
In the pre-Vedic and Vedic periods, there were different forms of Hindu marriage. Some of these forms were widely accepted, while others were prohibited. However, after the codification of Hindu Law and the enactment of the Hindu Marriage Act, 1955, monogamy is the only form of marriage accepted and widely practiced by people belonging to the Hindu religion in India. This Act provides conditions for a valid Hindu marriage, and monogamy is one of the most important essential conditions. The present article will explain the different forms of Hindu marriage and the change in the situation after the enactment of the Act. It also explores the nature of Hindu marriage and outlines the differences between bigamy, monogamy, and polygamy.
Nature of Hindu marriage
Marriage is one of the oldest institutions in society. It occupies an important place in the social life of a person. In a marriage, the daughter is entrusted by her father to a noble and sound groom, who becomes her husband. The institution of marriage is not new to society, but it found its existence in the Vedic period as well. Through this institution, males and females are united in wedlock, the purpose for which, in Hindu religion, is Dharma and to carry forward the family. This means that a Hindu marriage is considered important for the fulfilment of certain duties.
Every man in the Hindu religion is under an obligation to discharge three debts according to Dharma, i.e., debt to father, debt to God, and debt to sages. For example, the eldest son is supposed to perform the last rites of his parents and ancestors for their salvation. Certain religious ceremonies in the Hindu religion are supposed to be performed by a man along with his companion, i.e., his wife. Thus, marriage in Hinduism is considered a religious sacrament. It can be said that marriage is intended to achieve the higher ends of life, namely, Dharma, artha, kama, and moksha.
Prior to the enactment of the Hindu Marriage Act, 1955, marriage was considered to create an inseparable bond between husband and wife that could not be broken. Manu, regarded as the ancestor of the human race in Hindu tradition and the author of the Manusmriti, opined that when a daughter is married, she remains the wife of her husband for her entire life, with neither remarriage nor divorce being possible. After the death of her husband, a woman was expected to lead a life of simplicity with minimal facilities. Thus, the bond between husband and wife was considered inseparable and unbreakable. Divorce and remarriage were not practised.
However, it is worth noting that within this inseparable bond, the situation for a man was different. He could have more than one wife and, unlike women, did not have any obligation to remain unmarried after his wife’s death. This led to disparity and issues that made it necessary to codify Hindu law. Apart from this, a man had the responsibility of maintaining the family due to the patriarchal nature of society and traditional gender roles. This was another issue that the legislation tried to address.
Since the enactment of the Hindu Marriage Act, 1955, there has been a significant change in marital practices and customs. Unlike in the past, divorce and remarriage are now allowed, and the Act provides provisions for the same. In present times, a husband is required to maintain his wife and provide her with maintenance even if they are living separately. In fact, under Section 24 of the Act, a husband can apply for interim maintenance if he does not have any independent income of his own. Apart from this, the Act allows inter-caste marriages, as there are no restrictions or limitations regarding the caste of either the male or female, while the Special Marriage Act, 1954 provides for inter-religion marriages. However, it must be noted that the core principles and purpose of Hindu marriage remain unaffected even after the enactment of the statute. It is still considered a religious sacrament, with the obligation to perform religious rites and ceremonies.
The Hindu marriage is the most important of all the samskaras, the rites of passage described in the Dharma shastra texts.
Variously defined, it is generally described to be a social institution for the establishment and regulation of a proper relationship between the sexes, as stated by Manu. Marriage is regarded to be a sacrament by Hindus, rather than a form of social contract, since they believe that all men and women are created to be parents, and practice dharma together, as ordained by the Vedas.
Aspects:
Conception
The ideal conception of marriage that was laid down by the ancient Indians is one in which it is a ceremonial gift of a bride (Vadhū) by her father, or another appropriate family member, to a bride-groom (Vara), so that they may fulfil the purposes of human existence together. In such a conception, vivaha, which originally meant the wedding ceremony, but has to acquire the definition of marriage as a whole, is meant for procreation, and the establishment of a family (kutumba). After one’s wedding, one is believed to have entered the second stage of life, the grihastha ashrama, performing the duties of a householder.
