S.S.

JAIN SUBODH LAW COLLEGE

INTER CASTE AND ARRANGED MARRIAGES IN INDIA

Submission To: Submitted By:

MRS. ALPANA SHARMA GAURAV SHARMA

FACULTY OF FAMILY LAW Roll no: - 16

V Semester

S.S. Jain Subodh Law College

Page | 1
S.S.JAIN SUBODH LAW COLLEGE
 TABLE OF CONTENTS

1. Certificate.....iii
2. Acknowledgment.................................................................................................iv
3. Abstract...............................................................................................................v
4. Case list...............vi
5. Types of Marriages According To Hindu Marriage Act..7
6. Inter Caste Marriage..9
7. Arranged Marriages.12
8. Bibliography......................................................................................................16

CERTIFICATE

This is to certify that MR. GAURAV SHARMA, student of B.A.LL.B. of S.S.JAIN SUBODH
LAW COLLEGE, JAIPUR has completed his project on INTER CASTE AND ARRANGED
MARRIAGES IN INDIA under my guidance.

This project is an original, independent work to the best our knowledge and has not been
published anywhere and has been pursued solely for academic interest.

Page | 2
S.S.JAIN SUBODH LAW COLLEGE
 Signature:-

MRS. ALPANA SHARMA

ACKNOWLEDGEMENT

I take this opportunity to express our humble gratitude and personal regards to my
Principal and my subject teacher MRS. ALPANA SHARMA inspiring me and guiding me
during the course of this project work and also for his cooperation and guidance from time to
time during the course of this project work on the topic.

Jaipur

Page | 3
S.S.JAIN SUBODH LAW COLLEGE
 Signature:-

Student Name: - Gaurav Sharma

ABSTRACT

This project aims at introducing the concept of INTER CASTE AND ARRANGED MARRIAGES
IN INDIA and critically analyzing it. It deals with the application of this assessment in the
present times and the recent developments.

Page | 4
S.S.JAIN SUBODH LAW COLLEGE
 CASE LISTS
1. Dukku labudu bariki V. sobha hymavathi deviand ors.1
2. M. Aarthi(minor)rep. by Her V. the state of Tamilnadu.2
3. Mrs. Valsamma paul V. chchin university and others.3
4. Smt. Kastoori devi V. chiranji lal.4
5. The tahsildar V. arivudaisenthil.5

1 2nd may, 2003.

2 1st November, 2002, W.P. No. 23615 of 2002.

3 4th January,1996, AIR 1996 SC 1011.

4 19th October,1959.

5 1st February, 2010.

Page | 5
S.S.JAIN SUBODH LAW COLLEGE
 Types of Marriages According To Hindu Marriage Act

A. Ancient form of marriage:-

1. Approved marriage.
i.) Brahma
ii.) Prajapatya
iii.) Arsha
iv.) Daiva
2. Unapproved marriage.
i.) Gandharva
ii.) Asura
iii.) Raksasa
iv.) Paishacha

Page | 6
S.S.JAIN SUBODH LAW COLLEGE
B. Modern forms of marriages:-
1. Arranged marriage.
2. Love marriage.

(i.) Brahma: the Brahma marriage is the marriage of ones daughter, after decking her
costly garments with presents of jewels.

(ii.) Prajapatya: when a girls father gives her in a marriage to the bridegroom, treating
him with respect, and addressed them: may both of you perform together your duties.

(iii.) Arsha: when the father gives away his daughter, after receiving from the bridegroom
a cow and a bull or two pairs of either as bride price.

(iv.) Davia: the daiva rite is the marriage of ones daughter, decked with the ornaments to
a priest dully officiates at a religious ceremony, during the course of performance.
(v.) Gandharva: the voluntary union of a maiden and her lover which springs from
sexual desire is called Gandharva marriage.

(vi.) Asura: when the bridegroom receives a maiden, after having given of his own free
will as much wealth as he can afford, to the bride and her kinsmen.

