonable to continue the marriage, 37 Divorce under Hindu Marriage Act, 1955, Drishti Judiciary (May 27, 2024), https://www.drishtijudiciary.com/to-the-point/ttp-hindu-law/divorce-under-hindu-marriage-act-1955 (last visited Jan. 23, 2025). 38 Blog, L. (2024) Divorce under Hindu Marriage Act, 1955: All you need to know, LexisNexis Blogs. Available at: https://www.lexisnexis.in/blogs/divorce-under-hindu-marriage-act/ (Accessed: 23 January 2025). 3. Contracting a venereal disease, 4. Presumption of death of a spouse. Section 13-2 includes grounds like: 1. Bigamy, 2. Rape, sodomy, or bestiality, 3. A court decree or order for maintenance (under Section 18 of the HMA or Section 125 of the IPC), 4. The wife living separately, 5. A marriage that occurred before the age of 15 (with the option to file for divorce once the wife turns 18), 6. Living separately for at least one year. Section 14 Section 14 of the Hindu Marriage Act prohibits divorce before the completion of one year from the marriage date. However, exceptions can be made if sufficient evidence is provided in the petition, allowing the court to consider the possibility of divorce even within the first year. This rule emphasizes the importance of giving the marriage a fair chance for reconciliation, taking into account emotional, financial, and familial factors, especially when children are involved. Section 15 Section 15 of the Hindu Marriage Act governs the right to remarry after a divorce. It specifies that a person cannot remarry until any appeal against the divorce decree is settled and dismissed in the court. Until then, the right to remarry is not legally recognized. Case Laws of Divorce : · Amardeep Singh v. Harveen Kaur39 In this case, the Court clarified that the six-month waiting period mandated for divorce by mutual consent under Section 13B(2) of the Hindu Marriage Act, 1955, is not strictly obligatory. The couple was granted a divorce without waiting for the statutory period. 39 Amardeep Singh v. Harveen Kaur, AIR 2017 SC 4417; (2017) 8 SCC 746. · Swapna Ghose v. Sadanand Ghose40 The case emphasized that proving adultery with direct evidence is exceptionally rare. The court acknowledged that indirect or circumstantial evidence may be considered in divorce cases involving allegations of adultery. 9. Discrimination and Gender Inequality in Hindu Marriage Law : Gender inequality has deep roots in Indian culture, where women have historically been considered the weaker gender. Unfortunately, crimes against women persist, despite efforts to eliminate them. To address this disparity, the government has introduced numerous legislative changes to promote equality between men and women. In personal matters such as marriage, inheritance, and adoption, gender inequality remains evident. However, growing awareness of the need for equal rights for women has motivated the government to enact reforms. Many of these changes focus on revising Hindu personal laws to ensure fairness. The origins of Hindu personal laws can be traced back to ancient texts like the Manusmriti. This text imposed several restrictions on women, clearly reflecting gender bias. To address these imbalances and improve the status of women, the legal system took significant steps to implement reforms. One major effort to empower women in traditionally male-dominated areas is the enactment of the Hindu Marriage Act, 1955. This law views Hindu marriage as a sacred bond and has undergone various amendments to make its provisions more equitable for women. These reforms grant women greater rights and protections compared to traditional practices. Additionally, judicial decisions have played a pivotal role in challenging biases against women, paving the way for more balanced interpretations of the law. These combined efforts aim to reduce gender inequality and enhance women's status in society.41 Key Issues 40 Swapna Ghose v. Sadanand Ghose, (1994) 2 SCC 220. 41 Syedamaanali, Gender Inequality and Hindu Marriage Act, 1955: An Analysis, Legal Service India - Law, Lawyers and Legal Resources, https://www.legalserviceindia.com/legal/article-9050-gender-inequality-andhindu-marriage-act-1955-an-analysis.html (last visited Jan. 23, 2025).

• Dowry System: The practice of dowry has been a significant issue, where families of brides are expected to give money or goods to the groom's family. This custom often leads to financial strain and sometimes even harassment or violence against women.
   
• Unequal Inheritance Rights: Women traditionally had fewer rights to inherit property compared to men. Although legal reforms like the Hindu Succession (Amendment) Act of 2005 have improved the situation, societal attitudes still hinder women from fully exercising these rights.
   