Goals
In Hinduism, the four goals of life (Purusarthas) are regarded to be righteousness (dharma), wealth (artha), pleasure (kama), and liberation (moksha). Marriage is generally not considered necessary to fulfil these goals because following righteousness (dharma) applies to a person since birth and wealth (artha) and liberation (moksha) are again one’s personal goal as dharma and need not to be aligned with marriage as they can be practiced with or without it. The three goals of marriage include allowing a husband and a wife to fulfil their dharma, bearing progeny (praja), and experiencing pleasure (rati). Sexual intercourse between a husband and wife is regarded to be important in order to produce children, but is the least desirable purpose of marriage in traditional Hindu schools of thought.
Age
The Naradasmirti states a daughter should be given away for once and all, as soon as her menses appear.[4] The Manusmriti states that following menarche, a maiden may wait for three years, after which she may marry. Girls are usually considered to have achieved puberty when they are 12 years old, and are allowed to choose their own husbands if a suitable groom is not procured for them.
Gotra
While Hindu texts prescribe marrying within one’s own community, they prohibit individuals from marrying those who belong to their own gotra, or lineage from the same Vedic sage:
One should not choose (the bride) from the same gotra or born in the line of same sage. (One may choose) from (descendants of) more than seven (generations) on the paternal side and more than five (generations) on the maternal side.— Agni Purana, Chapter 154
Horoscope
The use of jatakam or janmakundali (natal and astrological chart at the time of birth) of one’s son or daughter to arrange a marriage with the help of a priest is common, but not universal. Parents also take advice from Brahmin astrologers called ‘Jothidar’ in Tamil, ‘Panthulu or Siddanthi’ in Telugu, and Kundali Milan in Hindi, who holds astrological data of those individuals looking to get married. Some communities, like the Brahmins in Mithila, use genealogical records (“Panjikas”) maintained by the specialists.
A jatakam or kundali chart is drawn based on the placement of the stars and planets at the time of one’s birth. Those individuals who subscribe to Hindu astrology believe that the position of these celestial objects at the time of their birth, and their benefic or malefic influence, influence the auspicious compatibility between a bride and groom. For instance, the planet Venus is believed to be a benefic planet, and influential in terms of marriage.The maximum points for any match can be 36, and the minimum points for matching is 18. Any match with points under 18 is not considered as an auspicious match for a harmonious relationship, but they may still marry if they so choose. If the astrological chart of the two individuals (male and female) achieve the required threshold in points, then further talks are considered for a prospective marriage. The man and woman are given a chance to talk, and understand each other. If both parties consent, an auspicious time is chosen for the wedding to take place.
Types of Hindu Marriages
The color, the festivity, the rituals, and the food, make marriage ceremonies in India extra special. As we all know People come from all over the world to witness Indian weddings. They simply enjoy our culture, rituals. What makes Indian marriage ceremonies so special is the diversity. The rituals followed in the northern part of India are not the same as in the southern part of India, the east has different kinds of weddings and so does the west. There are different types of marriages in India. Let us understand the different types of marriages practiced in India.
Hinduism mainly includes 16 sacred sanskaras in the entire journey of any human being. Marriage is considered to be the most sacred sanskar among all, because as per our scriptures a human can pursue dharma(responsibility/duties), Arth ( money) and Kama (sex), and ultimately Mokasha through this marital journey.
Hindu marriage harmonizes two individuals (mostly male and female) for ultimate eternity. It also joins two families together. Ancient India was practicing many types of marriages.
The eight types of traditional marriages recognized in Hindu law books are listed below.
- Brahma marriage. …
- Daiva marriage. …
- Arsha marriage. …
- Prajapatya marriage. …
- Gandharva marriage. …
- Asura marriage. …
- Rakshasa marriage. …
- Paishacha marriage.
1. Brahma Marriage:-
A Brahma marriage is where a boy can get married once he has completed his studenthood or Brahmacharya. When the parents of the boy seek a female, they would consider her family background, but the girl’s father would make sure that the boy that wishes to wed his daughter knew Vedas. Asking or expecting dowry from the bridal side is considered to be a sin, in this type of marriage. So Brahma marriage has the most supreme position of the eight types of Hindu matrimony.