(vii.) Rakshasa: Rakshasa marriage is the marriage of a maiden involving her forcible
abduction from her home after her kinsmen have been stain or wounded.

(viii.) Paishacha: when a man by stealth seduces a girl who is sleeping, intoxicated or
mentally challenged, it is called Paishacha marriage.

Page | 7
S.S.JAIN SUBODH LAW COLLEGE
 Inter Caste Marriage
Marriage is considered a sacred institution in our Indian subcontinent. It is an integral part of
our culture. India is a diverse country and thus has people from a number of religions and
cultures, residing here.

Inter-caste marriage is a marriage between people belonging to two different castes. Gone are the
days when people used to marry blindly wherever their parents decided them to. Now the youth
has its own saying and choice and they prefer getting married to someone who has a better
compatibility with them rather than marrying someone who belongs to their caste or their
religion. It is them who have to live with their partner for the entire life and thus caste or religion
is not a matter of utmost consideration at all now. Love is a beautiful emotion and it should not
be weighed with something like caste or religion. All religions are equal and marriage amongst it
should not be a big deal. Caste or religion is conferred on us by birth and not by choice, then why
are people of lower castes seen with shame and disdain? India is a diverse country and things
like this that happens here, is a thing of pity. Thus, the Special Marriage Act is a special
legislation that was enacted to provide for a special form of marriage, by registration where the
parties to the marriage are not required to renounce his/her religion.

Page | 8
S.S.JAIN SUBODH LAW COLLEGE
According to section 4 of special marriage act: Conditions relating to solemnization of special
marriage.-

Notwithstanding anything contained in any other law for the time being in force relating to the
solemnization of marriages, a marriage between any two persons may be solemnized under this
Act, if at the time of the marriage the following conditions are fulfilled namely:

(a) Neither party has a spouse living:

(b) Neither party-

(i) is incapable of giving a valid consent to it in consequence of unsoundness of mind, or

(ii) Though capable of giving a valid consent, has been suffering from mental disorder of such
a kind or to such an extent as to be unfit for marriage and the procreation of children; or

(iii) Has been subject to recurrent attacks of insanity or epilepsy;

(c) The male has completed the age of twenty-one years and the female the age of eighteen years;

(d) The parties are not within the degrees of prohibited relationship: Provided that where a
custom governing at least one of the parties permits of a marriage between them, such marriage
may be solemnized, notwithstanding that they are within the degrees of prohibited relationship:
and

(e) Where the marriage is solemnized in the State of Jammu and Kashmir, both parties are
citizens of India domiciled in the territories to which this Act extends.

Explanation- In this section, "customs, in relation to a person belonging to any tribe, community,
group or family, means any rule which the State Government may, by notification in the Official
Gazette, specify in this behalf as applicable to members of that tribe, community, group or
family:

Provided that no such notification shall be issued in relation to the members of any tribes,
community, group or family, unless the State Government is satisfied- (i) that such rule has been
continuously and uniformly observed for a long time among those members; (ii) that such rule is
certain and not unreasonable or opposed to public policy; and (iii) that such rule is applicable
only to a family, has not been discontinued by the family.

Page | 9
S.S.JAIN SUBODH LAW COLLEGE
Application of the Act:

This information is the most important one for every Indian to know as it is through this that they
can avail them. This Act covers marriages among Hindus, Muslims, Christians, Sikhs, Jains and
Buddhists. This act applies to every state of India, except the state of Jammu & Kashmir. This
Act extends not only to the Indian citizens belonging to different castes and religions but also to
the Indian nationals living abroad.

As Indians believe in marriages with proper rituals, customs and ceremonies involving pomp and
show & extravagant celebrations, the Special Marriage Act does not require any of them. The
basic requirement for a valid marriage under this Act is the consent of both the parties to the
marriage. If both the parties are ready to marry each other, that suffices it; here caste, religion,
race, etc. cannot and do not act as a hindrance to their union.

