The SC decision on Hindu marriage is praiseworthy

Lalit Garg

(The writer can be reached at lalitgarg11@gmail.com)

By delivering a major decision on Hindu marriage, the Supreme Court has not only confirmed the rites, rituals, and traditional customs of Hindu marriage but has also accepted them as necessary from a legal point of view. Today, when the sanctity, social acceptance, and efficacy of Hindu marriage are getting undervalued due to so-called modern life under the influence of western culture, there is a dire need to reinforce them. Those who consider marriage ceremonies just a form of registration need to be wary. They have to understand the underlying meaning of taking seven rounds around the altar; without these seven rounds, Hindu customs and wedding ceremonies will not be valid in the eyes of the law. The latest decision of the Supreme Court on Hindu marriage is welcome, and its long-term consequences will be pleasant for society. This decision will reinforce Hindu culture and traditions. The institution of family will be strengthened.

While rendering this decision related to Hindu marriage, the Supreme Court said that marriage is not an occasion just for’singing and dancing’, ‘drinking and eating’, or for demanding dowry and gifts by exerting undue pressure. Hindu marriage is not a commercial transaction. It is a serious basic cultural and family event that is celebrated to create a relationship between a man and a woman who attain the status of husband and wife for a good family in the future. It is a basic unit of the Indian Hindu social system, which has a strong cultural and religious dimension. In fact, the Supreme Court has made it clear that Hindu marriage cannot be recognized without taking seven rounds around the altar; that is, the rules and provisions made in the Hindu Marriage Act will have to be strictly followed for solemnising the marriage. In this way, the Court, in its decision, has clarified the legal requirements of solemnising a Hindu marriage under the Hindu Marriage Act 1955. According to the Act, a Hindu marriage shall be solemnised according to the traditional rites, rituals, and ceremonies of either party. The ceremonies include Saptapadi (the taking of seven steps jointly around the sacred fire by the bride and groom both); the marriage becomes complete and binding when they take the seventh step together. Overall, Hindu marriage is an institution and a ritual, and the marriage is not a commercial transaction.

The Supreme Court has stressed that proper rites like Saptapadi (seven rounds around the sacred fire) and associated rituals and ceremonies are necessary for the validity of a Hindu marriage. In cases of later disputes between husband and wife, it is necessary to present proof of the solemnising of the marriage ceremony. This effort by the Supreme Court to explain the value of the seven rounds and the ceremonies related to them will not only strengthen the institution of Hindu marriage but will also reinforce the values that are getting blurred in the storm of modernity. There is no doubt that the basic importance of marriage ceremonies has reduced in modern times as compared to earlier times; now marriage has become just a show, a compulsion, or a compromise for many. Justice B. Nagarathna, in her relevant and useful judgement, has rightly said that Hindu marriage is a sacrament that should be given the status of an institution of great value in Indian society. A marriage without traditional rites or rituals like seven rounds around the sacred fire will not be considered a Hindu marriage as per Section 7 of the Hindu Marriage Act. For this reason, the Court has urged young men and women to think deeply about the institution of marriage before entering into it and to consider how sacred that institution is in Indian society.

The question is, why did the Supreme Court need to stress Hindu marriage and strengthen Hindu values? In fact, many cases have been coming to the court’s doorstep regarding the rituals and traditional customs related to Hindu marriage, and every time the court has been presenting its view on the matters related to the institution of marriage with alertness, foresight, and prudence, the Lucknow bench of the Allahabad High Court recently held that, as per the Hindu Marriage Act, the ceremony of Kanyadaan is not necessary to solemnize a Hindu marriage. The importance of Saptapadi was also shown in that decision. In the decision of a family court of Madhya Pradesh, it was explained to the woman’s side that applying vermilion is a religious duty of a married Hindu woman. A similar attempt at persuasion is reflected in the latest decision of the Supreme Court. Overall, the message of the court is that the basic meaning of marriage should be understood, while avoiding unnecessary pomp and show. There is now a need for more clarity regarding Hindu marriage and especially to emphasize Hindu rituals and culture; because the family institution continues to exist in India, the reason for this is Hindu values and traditions. In this way, the Court, in its decision, has clarified the legal requirements and sanctity of Hindu marriage under the Hindu Marriage Act 1955.

Hindu marriage is an ideal tradition and culture. In Hinduism, marriage is considered one of the sixteen sacraments, or Vivaah; hence, its literal meaning is to bear special responsibility. The marriage ceremony is commonly known as a Hindu marriage. In other religions, marriage is a kind of contract between husband and wife that can be broken under special circumstances, but in Hinduism, marriage is a relationship between husband and wife for many births that cannot be broken under any circumstances. By taking seven rounds of sacred fire and keeping the Pole Star as a witness, the two bodies—mind and soul—get tied in a sacred bond. It is also a union of two families. In Hindu marriage, there is a more spiritual relationship between husband and wife than a physical relationship, and this relationship is considered extremely sacred.

Hindu marriage not only contains family, social, and cultural significance, but it also has deep spiritual significance. Hinduism has prescribed four purusharthas (four basic pursuits of life), i.e., Dharma, Artha, Kama, and Moksha. The purpose of the marriage ceremony is to complete the effort of ‘Kama’ and then gradually move towards ‘Moksha’. Many important things in the life of a man and woman are associated with marriage; for example, love between man and woman, their relationship, children, their parents, various happy events falling in the course of their lives, social status, and prosperity. In Hindu society, a married woman is viewed with the utmost respect. The sight of a woman with kumkum-sindoor on her forehead, wearing a mangalsutra around her neck, green bangles, toe rings, and a six- or nine-yard saree automatically generates respect for her in the mind of an observer. Of the seven Hindu marriage vows, there are at least three where the couple promises to take care of their elders. The fifth promise is to have children and take care of them.

In recent years, many anomalies and distortions have been added to the Hindu marriage tradition and culture in India. With the introduction of dating culture, the prevalence of love marriages has increased. Potential brides and grooms prefer to choose life partners on their own. Today’s romantic relationships are not actually marriage, but a new practice that has the opposite effect of disintegrating the family institution. Along with marriage, the practice of pre-wedding has also become the carrier of many distortions, big grand events and hotel culture have also blurred the sanctity of marriage. Widespread use of alcohol and other drugs at events has also become a cause of accidents. Due to which cracks are seen appearing in marriage bonds even before they take place.