2. Daiva Marriage:-
This type of marriage is considered inferior among all types of marriages because it is degrading to womanhood. This is where the woman’s family will wait for a specific time to get her wed. If she doesn’t get a suitable groom, then she would be married off to places where the family chooses by matchmaking through the priest who duly officiates at a religious ceremony, during its performance. This used to be the practice followed by many Royals in ancient times to forge diplomatic ties with allies and enemies alike.
3. Arsha Marriage:-
An Arsha marriage is where the girl is given in marriage to a sage. The bride used to be given in exchange for some cows. Muni Agastya and Lopamudra got married through Arsha Marriage.
4. Prajapatya Marriage:-
Prajapatya is when a girl’s father gives her in marriage to the groom, treating him with respect, and addresses them: ‘May both of you perform together with your duties’. Unlike in Brahma marriage, Prajapatya matrimony is where the bride’s father goes in search of a groom.
5. Gandharva Marriage: –
The voluntary union of a maiden and her lover on their own is called Gandharva marriage. When it comes to ‘love’ marriage, it is Gandharva marriage that is the most similar. This is where a groom and his bride could wed without their parent’s knowledge or sanction. This is how Dushyant married Shakuntala Note that this is not the same as dating. Here the bride and the groom exchange vows in the presence of some person, creature, tree, plant, or deity before any further action.
6. Asura marriage:-
This is matrimony where the groom may not often be compatible with the bride and may even possess some abnormality but either greed or compulsion on the part of the bride’s father coupled with the groom’s desire and wealth may render it. At all times this type of marriage was considered lowly. In modern times this is unacceptable because it is much like buying a product off the shelf and against common Indian law.
7. Rakshasa marriage –
The groom will force battles with the bride’s family, overcome them and carry the bride away to convince her to marry him. Because of its use of force this marriage is considered to be a sin. In modern times also it is a crime. Hence it is known as Rakshas vivah or Rakshas marriage.
8. Paishacha Marriage;-
When a man by stealth seduces a girl who is sleeping, intoxicated, or mentally challenged, it is called Paishacha marriage. This is condemned in the manusmriti as a sinful act. It is considered the most inferior marriage type.
Marriage is an important social institution. Marriages in India are between two families, rather than two individuals It results in a more or less permanent relationship between a man and a woman. Its aim is not merely physical pleasure but spiritual advancement. It is not merely an individual function but has social importance. Its ideals are the fulfillment of Dharma, procreation and It exhibits an integral approach to this social institution.
Aims of the Hindu Marriage
1. Fulfilment of Dharma or religious duties:
According to the Hindu scriptures, marriage is the basis of all religious activities. According to Mahabharata, “wife is the very source of the Purusharthas, not Only of Dharma, Artha, Kama but even of Moksha.
- Procreation:
In the Hindu family, the child is given a very important place. According to Rigveda, the husband accepts the palm of the wife to get a high breed progeny. According to Manu, the chief aim of marriage is procreation.
A lot of these types of marriages are still seen in Hinduism communities today. However, some have been prohibited or are heavily frowned upon. This article has taken a look into the eight different types of Hindu matrimony, but, the most acceptable for Hindu culture would be Brahma.
As society has advanced the Hindu marriage has gone through various changes. Even values attached to it have changed tremendously. Westernization has changed our concepts about marriage. As we all know these days Girls and Boys are highly qualified, Financially Independent and they have their own sets of thinking and priorities which are very difficult to mold. Individuals now are selecting their mates according to their requirements. Elders are playing a passive role in matrimonial search and their opinion or decisions are secondary. But looking at the matrimonial search challenges, many are not getting into matrimonial alliances.
Dear Bride and Grooms, Marriage is the main foundation of Indian Culture. And to maintain a healthy marriage, the relationship between husband and wife, and the relationship between their two families should be strong enough to support each other in their good and bad times. Probably that is the reason why still Brahma Marriage is practiced more in India.