• Stigma Around Divorce: Divorced women often face societal judgment and isolation. The stigma is particularly severe in rural areas, where traditional beliefs dominate, making it difficult for women to rebuild their lives after divorce.

Judiciary's Role

The judiciary has played an essential role in addressing gender inequality. For instance, in Vimala vs. Veeraswamy, the court emphasized the right of a woman to maintenance after separation. This landmark judgment reinforced the principle that a husband is legally obligated to support his wife, reflecting the court’s commitment to protecting women’s rights in marriage.

Despite these efforts, challenges remain. Societal attitudes need to evolve alongside legal changes to achieve true gender equality in Hindu marriage laws.

Challenges in Implementation of Marriage Laws:
During the parliamentary discussion on the Special Marriage Bill, former Member of Parliament Vijaya Lakshmi Pandit strongly supported the right to choose one's own partner. She predicted that although the law might not see immediate acceptance, future generations, particularly those with more progressive views, would demand such a right. Many women lawmakers expressed their belief that the proposed legislation would significantly improve the status of women. However, there were also concerns voiced about the potential negative effects on society, with some fearing that the law could lead to a breakdown of traditional values. In addition, there were brief mentions of same-sex unions, which were met with homophobic remarks. 43

One major obstacle is the reluctance of rural and conservative communities to accept changes that challenge age-old customs and 42 K. Vimal v. K. Veeraswamy, (1991) 1 SCR 904, (1991) 2 SCC 375 (India), https://indiankanoon.org/doc/861619/ (last visited Jan. 23, 2025). 43 The Need for Marriage Equality in India, Civilsdaily, https://www.civilsdaily.com/news/the-need-formarriage-equality-in-india/ (last visited Jan. 23, 2025). traditions. Practices like child marriage and dowry, although legally prohibited, persist in many areas. The Dowry Prohibition Act, for instance, has struggled to eliminate the exchange of dowries entirely, as cultural norms often outweigh legal mandates. Interfaith and inter-caste marriages also face significant societal resistance. Couples often encounter harassment, social ostracism, and even violence. The landmark case of Lata Singh vs. State of Uttar Pradesh highlighted the challenges faced by inter-caste couples, emphasizing the need for greater protection and acceptance of such unions.

A significant challenge is the lack of awareness and access to legal resources, especially for women from marginalized communities. Many individuals are unaware of their rights under marriage laws, and the absence of affordable legal aid further exacerbates the problem. Women, in particular, may face societal and familial pressure that prevents them from seeking legal remedies. These challenges underscore the need for stronger enforcement mechanisms, increased public awareness, and supportive measures to ensure that marriage laws achieve their intended goals of equality and justice. Without addressing these systemic barriers, the effectiveness of such laws will remain limited.

Necessary Amendments for a Progressive Legal Framework:
The Special Marriage Act, 1954 (SMA) was a significant change in India’s marriage laws, as it allowed people of different castes and religions to marry. It introduced the idea that marriage can happen between any two people, recognizing each person’s individual identity outside of their community's norms.44 However, the SMA still follows many traditional views on marriage. It focuses on community interests, the traditional roles of breadwinner and householder, and gender stereotypes. As society has evolved and people's rights have developed, the assumptions behind the SMA now seem outdated. For example, the SMA sets different ages for consent for men and women, reinforcing gender stereotypes.

It also excludes people who don’t fit the traditional male-female marriage model, which is discriminatory. The law continues to allow the annulment of marriage based on impotency, making consummation a central requirement 44 Akshat Agarwal, Upgrading India’s Special Marriage Law: Need for a New and Progressive Law that Furthers the Rights of Persons Entering into Marriage, Vidhilegalpolicy,  https://vidhilegalpolicy.in/blog/upgrading-indias-special-marriage-law/ (last visited Jan. 23, 2025). in all marriages.

Additionally, the law includes provisions like restitution of conjugal rights, which limits individual freedom. Progressive concepts such as the irretrievable breakdown of marriage and shared marital property, which are more equal and fair, are not included in the SMA. The SMA also has a complicated procedure. It requires couples to announce their marriage intentions publicly a month in advance, which can lead to moral policing, especially in inter-caste and inter-religious marriages. Though some support this procedure to avoid elopements, it violates privacy rights and undermines a person’s freedom to choose their marriage partner.

