Saturday 19 January 2013

The logic of arranged marriage in India


Why does the institution of the arranged marriage survive in India in this day and age? The India I am talking about in this case includes the educated middle class, where the incidence of arranged marriages continues to be high and more importantly, is accepted without any difficulty as a legitimate way of finding a mate. Twenty years ago, looking at the future, one would have imagined that by now, the numbers of the arranged marriage types would have shrunk and the few remaining stragglers would be looked down upon as belonging to a somewhat primitive tribe. But this is far from being so. 




The answer lies partly in the elastic nature of this institution, and indeed most traditional Indian customs, that allows it to expand its definition to accommodate the needs of modernity. So today's arranged marriage places individual will at the heart of the process; young men and women are rarely forced to marry someone against their wishes. The role of the parents has moved to that of being presiding deities, with one hand raised in blessing and the other hand immersed purposefully in the wallet. 



The need for some arrangement when it comes to marriage is a very real one, both here as well as in those cultures where arranged marriages are anathema. The blind date, being set up by friends, online dating, the speed date, reality swayamvar-type shows are all attempts to arrange ways that one can meet a potential spouse. Here the idea of love is being not-so-gently manufactured by contriving a spark that could turn into the cozy fire of domesticity. 



The arranged marriage of today is more clearly manufactured but it also offers a more certain outcome. Online matrimonial sites are full of young professionals seeking matches on their own, knowing that what is on the table here is not a date but the promise of marriage. In the West, the curiously antiquated notion that it is the prerogative of the man to propose marriage makes for a situation where the promise of marriage is tantalizingly withheld by one of the concerned parties for an indefinite period of time. Indeed, going by Hollywood movies, it would appear that to mention marriage too early in a relationship is a sure way of scaring off the man. So we have a situation where marriage is a mirage that shimmers on the horizon frequently, but materializes rarely. The mating process becomes a serial hunt with the man doing the pursuing to begin a relationship and the woman taking over the role in trying to convert it into something more lasting. 



At a more fundamental level, the idea that romantic love is the most suitable basis for a long-term relationship is not as automatic as it might appear. Marriage is the only significant kinship tie that we enter into by choice. We don't choose our parents, our relatives or our children — these are cards that are dealt out to us. For a long time, in a lot of cultures, and even now in some, marriage too is a relationship we do not personally control. This view of marriage works best in contexts where the idea of the individual is not fully developed. People live in a sticky collective and individuality is blurred. A young Saraswat Brahmin boy, earning in four figures was sufficient as a description and one such person was broadly substitutable with another. 



As the role of the individual increases and as dimensions of individuality get fleshed out in ever newer ways, marriage must account for these changes. The idea of romance makes the coming together of individuals seem like a natural event. Mutual attraction melts individuals together into a union. In contexts where communities fragment and finding mates as a task devolves to individuals, romance becomes a natural agent of marriage. The trouble is that while the device works very well in bringing people together, it is not intrinsically equipped to handle these individuals over time. For, the greater emphasis on the individual has also meant that personal needs and personal growth come to occupy a privileged position in every individual's life. Falling in love becomes infinitely easier than staying in it as individuals are no longer defined primarily by the roles they play in marriage. 



So we have a situation where people fall in and out of love more often, making the idea of romance as a basis of marriage not as socially productive as it used to be. Romantic love seeks to extend the present while the arranged marriage aims at securing the future. It keeps the headiness of romance at bay, and recognizes that romance and the sustenance of a socially constructed long-term contract like marriage do not necessarily converge. Of course, the arranged marriage has its own assumptions about what variables make this contract work and these too offer no guarantees. 



In a world where our present has become a poor indicator of our future, the idea of arranging marriages continues to hold charm. Whether it is cloaked in tradition as it is in India or in modernity as it is elsewhere, the institution of marriage needs some help. The expanded Indian view of the arranged marriage functions as a facilitated marriage search designed for individuals. Perhaps that is why convented matches from status families will continue to look for decent marriages, caste no bar. 

Saturday 12 January 2013

The Hindu Marriage Act, 1955


The Hindu Marriage Act, 1955

Indian Law Relating to Marriage among Hindus



This Act of the Government of India, called the Hindu Marriage Act, 1955, "extends to the whole of India except the State of Jammu and Kashmir, and applies also to Hindus domiciled in the territories to which this Act extends who are outside the said territories." Below is an excerpt from the full text of the Act 25 of 1955 - 18th May, 1955.

Application of Hindu Marriage Act

(1) This Act applies,-
(a) to any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj;
(b) to any person who is a Buddhist, Jaina or Sikh by religion, and
(c) to any other person domiciled in the territories to which this Act extends who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed.
Explanation.- The following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the case may be,-
(a) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas or Sikhs by religion;
(b) any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist Jaina or Sikh by religion and who is brought up as a member of tribe, community, group or family to which such parents belongs or belonged; and
(c) any person who is a convert or re-convert to the Hindus, Buddhist, Jaina or Sikh religion.
(2) Notwithstanding anything contained in sub-section (1), nothing contained in this Act shall apply to the members of any Scheduled Tribe within the meaning of clause (25) of Article 366 of the Constitution unless the Central Government, by notification in the Official Gazette, otherwise directs.
(3) The expression "Hindus" in any portion of this Act shall be construed as if it included a person who, though not a Hindu by religion is, nevertheless, a person whom this Act applies by virtue of the provisions contained in this section.