Marriage under Hindu Marriage Act, 1955
The institution of marriage has been preserved even in the 21st century. Marriage under the Hindu religion is now governed by the Hindu Marriage Act, 1955, in addition to religious ceremonies. It is an exhaustive piece of legislation and provides the conditions or essentials for a valid Hindu marriage. It is applicable to all Hindus, including Jains, Sikhs, and Buddhists, irrespective of their caste, colour, age, or sex. As mentioned above, even though the sanctity of Hindu marriage has not changed after the enactment of the statute, some new practices like divorce and remarriage have been introduced.
The Act provides essential conditions for a valid marriage under Section 5 and provisions for the registration of marriage. It also offers alternative remedies for divorce, such as judicial separation, and states the grounds on which either spouse can seek divorce or judicial separation. Separate grounds have been provided for wives to seek divorce, along with provisions for maintenance. The Act prohibits bigamy and child marriage. Even though significant changes have been introduced under the Act, the importance and religious significance of marriage remain central. Courts try to preserve the sacramental nature of marriage by giving parties several chances to restore their marriage and relationships.
As mentioned above, Section 5 specifies the conditions for a Hindu marriage. As per this provision, a marriage between two Hindus is said to have taken place if the following conditions are met:
- The couple should not be married to someone else at the time of their marriage;
- They must be mentally sound and capable of giving a valid consent;
- They should not be suffering from a mental disorder that may make them unfit for marriage or for having children. Additionally, they should not be subject to recurrent insanity attacks;
- The groom must be at least 21 years old, and the bride must be at least 18 years old;
- The couple must not be related to each other within the degrees of prohibited relationship unless their community customs allow such a marriage;
- They should not be sapindas of each other unless their community customs permit the same.
Section 7 further stipulates the ceremonies that are essentially performed in order to solemnise a valid Hindu marriage. This section states a Hindu marriage can be conducted according to the traditional customs and rituals of either the bride’s or the groom’s family. Such a ceremony, however, must include saptapadi, where the bride and groom take seven steps together in front of the sacred fire for it to be considered complete and binding. The marriage is deemed complete as soon as the couple takes the seventh step.
Changes brought by the Act
The Act has successfully codified the law related to Hindu marriage, leading to uniformity. It has been given an overriding effect, which has resulted in the abrogation of harmful practices and customs. The following changes have been brought under the Act:
- The Act clearly defines its applicability under Section 2. It provides that marriages among Hindus, Jains, Sikhs, and Buddhists are valid marriages.
- It establishes monogamy as the only kind of marriage accepted under the law, which is one of the essential conditions of a valid Hindu marriage under Section 5(1) of the Act.
- Bigamy has not only been prohibited under the Act but made a punishable offence, with punishments outlined in Section 494 of the Indian Penal Code, 1860 and Section 81 of the Bharatiya Nyaya Sanhita, 2023.
- The Act recognises inter-caste marriages as valid.
- It provides a clear definition of the terms ‘sapinda’ and ‘prohibited degrees’ in order to determine when a marriage can be held invalid on these grounds.
- The Act defines the minimum age of marriage for brides and bridegrooms as one of the essential conditions for a valid marriage in order to prevent child marriages.
- It recognises the importance of saptapadi, i.e., the seven steps rounds taken around the fire, in a valid Hindu marriage.
- Several matrimonial reliefs, such as restitution of conjugal rights, judicial separation, divorce, etc, have been introduced under the Act.
Conjugal forms
While most Hindus of the Indian subcontinent predominantly practice monogamy today, polygamous marriages have also characterized Hindu society for millennia.
Polygyny
Polygyny refers to a form of marriage where a man is married to more than one woman during the same period of time. While polygyny was not the norm of mainstream Hindu society, having more than one wife was a social custom that was believed to increase the prestige of a man. Members of royalty and aristocracy were often polygynous, and they were among the few who could afford to support more than one wife in their households. Polygyny was sanctioned by the Manusmriti among members of the dvija (twice-born) varnas: Brahmins were allowed to have up to four wives, Kshatriyas could have three wives, and the Vaishyas could have two wives; the Shudras, however, were permitted to have only one wife. The Apastamba Dharmasutra allows a man to take a new wife after ten years if his present wife was judged to be barren, and could marry after thirteen or fourteen years if his wife only produced daughters, and he desired a son. The Vasishtha Dharmsutra states a husband may take another wife if his wife engages in extramarital sex. Until the passage of the Hindu Marriage Act of 1955, every Hindu in India was theoretically allowed to have multiple wives.