Solution:
To address these issues, a new law is needed—one that ensures equality in marriage while protecting vulnerable individuals. This new law should recognize relationships between people, regardless of gender or sex, and eliminate age-based consent differences. It should also offer support for spouses after separation, especially for the one who is more vulnerable. Additionally, the law should include training for officials who enforce it to minimize practical problems.

The aim is to create a law that not only supports the rights of people entering marriages but also works effectively in real-life situations, taking into account both equality and social realities.

Implementation:
To ensure that marriage laws are fair and reflect the rights of all individuals, Parliament should introduce a new and progressive law that aligns with the evolving social dynamics of India. This law should be all-encompassing, covering not just marriage and divorce but also providing clear guidelines on maintenance and support for the financially vulnerable spouse and any children from the marriage.

When considering relationships beyond the traditional male-female model, it is essential to include the perspectives of the LGBTQ+ community in shaping the legal recognition of such relationships. Therefore, before implementing any new law, it is crucial to conduct extensive consultations with a wide range of stakeholders to ensure that various viewpoints and interests are considered. 11.

Recognizing irretrievable breakdown as an independent ground for divorce:
Irretrievable Breakdown of Marriage 45refers to a situation where, despite the sincere efforts of both spouses, the marriage cannot return to its original state of harmony. This concept is often treated as a no-fault basis for divorce, meaning that neither partner is required to establish wrongdoing by the other to justify the dissolution of the marriage. Although the legislature has not yet formally recognized this as a valid ground for divorce, the judiciary has acknowledged its significance and delivered several judgments supporting the idea.

One of the key landmark cases addressing the concept of Irretrievable Breakdown of Marriage was Naveen Kohli v. Neelu Kohli 46(2006). In this case, the Supreme Court upheld the Family Court’s findings that the appellant had endured psychological, physical, and financial abuse from the respondent, leading to an irreparable breakdown of their marriage. The Court recognized Irretrievable Breakdown of Marriage as a valid ground for divorce and recommended that the Legislature amend the Hindu Marriage Act, 1955, to include provisions reflecting this judgment. Before this decision, the grounds for divorce under the Hindu Marriage Act were limited to factors such as cruelty, adultery, desertion, religious conversion, and mental illness.

In the case of K. Srinivas Rao v. D.A. Deepa (2013),47 the Supreme Court ruled that the principle of Irretrievable Breakdown of Marriage could be applied when the couple has been living apart for a long time, and the marriage is beyond repair. Over time, it has been observed that courts consistently strive to help divorcing couples resolve their disputes. Each case is carefully considered based on the specific needs and circumstances of the parties involved. As a standard practice, courts initially try to reconcile the marriage, except in cases where the divorce is filled with mutual consent.

Factors to Consider for Divorce Based on Irretrievable Breakdown of Marriage The Hon’ble Court outlined several key factors to assess whether a marriage has broken down irretrievably:

• The duration for which the couple lived together after marriage.
• The time when they last lived together as husband and wife.
• The nature and severity of allegations made by each party against the other and their respective families.
• The outcomes of any previous legal proceedings and their effect on the relationship.
• The number of attempts made to resolve disputes through court interventions or mediation.
• The length of separation, which should generally be substantial (six years or more).

Additionally, the Court emphasized the importance of considering the parties’ economic and social circumstances, their educational background, the existence of children, and matters related to alimony before making a decision on divorce.

The Court also opined that when there has been a long and complete separation, and both parties have agreed to part ways, there is no benefit in prolonging the litigation. In such cases, a divorce should be granted promptly, as the parties have already had sufficient time to reflect and make a conscious decision to separate.

Further, applying principles of equity, the Court stated that if one party objects to the divorce, the opposing party’s circumstances and background must be carefully balanced before the divorce is finalized.

References:

1. Irretrievable Breakdown of Marriage in India, SS Rana & Co, Lexology (Dec. 1, 2023).
2. Naveen Kohli v. Neelu Kohli, AIR 2006 SC 1675.
3. K. Srinivas Rao v. D.A. Deepa, (2013) 5 SCC 226.

