Sunday, April 26, 2015

Present System of Marriage in India

Hindu marriage system provided by the religious texts, and saints and prevalent in ancient India, has undergone many fundamental changes, under the influence of the western culture and way of life and the compelling needs of the time. Following changes highlight the features of marriage system prevalent today.

A. Marriage is not Compulsory Now
In the ancient Hindu society, marriage for both male and female, except rare exceptions; was compulsory. And for performance of Dharma as well as the “successful preparation for one’s quest for ‘moksha’; the ultimate aim of human life, marriage became necessary. Procreation of a son was necessary to get oneself rid of paternal debt (Patrik Rina). For the performance of yajna presence of wife was essential, and this necessitated marriage to be essential for leading a complete life. Thus, marriage was necessary for the performance of religious rites.
In the present day society, marriage is not considered compulsory for every Hindu. Today, ‘many do not want to enter into matrimony owning to economic reasons. The girls and now no longer ready of bear insults and suppression from males. Many girls do not marry as they do not want to surrender their freedom. Subordination of females has been seen with the contemptuous look by the girls and hated as an act of slavery. Lack of suitable match, also, is a cause of remaining bachelor. Modern age males and females, thus, do not value the ancient religious necessity of compulsory marriage. They cherish individualism, independence and personal attainments.

B. Many Taboos of Marriage are Broken Now
Many taboos governed the Hindu marriage. The ancient Hindu tradition laid restriction on the marriage of two individuals belonging to same Gotra or Prawar. Here the mate selection was limited by the restriction. But now, this restriction is no longer accepted by the present day modern generation. Laws have been passed to remove this restriction. However, certain rules of marriage are still observed without any change.
Exogamy means that husband and wife may not be related to each other before marriage in ways that are prohibited, quite as incest is prohibited. The tabooed relationships are those of kin, position of kin grouping, and in some of the northern regions of locality two people in certain specific in position are forbidden to marry, as for example, a man and his mother’s sister. Prohibited also are the unions within kin groupings, such as between two who are patrilineal descended from the same real or mythical ancestors. In jatis which follow Sanskritic usage, the prohibited kin positions are collectively known as the Sapinda relations and are traced through both father and mother.

C. Child Marriages are Opposed and Declared Illegal
In early times child marriage was a common sight in the Hindu social organization. But now child marriage is opposed legally, socially and on economic considerations. Sarada Act legally put restriction on the marriage of the child. The Hindu Marriage Act specifies the marriageable age for a girl as eighteen years and that of a boy twenty one years. The Hindu Marriages Act 1955 provides for the age limit and also mentions consequences of under age, marriage.
Increase in women education and their struggle against suppression is one of the leading factors opposing child marriages. And again economic consideration like the inability to give dowry at an early stage and career mindedness of the modern youth is opposed to child marriage in the county.
Now child marriage is opposed by each and every section of the people even with low degree of awareness.

D. Inter-caste Marriage
Modern family accept marriages outside caste, whereas in ancient and medieval India inter-caste marriage were considered immoral and a sin against God. But now such marriages, particularly in urban sector is much more common. Inter-caste marriages have been legally permitted. The increasing effects of co-education, idea of equality and democratic rights and liberty, inter-caste marriages fetch a value of being broad-minded and forward in one’s social circles. Thus the practice of endogamy is fading away and inter-caste marriages are becoming more and more common.

E. Polygamy is Prohibited
In the ancient days men married several women to get a son and references of such marriages are often found in the lonely writings. Kings had so many queens in their ‘harem’, but now this practice is legally banned. Increasing in women education has contributed to the discard of polygamy. The Hindu Marriage Act 1955 prohibits the practice of polygamy. No Hindu can marry for second time when her/his first spouse is alive. Section 5(1) declares, “A marriage may be solemnized between any two Hindus, if neither party has a spouse living at the time of marriage”.
Such marriages have been declared void by the Section 11 of the Hindu Marriage Act, 1955. Economic compulsions are also helping in promoting these legal provisions.

F. Widow Remarriage is Permitted
A long battle for the emancipation of widows was fought. Early widows were subjected to the most inhuman cruelty that can be inflicted against a human being called as self-immolation or ‘Sati”. Woman was forced to sit in the burning pyre of her husband. Widows were not permitted to marry again. With the continuous efforts of social reformers and mass movement ‘Sati’ system has been declared illegal and widows have been empowered to marry according to the provisions of Widow Remarriage Act. Now the case of widow remarriages is on the increasing trend and it is no longer considered immoral or wrong to marry a widow.

G. Divorce is Legalized: 
Another very important aspect of marriage i.e. divorce has changed. Now divorce has been permitted by the Hindu Marriage Act 1955. Earlier, it was not possible to get rid of an insane, immoral and cruel husband as the social custom did not permit her to do so. According to Section 13 of the Hindu Marriage Act 1955, “Any marriage solemnized, whether before or after the commencement of the Act, May, on a petition presented by either the husband or the wife, be dissolved by a decree or divorce on the ground provided in the section.

Conclusion: 
Forgoing changes in the system of Hindu Marriages are positive indications of progress towards a better social organization and improved way of life. The legal steps such as the prohibition of child marriages, permission of widow remarriages, and other change including concessions in the matter of one’s male selection are the healthy signs. However much apprehension is attributed to the developments like pre-marriage ‘extramarital relations, raised age-limits for marriages are the signs of disorganization in the Hindu family life. The idea of sacrament behind the bond of marriages and soul-relationship has been reduced merely to the satisfaction of sexual urge. Marriage has become a contract. The spirituality that existed behind the marriage is now braking down. The impact of Western culture, rapid rate of modernization the effect of urbanization and industrialization have brought tremendous changes in the social values. The modern youth rejects, even the valuable values as mere restrictions and useless. This has cost it’s as pensions on the organized way of Hindu life. 

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