Marriage in Hinduism: Rituals, Rules, Realities

Marriage – this word in Hinduism is not just a social contact rather it is being considered as a sacramental thread, a close union deeply rooted in the customs and traditions. Though it may vary from communities to communities, the legal framework which govern the Hindu marriages in India is uniform under the Hindu Marriage Act, 1955. This act governs marriages among Hindus which includes Buddhists, Sikhs, Jains and in fact everyone in India who is not a Muslim, Christian, Parsi or Jew. 

Background: Sacred Traditions Beyond Statutory Laws

Today, we know that there exists an act for the governance – Hindu Marriage Act, 1955 but what marriages was all about before 1955? Was there no sanctity, no solemnization, no structure? Of course, there was. Long before its enactment, marriages among Hindus was not a matter of statutory law where registration was compulsory rather of a sacred custom. These unions weren’t registered in government offices but were sanctified at the altar of tradition, carried out with rituals passed down through generations. In the absence of codified legislation, it was vast intricate web of Smritis like Manusmriti., Shastras, Dharmashastra, that shaped and solemnized the Hindu marriage. In Hinduism, marriage was considered as one of the sixteen sanskaras – a union to bind two souls across lifetimes, not a contract, not meant to be dissolved. In our ancient tradition, a wife was seen as “ardhagini" – one half of the husband. A man was considered incomplete without a wife, especially while performing yajanas (sacrificial rituals), vrats(vows) and pujas(worship). King Dasharatha ruled over a prosperous empire yet required a queen to perform the sacred Putrakameshti Yajna, without the wife, the ritual remained incomplete; without the feminine, creation stood still. This is still in practice, in the form of seven promises taken by the wife from the groom while saptapadi. 

Ancient Hindu texts recognized eight distinct forms of marriages – Brahma vivah – considered as the highest and most revered form where father gave his daughter to man of learning and character, Daiva vivah- where daughter was gifted to a priest as part of a religious offering, Arsha vivah- bride’s father received a symbolic token, usually a cow or bull, from the groom, Prajapatya vivah- emphasized on mutual duties or companionship, Gandharva vivah – marriage of passion and consent, love marriage in today’s sense, Asura vivah – groom offered wealth to the bride’s family, typically purchasing the bride, Rakshasa vivah – marriage done through abduction, Paisacha vivah – involved coercion, often under intoxication or when the woman is asleep. 

Essentials: Marriage in the Age of Rebellion: Why Section 5 Still Matters"

After this legislation, Hindu marriage is considered as valid under Section 5 of the Hindu Marriage Act, if certain conditions are fulfilled:

1. There should not be a living spouse of either of the parties at the time of marriage. If marrying for the second time during the lifetime of the spouse without divorce or annulment, the second marriage is considered as void, as defined in Section 5(i).

However, in the world that is rapidly redefining relationships – where commitment is fluid and “forever” is questioned at every step, our law remains unshaken, protecting the integrity of marriages. The belief of young generation is – love is limitless, being an emotion however law demands limitation in commitment. Society may flirt with the ideas of polygamy, the legal system insists on accountability in the marriage, being considered as a sacramental relationship. 

One such case is of Sarla Mudgal v. Union of India 1995, where the he Supreme Court held that a Hindu man cannot convert to Islam to remarry without dissolving the first marriage. Such actions were seen as abuse of religious freedom to commit bigamy.

2. Section 5(ii) reminds us that love is not enough, rather a clarity of mind is essential where both the parties are capable of giving valid consent, not suffer from any mental disorder making them unfit for marriage or parenthood and not be prone to unsoundness of mind. 

However, today is the age of impulsive elopements, fleeting tender romance and frequent breakups, do they even realise whether they ae mentally and emotionally stable for such a lifelong bond? Mad love is being romanticize but our law hold that one must not be mad – literally or legally, to marry. Marriage must not be considered as a rebound for the past or unhealed traumas, which youth have forgotten and enters into this relationship with minds cluttered and hearts confused. 

3. Age requirement is set in Section 5(iii) – 21 years and 18 years for the groom and the bride, respectively. This is not a checkbox, rather a legal firewall against immaturity, impulsiveness and exploitation. 

However, isn’t it’s the high time to realise that the minimum age requirement should be the same for both the genders? If equal in marriage, why unequal in age? Gone the times when girls were being considered as “settled” after their marriage, today women are CEOs, scientists, officers, then why are they bound to become a wife three years earlier than men? 

4. Section 5(iv) says that marriage is not valid within the prohibited degrees of relationship and (v) that parties should not be sapindas of each other- within five generations on father’s side and three generations on mother’s side.

So, as believed by today’s youth, these are written out of superstition or social snobbery- it is not. They were born out of biological reasoning and ancestral respect. Just casually saying “our vibe matches” does not deny that you might have the same DNA and can lead to genetic disorders. Therefore, some lines need not be crossed, especially of blood, even in the name of “modern love.”

In the tapestry of Hindu marriage, the threads of tradition, law and modernism are interwoven in a way that doesn’t mean breaking boundaries but also respecting this deeply emotional bond. Love, in today’s world, is definitely important, but with wisdom – passionate as well as purposeful. 

Closing Credits

Author: Shambhavi Mathur
Affiliation: Gujrat National Law University

"The views expressed are personal. This article is intended for educational purposes and public discourse. Feedback and constructive criticism are welcome!"