• Introducing gender-neutral provisions in marriage and divorce laws: The rule of law in the Indian Constitution establishes that laws apply equally to all citizens, meaning that everyone is equal before the law. However, ‘equality before law’ does not imply that Indian society has become free from biases; the discrimination of the marginalised and minority communities is visible in several instances.
• Legal provisions exist to protect the marginalised and bring them on equal footing; this is seen in the case of women. Since the gender inequalities in our legal system are a harsh yet apparent reality, legal safeguards were introduced to protect women's rights. Although these laws have been crucial in addressing several issues, they frequently reinforce gender stereotypes and, at times, are inadequate for effectively protecting the rights of other genders.
• For instance, most provisions often neglect gender diversity and assume women are victims and men are perpetrators. In this regard, formulating and implementing gender-neutral laws is essential in addressing inequality. Briefly, gender-neutral laws envisage treating people equally and not discriminating based on gender, regardless of how they identify⁴⁸.
• Family laws: Family laws govern crucial aspects of our lives, including marriage, divorce, parenthood, and inheritance. Some of these laws are secular, meaning they apply to all citizens regardless of religion, like the Special Marriage Act of 1954.
• Other laws are specific to certain religious groups, such as the Parsi Marriage and Divorce Act, 1925, or laws for communities like those following aliyasanatanam or marumakkattayam traditions under Section 17 of the Hindu Succession Act, 1956.
• While secular laws are typically written down in legislation, personal and customary laws—those that apply to specific communities—are often unwritten and more difficult to regulate.
• Many family laws have been criticized for discriminating based on gender, especially disadvantaging women. As a result, the need for reform has been a key demand in the women’s movement.
• However, there has been ongoing debate on how to bring about this change. Some believe in the need for a uniform and secular family law that applies to all citizens, while others argue for amending religious personal laws themselves.
• Over the years, we have seen both approaches: for instance, the Hindu code bills in the 1950s aimed to reform Hindu personal law, and more recently, the idea of a Uniform Civil Code (UCC) has been proposed, such as in Uttarakhand⁴⁹.

⁴⁸ Samiksha Kanaujia, Need for More Gender-Neutral Laws, DRISHTI JUDICIARY (May 10, 2024), https://www.drishtijudiciary.com/blog/need-for-more-gender-neutral-laws.

Key aspects of gender-neutral marriage and divorce laws include:

• Equal Grounds for Divorce: Both spouses should have equal access to legal grounds for divorce, such as cruelty, desertion, or irretrievable breakdown of marriage, without assumptions about gender roles.
• Neutral Alimony Provisions: Decisions regarding alimony and financial support should be based on the economic dependence and contributions of either party, rather than traditional assumptions about who the primary earner is.
• Custody and Parenting: Child custody laws should prioritize the best interests of the child, with both parents considered equally capable of caregiving, irrespective of gender.
• Property Division: Division of marital property should be based on contributions made by each partner, financial or otherwise, without gender bias.

49 Kartavi Satyarthi, Rakshita Goyal & Namrata Mukherjee, Towards a Gender-Just and Queer-Inclusive Family Law, ADVOCACY & GOVERNMENT https://www.example.com/article-link (July 26, 2024), accessed Jan. 24, 2025.

• Recognition of Non-Binary Individuals: The inclusion of non-binary individuals and recognition of same-sex marriages would align with principles of equality and modern social realities.
• Elimination of Stereotypes: Gender-neutral laws would challenge traditional stereotypes, such as the assumption that men are breadwinners or women are primary caregivers, creating a more inclusive legal framework.

By implementing these provisions, marriage and divorce laws can adapt to the evolving understanding of gender and relationships, ensuring fairness, equality, and justice for all individuals.

Strengthening the Enforcement of Bigamy and Dowry Laws

The enforcement and implementation of the Dowry Prohibition Act, 1961, have long been subjects of legal and social discourse in India. The Supreme Court of India's judgment in Enforcement and Implementation of Dowry Prohibition Act, 1961, In Re (2005 INSC 243) serves as a pivotal moment in addressing the persistent challenges associated with dowry practices.