Condition for a Hindu Marriage

A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:
(i) neither party has a spouse living at the time of the marriage;
(ii) at the time of the marriage, neither party,-
(a) is incapable of giving a valid consent of it in consequence of unsoundness of mind; or
(b) 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
(c) has been subject to recurrent attacks of insanity or epilepsy;
(iii) the bridegroom has completed the age of twenty one years and the bride the age of eighteen years at the time of the marriage;
(iv) the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;
(v) the parties are not 'sapindas' of each other, unless the custom or usage governing each of them permits of a marriage between the two;

Ceremonies for a Hindu Marriage

(1) A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto.
(2) Where such rites and ceremonies include the 'saptapadi' (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken.

Registration of Hindu Marriages

(1) For the purpose of facilitating the proof of Hindu marriages, the State Government may make rules providing that the parties to any such marriage may have the particulars relating to their marriage entered in such manner and subject to such condition as may be prescribed in a Hindu Marriage Register kept for the purpose.

The Saptapadi



The Saptapadi (Sanskrit for seven steps/feet), is perhaps the most important component of Vedic Hindu weddings. The couple conduct seven circuits of the Holy Fire (Agni), which is considered a witness to the vows they make each other. In some regions, sashes worn by the bride and groom are tied together for this ceremony. Elsewhere, the groom holds the bride's right hand in his own right hand. Each circuit of the consecrated fire is led by either the bride or the groom, varying by community and region. Usually, the bride leads the groom in the first circuit. In North India, the first six circuits are led by the bride, and the final one by the groom. In Central India, the bride leads the first three or four circuits. With each circuit, the couple makes a specific vow to establish some aspect of a happy relationship and household for each other.
In South Indian weddings, after each saying a mantra at each of the seven steps, the couple say these words together:
"Now let us make a vow together. We shall share love, share the same food, share our strengths, share the same tastes. We shall be of one mind, we shall observe the vows together. I shall be the Samaveda, you the Rigveda, I shall be the Upper World, you the Earth; I shall be the Sukhilam, you the Holder – together we shall live and beget children, and other riches; come thou, O beautiful girl!"
In North Indian weddings, the bride and the groom say the following words after completing the seven steps:
"We have taken the Seven Steps. You have become mine forever. Yes, we have become partners. I have become yours. Hereafter, I cannot live without you. Do not live without me. Let us share the joys. We are word and meaning, united. You are thought and I am sound. May the night be honey-sweet for us. May the morning be honey-sweet for us. May the earth be honey-sweet for us. May the heavens be honey-sweet for us. May the plants be honey-sweet for us. May the sun be all honey for us. May the cows yield us honey-sweet milk. As the heavens are stable, as the earth is stable, as the mountains are stable, as the whole universe is stable, so may our union be permanently settled

Hindu wedding

HINDU WEDDING


A Hindu wedding is thought to be the bringing together of two people who are said to be compatible. Hindu wedding ceremonies are traditionally conducted at least partially in Sanskrit, the language of most holy Hindu ceremonies. The local language of the people involved is also used since most Hindus do not understand Sanskrit. Hindus have many rituals that have evolved since traditional times and differ in many ways from the modern western wedding ceremony and also among the different regions, families, and castes. The Hindus attach a lot of importance to marriages, and the ceremonies are very colourful and extend for several days. Also, outside the particapants home is decorated with balloons and other decorations.

In India, where most Hindus live, the laws relating to marriage differ by religion. According to the Hindu Marriage Act of 1955, passed by the Parliament of India, for all legal purposes, all Hindus of any caste, creed or sect, Sikh, Buddhists and Jains are deemed Hindus and can intermarry. By the Special Marriage Act, 1954, a Hindu can marry a person who is not Hindu, employing any ceremony, provided specified legal conditions are fulfilled.
The pre-wedding ceremonies include engagement (involving vagdana or oral agreement and lagna-patra written declaration), and arrival of the groom's party at the bride's residence, often in the form of a formal procession. The post-wedding ceremonies involve welcoming the bride to her new home.
Despite modern Hinduism being largely based on the puja form of the worship of devas as enshrined in the Puranas, a Hindu wedding ceremony at its core is essentially a Vedic yajna (a fire-sacrifice), in which the Aryan deities are invoked in the Indo-Aryan style. It has a deep origin in the ancient ceremony of cementing the bonds of friendship/alliance (even among people of the same sex or people of different species in mythological contexts), although today, it only survives in the context of weddings. The primary witness of a Hindu marriage is the fire-deity (or the Sacred Fire) Agni. By law and tradition no Hindu marriage is deemed complete unless in the presence of the Sacred Fire seven encirclements have been made around it by the bride and the groom together. (In many South Indian Hindu marriages these are not required.)