This Article is written by Ashika Verma & this article discuss the Concept of Marriage under Hindu law.
INTRODUCTION
Humans have steadily changed over hundreds of years, both generating and accepting the changes in our environment. Humans have undergone significant transformation over history. Hindu civilizations undoubtedly saw a lot of change. Switches occurred from the beginning of civilization, from the Vedic to the Mediaeval to the Modern eras.
Matriarchal societies emerged as a result of the respect and high status women enjoyed throughout the Indus Valley Civilization. The name implies that the wives who were women were granted rights. After being married, a man would move in adjacent to his new bride’s parents’ home. They would raise their children alongside them. Consequently, even after the marriage, the girl children would remain with their family. When girl children from four to five generations live together, it creates a relationship.
Certain evidences indicate that cross-cultural marriage occurrences are practiced. It is believed that this material dates to the Harappan era. It was determined that there’s a chance Harappans were involved in intercultural unions.
Both Monogamy and Polygamy
Polyandry and polygamy were prevalent in ancient times. In those days, it was a very legal act. In situations where a woman is unable to carry out her religious obligations, have challenges in becoming pregnant, or are unable to conceive a male child, her husband is permitted to remarry. It is legal for a guy to wed as many women as he desires. Kshatriyas were known for using this technique. Against the wishes of their mother, Draupadi married five Pandavas in Mahabharatha, against the opposition of her own family.
This was the polyandry custom in which a single lady had multiple husbands. Arjuna, the third Pandava, married four women: Ulpuli, Subathdra (Krishnan’s sister), Chitragada, and Draupadi. The Pandavas practiced polygamy.
However, observing the Vedic era. It is striking that polygamy was not common. This really started to happen in the Middle Ages. Without a doubt, monogamy supplanted polygamy over time. Even though bigamy is still practiced covertly. Nowadays, monogamy is still the accepted norm.
The idea behind Swayamvara
The culture of Swayamvara is Vedic. It was quite well-known in middle-aged royal households. In the Ramayana, this is how Sita and Rama got married. In the Mahabharata, too Kunti and Pandu were wedded by swayamvara. For their daughter, kings arrange the swayamvara. The brides, who were the daughters of the king, had the option to select their groom based on qualifications. The best man is invited by the bride’s parents to the swayamvara.
In order to test the suitors’ strength and abilities and aid in the selecting process, the father would occasionally maintain some competition. Such a mission was set forth in Draupadi’s swayamvaram in the Mahabharata. In the Ramayana, Sita’s swayamvaram had a duty that Rama completed successfully and they were wedded.
Patriarchy
The society gradually abandoned the conventional way of thinking. The patriarchal and caste-based laws were adopted by the matriarchal society. In this, women’s status was diminished and their independence was taken away. After marriage, the women moved into their husbands’ homes, but they were permanently placed under the male supervision.
CURRENT HINDU WEDDING
Cultural and traditional values were compromised in the past. Due to the arrival of Muslim kings and the colonisation of Britain, the Netherlands, and France, religious procedures and practices were significantly changing. The foreign overlords forced their religion upon our land and spread their customs because they were unable to comprehend the religious practices of our nation. Their meddling with Hindu traditions was accepted. People become increasingly captivated with western culture. The foundation of Hindu philosophy and culture was impacted by this influence.
However, some adjustments are taken into consideration to improve our lives. Great things were brought to the culture by certain adjustments. Since it was evident that certain Hindu cultural practices infringed against our right to life. Modernising our thinking was our only chance of surviving in the rapidly changing environment. The relationship’s point of view was changed by the English schooling. Hindu marriage practices saw significant alterations as a result of western culture in our nation; these changes were not without their benefits and drawbacks. The following are the noteworthy aspects of the modifications:
In the past, marriage was not regarded as required and was not as significant. Back then, marriage was required of both men and women. The absence of a son would prevent a guy from being saved. Without a partner, yajna cannot be performed. There was a religious necessity. However, men and women in foreign cultures do not view marriage as vital. Women with education reject the idea of accepting men as their slaves. They give ancient religious values zero consideration. The marriage of individuals in the same gotra and caste is rejected by ancient custom. These are not currently used, and the legislation has restrictions on them as well.
The custom of child marriage was popular in middle period. Following the enactment of the 1929 Child Marriage Restriction Act, or Sarada Act. This turned into a crime and an illegal act. The promise of women’s education follows from this. In the past, intercaste marriage was forbidden and viewed as immoral. However, it is now legally allowed. These unions are a testament to the advancement of coeducation as well as the values of liberty and equality.
Following significant work by social reformers, Hindu remarriage became acceptable. Widows were traditionally burned in the fire with their deceased husbands as a kind of sati. Raja Ram’s efforts caused it to disappear. Hindu society at the time forbade widow remarriage and considered it an immoral behaviour. In 1856, the British later passed the Widow Remarriage Act. Remarrying was encouraged and tolerated by Hindu society over time as a way to improve the lot of women.
Rejecting polygamy was a significant step towards women’s rights. The Hindu Marriage Act makes polygamy illegal and penalised. It is not appropriate to marry again while the previous wife is still living. The Hindu Marriage Act grants the right to dissolve their union under specific circumstances. In the past, people who were joined by the sacred bond of marriage were unable to divorce until death, but today, anyone who is unwilling to cohabitate may file for one.
CONCLUSION
Since the beginning of human history, the only thing that has been constant and unchanging is change. Every era changed gradually, and the modifications were welcomed. Marriages altered as people and societies evolved. The Hindu tradition of marriage is still observed, albeit with some modifications. Although not all changes had a negative impact on culture, western civilization is the primary cause. Not all of the traditions and customs were beneficial to Hindus. Some were justified in infringing their rights to life and liberty, therefore these evolutionary developments were also beneficial.
REFERENCES
- https://indiankanoon.org/doc/590166/
- Mulla, D.F. and Desai, S.A. (2021) Mulla Hindu law: With a general introduction to Hindu law and with commentaries on the Hindu Marriage Act, 1955, The Hindu Succession Act, 1956, The Hindu Minority & Guardianship Act, 1956, the Hindu Adoptions & Maintenance Act, 1956. Gurgaon, Haryana, India: LexisNexis.