This case underscores the judiciary's role in ensuring legislative measures effectively combat social evils like dowry, which continues to plague Indian society despite longstanding legal provisions. The case revolves around the inadequacies in implementing the Dowry Prohibition Act, leading to continued dowry-related abuses.

Filed as a writ petition in July 1997, the petitioner sought mandamus to compel the Central and State Governments to rigorously enforce the Act. The key issues pertain to the lack of effective implementation mechanisms, insufficient appointment of Dowry Prohibition Officers, and the absence of comprehensive public awareness campaigns.

To effectively address bigamy and dowry-related issues, it is essential to enhance the enforcement of existing laws that protect women’s rights. Bigamy, which involves marrying someone while still legally married to another person, and dowry, which entails demanding gifts or money from the bride’s family, are persistent problems in India. 50

• Strengthening Enforcement of the Dowry Prohibition Act: Supreme Court's Landmark Directions, CASEMINE (May 3, 2005), https://www.casemine.com/commentary/in/strengthening-enforcement-of-thedowry-prohibition-act:-supreme-court's-landmark-directions/view (accessed Jan. 24, 2025).
   
• Strengthening the enforcement of laws like the Hindu Marriage Act, 1955, which prohibits bigamy, and the Dowry Prohibition Act, 1961, requires a stronger focus on implementation.
  • Providing proper training for law enforcement to ensure they are well-informed about these laws and their significance.
  • Police and courts must be prepared to act swiftly and effectively in such cases, ensuring justice is served without delay.
  • Raising public awareness about the consequences of violating these laws to prevent these practices from continuing.
  • Stricter penalties and faster legal proceedings will help deter potential offenders.
  • Establishing monitoring systems to ensure that cases of bigamy and dowry demands are quickly reported and dealt with, creating a safer environment for women and strengthening their legal rights.
• Ensuring legal protection for interfaith and inter-caste marriages: Building on the Special Marriage Act, 1954.
   
  • Love may conquer all, but societal pressures can be a formidable force.
  • Families may disapprove of your choice of partner due to religious or caste differences.
  • This disapproval can manifest in threats, harassment, or even attempts to sabotage the marriage.
  • Legal protection becomes crucial in such situations, safeguarding your right to be together.
  • The Special Marriage Act, 1954 (SMA) provides a secular framework for individuals of different religions, castes, or nationalities to marry without conversion.
    • It ensures legal recognition, protects mutual consent, and guarantees rights like inheritance and property ownership.
    • However, challenges like societal opposition, privacy concerns, and lack of awareness hinder its full potential.
       
• Key Challenges and Reforms
  • Societal Resistance: Couples often face threats and honor-based violence.
  • Privacy in Registration: The 30-day public notice exposes couples to opposition. Confidential notice mechanisms should be implemented.
  • Police Protection: Law enforcement must safeguard couples and act against harassment.
  • Awareness Campaigns: Public education on SMA provisions is essential.
  • Fast-Track Support: Establish grievance redressal mechanisms for timely justice.

Reference:
Adv. Anamika Kashyap, Guide to Safeguarding Love and Inter-Caste Marriages in India, EZYLEGAL, https://www.ezylegal.in/blogs/guide-to-safeguarding-love-and-inter-caste-marriages-in-india (accessed Jan. 24, 2025).

• Judicial Support: Courts have reinforced the right to marry under Article 21:
  • Lata Singh v. State of U.P. (2006): Declared marriage by choice a fundamental right and directed police protection.
  • Shakti Vahini v. Union of India (2018): Strongly condemned honor killings and emphasized state protection for such couples.
     

Awareness and Education: Bridging the Gap

India, with its diverse population and vast geographical spread, faces numerous challenges in providing quality education to all its citizens. One of the primary barriers is the lack of access to education in remote and marginalized areas, where infrastructure and resources are scarce. Additionally, financial constraints, gender disparities, and cultural biases further hinder educational opportunities for disadvantaged communities.