For marriage under this Act, the parties need to file a notice expressing their intention to marry
each other, with the Marriage Registrar of the district in which at least one of the parties to the
marriage has resided for at least 30 days preceding the date on which such notice is being filed.
The marriage is then said to be solemnized after the expiry of 30 days from the date on which
such notice has been published. But if any person related to the parties objects this marriage and
the Registrar finds it to be a reasonable cause of objection, then he can cancel the marriage on
such grounds. For a valid marriage, it is also required that the parties give their consent to the
marriage in front of the Marriage officer and three witnesses.

Page | 10
S.S.JAIN SUBODH LAW COLLEGE
 Arranged Marriages

Arranged marriages are considered the best way to get a boy and a girl to tie the marital knot.
Indian parents are the ones who take utmost interest in it, right from the girl or boy they want
their child to get married to, till the date and time of marriage. This is so because there prevails
this thinking that they are a lot wiser and experienced than their children, and will decide the best
for them. Indians consider marriage as an auspicious culmination of two souls, that they decide
every ritual of marriage according to the astrological positioning of the stars of the bride and the
groom.

Earlier, marriages were commenced where the bride and the groom were unaware of who they
were getting married to, as every decision was taken by their respective parents and meeting of
bride and the groom was not a practice that prevailed (though this was in the ancient times), now
times have changed and every decision relating to marriage is taken by the bride and groom
themselves.

Arranged marriages have been an integral part of the Indian society since ages. Basically a
marriage is termed as arranged when it is arranged by people other than those getting married. In
the process, it even curtails the phenomena of courtship. The other people involved in the
arrangement of the marriage can be parents, match making agents, matrimonial sites or a trusted
third party. In fact the task of match making is quite a number of times carried out by priests,
religious leaders, trusted relatives, family friends, etc.

Page | 11
S.S.JAIN SUBODH LAW COLLEGE
In older times, the bride and the groom were neither asked for their consent, nor were they
informed about the partner. However, with the evolution of time, the society has also undergone
a significant change. Nowadays, in arranged marriages both the girl and the boy are asked for
their consent. The process begins with practices like matching the horoscope of the couple for
checking the compatibility, the background of the families and their castes.

After all the above things are ensured, a suitable date for the commencement of the marriage is
decided. Before marriage, an engagement ceremony is commenced to ensure that the accord
between the two families is finalized. I the modern society, the boy and the girl are allowed to
hold restricted meetings and conversations before marriage. This makes it easy for both of them
to open up and also facilitates interaction and understanding.

The marriage ceremony is highly formal is case of an arranged marriage, with the groom's family
playing to the gallery. The marriage is conducted in strict accordance with the Vedic rites and
rituals. After marriage the bride is bid farewell amidst blessings for her prosperous marital life.
However like everything, arranged marriages have both pros and cons. On one hand, they have
better success rate as there are less expectations and ego related issues.

On the other hand, the biggest threat that arranged marriages face is that if either the boy or the
girl is not ready for the marriage, it can lead to serious trouble. This may even cause resentment
and emotional setback for both of them. Moreover, such a situation can even make a person get
avert to the idea of marriage itself. The main reason behind such a condition is pressure from the
family and parents. Thus, parents should keep in mind that in lieu of being over authoritative
they can ruin their children's life forever.

Arranged marriages have always been a debatable subject. It is in the major outlook on
relationships that Indians are vastly different, in the way they perceive the institution of
marriage, to those beliefs of other countries especially in the west.

Many people have a pretty major misunderstanding of the topic of arranged marriages and in fact
have a fairly negative attitude regarding arranged marriages. The best way to understand the
reasoning behind such cultures is to put aside your own beliefs, opinions, and preconceived ideas

Page | 12
S.S.JAIN SUBODH LAW COLLEGE
in order to see more clearly before dismissing it as wrong. While it may not be for all and love
marriages in India are not unheard of or a rare sighting by any meansarranged marriages arent
necessarily a bad thing either!

Feelings Vs Commitment

Many Indians look at marrying a person they dont know, gives one a lifetime to learn to love
them, as opposed to the American ideal of learning a person inside and out before entering into
marriage. It can be said that an arranged marriage in India is not based on feelings, but rather on
commitment.