Polyandry
Polyandry refers to a marriage where a woman is married to more than one man during the same period of time. This form of marriage was exceedingly rare among Hindu society in Indian history, and the Mahabharata’s polyandrous marriage of Draupadi to the five Pandava brothers is the most cited example of this custom. The Mahabharata, however, does state that it is a great adharma for a woman to have multiple husbands. The Aitareya Brahmana prohibits a woman from having two husbands. The practice of polyandry has historically existed among the Nair community of Kerala, called Sambandam, though its practice is very rare in the modern period. The Todas of the Nilgiris, the Khasa of Dehradun, and a few communities of northern India are also cited to have been polyandrous. Polyandry is viewed with contempt in India today, a practice little removed from promiscuity on the part of a woman.
Monogamy
Monogamy refers to a marriage where a man is married to only one woman during a given period of time. Ever since the Vedic period, monogamy has been the dominant form of conjugal relationship and form of marriage in India. Monogamy is counselled to men by Vatsyayana, a philosopher and an authority of the Kama Sutra, with the belief that a man is only capable of physically, psychologically, and spiritually pleasing one woman at a time. Hindu texts that permit bigamy and polygyny recommend the monogamous marriage as the most appropriate form of the concept. It is exemplified in Hindu texts such as Ramayana, where Rama is believed to have taken the ekapatnivrata, literally meaning the, ‘vow of one wife’, the act of fidelity to one wife, Sita, and forbidding himself from engaging in sexual relations with other women.
Difference between bigamy, monogamy and polygamy
Basis of comparison | Monogamy | Bigamy | Polygamy |
Meaning | It implies marrying only one person. | It means marrying another person during the lifetime of your spouse while your first marriage is still subsisting. | It means marrying more than one person while your previous marriages are still subsisting. |
Recognition and practice | It is recognized and widely practiced in Hindu law in India. | It is neither practiced nor recognized in India. | It is recognized in Islam. |
Cultural acceptance | It is widely accepted and promoted in society. | Not accepted. | Accepted in Islam. |
Legal status | This kind of marriage is legally valid. Monogamy is also recognized as an important condition of a valid marriage under the Hindu Marriage Act, 1955. | It is made a punishable offence in India under Section 494 and 495 of the Indian Penal Code, 1860. | Considered valid in Islam. |
Whether punishable or not | Since it is legally valid, it is not punishable. | Punishment is prescribed under Section 494 and Section 495 of the Indian Penal Code, 1860 | Not made punishable but not promoted much in society. |
History
For most of Indian history, women were seen as subservient to the will of her father, and it was thought that unmarried women could not be kept at home – this belief is still held by some. It was – and in some places, still is – thought that one’s daughter is only temporary, and that she is meant to be her husband’s. The main duty of a girl’s parents was, and is, regarded to arrange her marriage. After marriage, a woman is seen as a guest when visiting her natal home, and no longer a member of that family. In Hinduism, the main duty of a woman is serving her husband and family, and several Hindu festivals reflect this, by reinforcing the tradition of a woman fasting, or performing other rituals, to pray for her husband’s long life. Dowry, the practice of the bride’s family gifting property or money to her husband, is still prevalent despite the enactment of the Dowry Prohibition Act of 1961. Historically, if the amount of dowry was seen as insufficient, the groom’s family would take it as an insult, and harass the new bride to ask her family for more dowry.
Contemporary period
Many people believe that arranged marriage is the traditional form of marriage in India; however, the concept of love marriage has gained popularity as well, especially in urban areas. Love marriage differs from arranged marriage in that the couple, rather than the parents, choose their own partner, and that the consent of their parents is not asked for before marrying. The concept of a love marriage is not a novelty in India, as it is regarded to be the equivalent of the gandharva marriage, which is still perceived as not righteous today. Hindu literature does indicate that love marriages were recognized and accepted in ancient times, for example, the legend of Dushyanta and Shakuntala in the Mahabharata. Somewhere in the course of time, arranged marriages became predominant, and love marriages became unacceptable or at least frowned upon.