• Challenges and Gaps in Quality Education: Education is the foundation for personal and societal development, equipping individuals with the knowledge, skills, and values necessary for success. However, in India, there is stark inequality in access to quality education and the availability of resources, especially in rural and underprivileged areas.
  • Addressing these disparities is vital to ensure that everyone, regardless of their socio-economic background, has an equal chance to succeed and contribute to the nation’s growth.
  • Closing the gaps in education access and resources is critical for achieving inclusive and sustainable progress in India.
  • This requires a comprehensive approach that includes policy changes, increased funding, and collaboration among various stakeholders.
  • Providing quality education for all will unlock the nation’s human potential and set the stage for a brighter, more equitable future.
     
• The Accessibility Challenge: In India, access to quality education remains a significant issue, particularly in rural and remote regions.
  • Factors such as inadequate infrastructure, lack of transport facilities, and the absence of nearby schools make education less accessible.
  • Children from these areas often have to travel long distances to attend school, negatively affecting their attendance and ability to engage in learning.
  • Marginalized communities, including tribal groups and those from economically weaker sections, face additional hurdles.
  • Social discrimination, cultural norms, and stigma further restrict their participation in education, trapping them in a cycle of poverty and limited opportunities.
     
• Resource Disparities: A major concern in the Indian education system is the unequal allocation of resources.
  • Schools in rural areas often lack essential facilities like safe drinking water, functional toilets, and electricity.
  • Poor conditions not only affect the learning experience but also discourage regular attendance.
  • There is a shortage of well-trained teachers, especially in remote areas, which compromises the quality of education.
  • Teachers in these regions often lack access to adequate training or professional development opportunities.
  • The limited use of modern teaching methods and technology further widens the gap in educational outcomes.
     
• Steps to Bridge the Gap: To tackle these challenges, coordinated efforts from all stakeholders are essential.

The Following Measures Can Help Improve Access To Education And Reduce Resource Disparities:

• Improving Infrastructure: Governments should prioritize investments in building and upgrading school facilities in rural and underserved areas. This includes ensuring clean drinking water, sanitation, electricity, and a safe learning environment.
• Strengthening Teacher Recruitment and Training: Teacher training programs should focus on equipping educators with the skills they need, particularly in rural settings. Recruitment policies should incentivize qualified teachers to serve in remote areas. Professional growth opportunities, such as mentorship programs, can further improve teacher performance.
• Incorporating Technology: Technology can be a powerful tool in overcoming resource gaps. Digital classrooms, e-learning platforms, and educational apps can provide access to quality learning materials and complement traditional teaching, even in isolated regions.
• Promoting Inclusive Education: Discrimination and social barriers must be addressed to ensure equal access to education for marginalized groups. Awareness campaigns, sensitization programs, and affirmative action policies can create a more equitable and inclusive educational system.
• Fostering Public-Private Partnerships: Collaboration among governments, private organizations, and civil society can play a crucial role in addressing education challenges. Corporate social responsibility initiatives, scholarships, and philanthropic efforts can support the development of infrastructure, resource allocation, and capacity building.

By addressing these challenges and implementing these measures, India can work towards providing quality education for all, paving the way for equitable growth and a brighter future.

• Role of NGOs, social media, and legal aid clinics in spreading awareness:
• In today’s world, social media plays a crucial role in helping society seek justice.
• Cases that have gained attention through social and legal platforms often receive greater legal backing and are resolved more quickly.
• With billions of people using social media every day, it has become a vital tool for sharing information globally, including raising legal awareness and shaping public perception.
• This aligns with the principles of democracy, where knowledge of rights and justice is fundamental.
• As the largest democracy in the world, India must ensure that its citizens are well-informed about their rights and freedoms, allowing them to live in accordance with democratic values and the rule of law.
• Awareness of legal protections empowers individuals, especially those from marginalized and disadvantaged communities, to recognize and actively challenge injustices in society.
• The primary goal of the state is to ensure that the constitutional commitment of providing "equal justice for all" is upheld, especially for the disadvantaged and weaker sections of society.
• Although free legal aid is recognized as a critical element of the rule of law, the legal aid movement in India has struggled to achieve its intended objectives.
• There remains a significant gap between the aspirations set forth and the results achieved.
• India, as a nation, continues to grapple with issues such as poverty, illiteracy, and lack of awareness.
• It is essential to educate citizens about the fundamental laws of the country, as legal awareness campaigns cannot succeed unless people are fully informed about their rights.
• Legal awareness and access to legal aid are fundamental rights of the people and a core responsibility of the state.
• One of the major challenges to the legal aid movement in India is the inefficiency of the delivery system.
• When individuals, particularly those from impoverished backgrounds, are unaware of their legal rights, they are more likely to face exploitation and lose access to the benefits and protections guaranteed to them by law.
• For the legal aid system to be effective, there must be greater public awareness and an improved delivery mechanism.
• Law, being a form of social science, is closely intertwined with society.
• As society evolves, so must the law to address emerging social needs.
• Constitutional amendments exist to adapt to such changes, and it is the judiciary's responsibility to strike down any law that violates constitutional provisions, public interest, or fundamental rights.
• A robust legal system, coupled with public awareness and efficient mechanisms, is essential for ensuring justice and safeguarding societal well-being.