An Indian woman described it as Here, we get married without having feelings for the person.
We base our marriage on commitment, not on feelings. As our marriage progresses, the feelings
develop. In America, you base your decision to marry on feelings, but what happens when the
feelings wane? You have nothing left to keep the marriage together if you get married according
to feelings and then the feelings go away.

In India, a relationship between two people is something that is presumed to be fostered and
created throughout a lifetime of marriage. Whereas in the west people do not take the idea of
marriage seriously until after they know a person for a number of years or feel like they know
everything about the person. One way of looking at this difference is that after marriage you tend
to accept your spouses differences and habits more easily than when you have a choice. A
relationship not bound by marriage is more easily broken for the smaller nuances in life. After
marriage you tend to accept what you have rather than look for someone better as people often
do while courting or dating.

Arranged Marriages are Not Forced Marriages

When people think of arranged marriages, they often picture a boy or girl forced into a
relationship in which they have absolutely no choice. However, in reality, this is simply not the
case, before the marriage becomes official the potential bride and groom have the opportunity to
meet each other and decide whether or not a relationship is something that they would wish to
pursue. Its not like the couple see each other on the wedding day for the first time or just once
before the wedding. Once approved they meet and get engaged. There is usually a period of

Page | 13
S.S.JAIN SUBODH LAW COLLEGE
months or even a year or more after the couple are engaged and before the wedding, where the
couple get to know each other, meet, talk and discuss the future. This time after the engagement
to the wedding day is sort of the dating period for the couple.

Marriages are a Family Affair

A daughter is said to marry into a family in India. Marriage is not perceived as a relationship
between two people but as a relationship between families and especially between the girl and
her husbands family. This is mainly due to the fact that many Indians live in joint families where
the wives enter into and live with the husbands family. So a family with several sons will have
their wives and children all living together in the same house.

Typically, the burden for the arrangement of the marriage is on the parents. It is the fathers
responsibility to choose and make the arrangements for a husband for his daughter. It might seem
like an easy matter for a father to arrange his daughters marriage, but religion and caste systems
make it a daunting task. A number of factors are considered, for instance, generally speaking,
marrying outside of ones own caste is frowned upon, so that limits the number of choices. Also,
since the majority of Indians are Hindu, and Hindus believe strongly in astrology, the
perspective couples horoscopes are be analyzed and suitably matched or the marriage cannot
take place. Additionally, the father will want to make sure that his daughter is marrying into a
good family, so a lot of investigation takes place before the arrangements are made. The entire
issue of arranging a marriage is one of the biggest responsibilities Indian parents face.

Page | 14
S.S.JAIN SUBODH LAW COLLEGE
 Bibliography

Books:

1. Family law, by Diwan P.

2. Bare act: special marriage act,1954.

Websites:

1. researchdirection.org UploadArticle
2. http://googleweblight.com/?lite_url=http://www.lawctopus.com/academike/inter-caste-inter-religious-
marriagessociallegalissues/&ei=Tq0y0D6Q&lc=enIN&s=1&m=400&host=www.google.co.in&ts=147179
1237&sig=AKOVD64373Mgl7OBTJUbo93uZwEfQdMUWQ
3. http://googleweblight.com/?lite_url=http://www.culturalindia.net/weddings/arranged-
marriage.html&ei=Q_BpiKXq&lc=enIN&s=1&m=400&host=www.google.co.in&ts=1471791283&sig=A
KOVD65K3mfv1_5ta7iv6X-d27SQNCa0SA
4. http://googleweblight.com/?lite_url=http://www.indiamarks.com/the-culture-arranged-marriages-
india/&ei=Q_BpiKXq&lc=enIN&s=1&m=400&host=www.google.co.in&ts=1471791283&sig=AKOVD6
4PCxXWpHT9e_H9hsEyCHH5iMXFzQ

Page | 15
S.S.JAIN SUBODH LAW COLLEGE