Despite the rise in the count of Hindus marrying for love, arranged marriages still remain the norm: In a 2012 survey conducted by Ipsos for the TV channel NDTV, 74% of the respondents said that they preferred an arranged marriage. While the vast majority of Hindus continue to have arranged marriages, the prospective spouses usually have more agency in the match today than they did historically.
In a 2014 survey conducted by the United Nations Population Fund and International Center for Research on Women, 11.7% of men and 8.5% of women in India surveyed claimed that they chose their partners, and married with, or without, the consent of their families. The boundaries between the two types of marriage are believed to have started to blur. The term love-arranged marriage is used to describe a new emerging form of marriage, which contains elements of both an arranged marriage and a love marriage. Love marriages are sometimes seen as imposition of the younger generation’s will over the older generation’s wishes.
Shuddhikaran
In India, when a Hindu and a non-Hindu marry under the Hindu Marriage Act and for the Hindu marriage to be valid, both partners must be Hindu amongst other conditions that also need to be fulfilled, and the non-Hindu partner must convert to Hinduism. A specific kind of ancient ritual is performed before the Hindu marriage called Shuddhikaran which is also practiced by members of the Arya Samaj community who started the socio-political Shuddhi Movement that was derived from this ancient rite. The non-Hindu partner is converted to Hinduism through this purification rite before marrying, or else the marriage is regarded to be void, or not legally binding. The Hindu wedding ceremony that follows includes the vows and the saptapadi, the ritual of circling the sacred fire seven times; the completion of the seventh round binds the marriage. This is accepted as a complete, valid marriage in all states of India, and needs no registration with the exception of Goa, that is governed by a single code called Goa civil code, where the registration of marriage is made compulsory as it is accepted as the only proof of marriage.
Same-sex marriage
According to the Pew Research Centre, though some modern Hindus condemn same-sex marriage, others cite ancient Hindu texts, such as the Kama Sutra, that seem to condone homosexual behavior.
In some Buddhist-Hindu cultures, marriage was considered to be a secular issue not sanctioned by religion. There is widespread evidence of same-sex cohabitation in the Kandyan kingdom (15th century to 19th century) due to tolerance of “eating together” (i.e. living together in the same house and sharing the same means), though it is argued that this is not of a homosexual nature but rather of a fraternal nature. The Sinhalese generally did not take marriage seriously, and cohabitation was widespread with marriage being considered a by-product of successful cohabitation, which is in-line with Buddhist views of the secular concept of marriage. Unmarried cohabitation in Sri Lanka became a punishable offence from the Dutch colonial period in 1580. Andi Fein argued that prohibitions against homosexual marriage in Chinese Buddhism stem from Confucianism, and that studies of Buddhism and Hinduism in India and Sri Lanka show no such prohibitions existed there.
There have been reports of Hindu gurus performing same-sex marriages in India since at least the 1980s.
Conclusion
Marriage is a sacred institution. The core principles and purpose of marriage have always been upheld and preserved, even by the courts of our country. In Hindu religion, it is regarded as a religious obligation. Due to numerous customs and practices, a need for a uniform system was felt. Hence, Hindu law was codified. The Hindu Marriage Act, 1955 helped in bringing uniformity regarding marriage and its essential conditions. Marriage is still seen as sacred and pious. There are different types of marriages, such as monogamy, bigamy, and polygamy, but under Hindu law, only monogamy is considered legally valid. The society also promotes monogamy as it provides a sense of security between husband and wife.
In the present time, only the Brahma and Asura forms of marriage are prevalent in society. The other forms have become almost obsolete. However, both forms of marriage have evolved over time, but the essence of marriage remains the same. Unfortunately, there have been many instances of fraud, domestic violence, and cheating in marriage. Such instances create significant obstructions and instil fear in people’s minds regarding the sanctity of marriage. There is a need to regulate such cases of false marriages, fraud and scams, domestic violence, and cheating. Awareness must be created regarding the purpose and religious obligations of marriage. Legislatures must come up with solutions to curb these instances and matrimonial crimes.