Source: Narayan Seva Sansthan, Quality Education for All: Bridging the Gap in Access and Resources https://www.narayanseva.org/quality-education-for-all-bridging-the-gap-in-access-and-resources/ (July 24, 2023)

 

Social Media and Legal Awareness

• Media effects on many levels of society. It all comes down to a point where random people from different parts of the world make judgments on our feelings, reactions, and responses to certain events.
• The ability to incite or control collective anger directed at specific events or individuals.
• The change from rule of law has not gone unnoticed, as social media platforms play a significant role in defining and modifying India's legal system.
• Most notably, through the dissemination of news, judgments, and laws through various social networks, this has led to a great spread of legal consciousness, allowing most people to become familiar with values and laws they might not otherwise have known about.
• Media has opened the door of opportunity to access the decisions of the courts and tribunals in India.
• The decisions of the Supreme Court and High Courts have a direct bearing on the decisions passed by the High Courts, lower courts, and tribunals.

Role of NGOs in Legal Awareness

• NGOs work to protect human rights at various levels, employing strategies based on their goals, whether short-term or long-term, and their scope—local, national, or international.
• Direct Assistance: NGOs often provide direct support to victims of human rights violations, especially in social and economic rights. This can include humanitarian aid, skill training, legal advocacy, or advice on presenting claims.
• However, in many cases, NGOs focus on long-term strategies to prevent future violations or address systemic issues when direct aid is not feasible.
• Information Gathering: A core strategy of NGOs is collecting accurate information to expose human rights violations and hold governments accountable.
• Many governments avoid scrutiny by keeping the effects of their policies hidden.
• NGOs like Amnesty International and the International Committee of the Red Cross play a key role in monitoring, reporting, and promoting transparency, which influences public opinion and international bodies like the UN.

Reference:
Pooran Chandra Pande & Dr. K.B. Asthana, Role of Social Media in Legal Awareness, 30 Educ. Admin.: Theory & Prac. 3770, 3770-75 (2024), https://kuey.net/, doi:10.53555/kuey.v30i5.2968.

 

Campaigning and Advocacy

NGOs use various advocacy methods to push for policy changes, including:

• Letter-Writing Campaigns: Members worldwide write to officials, applying pressure.
• Demonstrations: Public protests and media coverage raise awareness and highlight issues.
• Social Media and Digital Tools: Online petitions, blogs, and networks amplify their message.
• Shadow Reports: Submitted to UN bodies to present an NGO perspective on human rights situations.

Additionally, NGOs may hold private meetings or briefings with officials, and sometimes the mere threat of public exposure can prompt action. Public and influential support often strengthens campaigns and increases the likelihood of achieving objectives.⁵⁷

Promoting Dialogue between Tradition and Modernity

Fostering conversations between traditional values and modern perspectives is crucial for societal acceptance of reforms. Initiatives like:

• Community discussions
• Seminars
• Educational campaigns

These initiatives can help bridge generational and cultural divides. Highlighting stories of positive change can inspire acceptance and encourage a more progressive outlook while respecting cultural roots. Together, these efforts create an environment where legal awareness thrives, empowering individuals and paving the way for meaningful reform.

⁵⁷ Council of Europe, Human Rights Activism and the Role of NGOs, COMPASS: Manual for Human Rights Education with Young People, link (last visited Jan. 24, 2025).

