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No Validity Without Ceremonies: SC Take on Hindu Marriages
Context:
The Supreme Court has ruled that a Hindu marriage is a ‘ritual’ or ceremony that cannot be recognized under the Hindu Marriage Act, 1955 unless it is performed properly.
More on News
- The Bench stressed the need for young people to think carefully about the sacred institution of marriage before getting married.
- The order came after a divorce petition by two commercial pilots without a legally recognised Hindu marriage.
About Hindu Marriage
- It is a sacred union that transcends physical desire and includes duties, property, and spiritual liberation (Moksha).
- It plays an important role in shaping the Hindu social structure, emphasizing family, lineage continuity, and household establishment (‘Grihastha’).
- The wedding rituals and traditions reflect the social values of harmony, intimacy, and love among the partners.
Legal Framework:
The Hindu Marriage Act of 1955 governs marriages between Hindus, Buddhists, Jains, and Sikhs in India.
- Objective: To amend and codify marriage laws among Hindus and others, providing clear guidelines for solemnising marriages and establishing uniformity in registration.
- The Act made monogamy lawful, established requirements for marriage eligibility, registration, and dissolution, and permitted religious and intercaste marriages under certain situations.
- Unless a Hindu marriage is performed with appropriate ceremonies and in due form, it cannot be considered ‘solemnised’ as per Section 7(1) of the Act.
- The marriage becomes complete and binding when the bride and groom jointly take the seven steps known as Saptapadi before the sacred fire.
Right to Marry vs Right to Marry of One’s Choice
- Article 21 somewhere encompasses the notion of marriage-related rights in India.
- Right to marry is not recognised as a “fundamental right” as held by the apex court in the Supriyo Chakraborty vs Union of India case (2023).
- The right to marry is more about tying nuptials as a matter of entitlement given to all individuals.
- However, the Supreme Court has given the right to marry of one’s choice under Article 21 through the Shafin Jahan vs KM Ashokan case (2018).
- The right to marry of one’s choice deals with the matter of expressing the choice or consent of an individual to tie nuptials.
- Right to consent is considered an integral part of personal liberty and is protected under the Constitution of India which guarantees freedom and liberty in choosing a partner.