Future Prospects for Hindu Marriage Laws

Even though the institution of marriage has always been hailed as a sacred ‘sanskar’ in the Indic civilisation, divorce rates have been on a steady rise across India in the past decade. The significant transformation in the marriage landscape, mirroring the trend in western nations, is reflective of broader societal changes like financial independence among women.⁵⁸

The evolution of Hindu marriage laws must aim to align legal provisions with societal realities, ensuring their relevance and effective implementation.

Key priorities include:

• Bridging the gap between traditional practices and contemporary legal frameworks: Achieved through greater public awareness and reforming outdated customs that contradict the principles of equality and justice.
• Empowering individuals, particularly women: Providing education and access to legal resources can help women make informed decisions about marriage, divorce, and their rights within a marital relationship.
• Fostering a supportive environment: Those seeking redress or justice in matrimonial matters should have confidence in the legal system.
• Adopting global best practices: Implementing progressive measures such as alternative dispute resolution mechanisms, equitable property division, and stricter enforcement of spousal and child support.

A comprehensive and inclusive reform of Hindu marriage laws, rooted in fairness and adaptability, can contribute to a more just and equitable society.
 

Conclusion:
Tradition Meets Reform
In the early 19th century, Indian society was rigid, caste-based, and steeped in social practices that were inconsistent with humanitarian values.

Satya Muley, Legal Standing of Prenups in India: Future Outlook and Changing Social Dynamics, https://www.financialexpress.com/india-news/legal-standing-of-prenups-inindia-future-outlook-and-changing-social-dynamics/3522094/  The Financial Express (June 11, 2024)

Reforms were needed to address these issues and confront Western challenges. Reform movements, like the Brahmo Samaj, Prarthana Samaj, and Arya Samaj, and revivalist movements like the Deoband Movement, emerged to bring social change.

Key factors driving these reforms included:

• The influence of British colonial rule, which introduced ideas of liberty, equality, and justice.
• Religious and social ills, like superstitions, child marriage, and Sati, that needed to be addressed.
• The rising educational awareness and nationalist sentiment.

The Brahmo Samaj, founded by Raja Ram Mohan Roy in 1828, promoted rational worship, rejected idol worship, and believed in religious unity. The Prarthana Samaj focused on issues like caste discrimination, women’s education, and widow remarriage. The Satyashodhak Samaj, founded by Jyotiba Phule in 1873, fought against caste oppression and worked for the upliftment of lower castes and women. The Arya Samaj, founded by Dayananda Saraswati in 1875, emphasized Vedic teachings, social reform, and education, promoting the Shuddhi movement for reconversion. The Young Bengal movement, led by Derozio, promoted radical ideas and women’s rights. The Ramakrishna movement, led by Swami Vivekananda, emphasized universal spirituality and humanitarian service, influencing social reform and education.

These movements laid the foundation for social and religious changes in India, challenging outdated practices and promoting equality and justice.

Socio-Religious Reform Movements: Part I, https://www.drishtiias.com/to-thepoints/paper1/socio-religious-reform-move%20ment-part-i Drishti IAS (Feb. 15, 2022)

The journey of Hindu marriage laws has been a transformative one, evolving from ancient religious customs to a more structured modern legal system. Initially rooted in tradition, these laws have undergone significant changes, reflecting the need to adapt to the complexities of contemporary society. However, the path is far from complete, and continuous reforms are essential to ensure that the laws align with the values of equality, fairness, and justice.

To build a just and progressive society, it is crucial to continue these reforms, making sure they address emerging social issues and protect the rights of all individuals, particularly women and marginalized communities. Ongoing judicial activism and proactive legislative amendments are key in responding to the evolving needs of society. Moreover, raising awareness about rights and legal processes is essential for empowering individuals to make informed decisions and access justice when needed. Ultimately, the blending of tradition and reform is necessary to keep Hindu marriage laws relevant and effective in safeguarding the rights and dignity of every citizen.
 
Written By: Himanshu Muniyal, 2nd Year 4 Semester, LL.B (3 year program) DAV PG College Dehradun, Uttarakhand, India
E-mail: nikshul13@gmail.com