The Hindu Marriage Law was enacted by the Indian Parliament in 1955, for the purpose of regulating personal life among Hindus, especially its institution of marriage, its validity, conditions of invalidity and applicability, etc.
There are many salient features in the provisions of the law that make and even incite a person to consider it rather conservative. The underlying note or we can say that the lifeline that runs through the entire act is that it duly acknowledges the religious feelings and values of the Hindus that they respectfully appreciate and consider valuable. Consequently, the Hindu Marriage Law has considered and treated the institution of marriage among Hindus so sacrosanctly as it evolved through the ages between them, duly acknowledging their customs, traditions, and sasthras from time immemorial including their rituals. and other practices practiced and developed by them during Above all the act of covering and encompassing all people of modern branches of Hinduism such as Prarthana Samaj, Arya Samaj and Brahma Samaj also has a modern aspect by duly recognizing those modern branches of religion Hindu.
Therefore, the Hindu Marriage Law is applicable to all Hindus such as Saivites, Vaishnavites, Lingayats and the followers of Prarthana, Arya and Brahma Samajas and others who enter the fold of Hinduism such as Sikhs, Buddhists and Jains. Thus, the Hindu Marriage Law applies to the religious folds that arose during the 6th century BC. C. and also in the 18th and 19th centuries. Therefore, the Hindu Marriage Law essentially acts as a bridge connecting ages. The credit for giving us such an eternal act goes to the Indian legal luminaries.
The conditions imposed by the Hindu Marriage Law for a valid marriage, while they may seem insignificant on the surface, actually have the modern elements and characteristics, of course with a vision of the future. To solemnize a marriage between two Hindus, the following conditions have been imposed:
5) (i) Neither party has a living spouse at the time of the marriage; which actually discourages plural marriages and, in the current context, the arrangement helps prevent the spread of incurable diseases such as AIDS and other virulent forms of venereal disease in society.
iii) The age of eligibility to marry is set at 21 for grooms and 18 for brides, which actually helps to prevent social ills such as Indian Society child marriages.
iv) and v) prevents marriages between prohibited degrees of relationship and sapindas. This provision has a scientific basis because the prevention of a marriage between people of prohibited degree of kinship or sapindas, in reality will avoid the birth of physically deformed children or deaf, dumb and blind children, because the possibility of giving birth to such children is more in the marriages. between people of forbidden kinship and sapindas.
In article 7 of the Law, the ceremonies and customs of a Hindu marriage are duly recognized, giving a sentimental value to the act. For example, immediately after marriage, both the bride and groom will take seven steps before the sacred fire, which will sanctify the marriage and that ceremony is known as Saptapadi. Even going one step further, the law stipulates that the marriage is invalid if Saptapadi is not performed.
Article 8 of the Hindu Marriage Law provides for the compulsory registration of marriages and even stipulates a punishment for violating the provision. This provision is truly a revelation and protects those hapless people who may become victims of fraudulent marriages carefully manipulated and planned by unscrupulous antisocial elements.
Article 13 of the Hindu Marriage Law contains provisions that can serve as the basis of marriage for spouses who intend to file divorce petitions from their spouses. When we consider these reasons, some of them have social relevance: –
For example, if a spouse commits adultery with a person other than their spouse;
If a spouse ceases to be a Hindu by conversion;
If a spouse has suffered from a virulent and incurable form of leprosy;
If a spouse has been suffering from a venereal disease in communicable form;
The above provisions not only respect the religious sentiments of Hindus, as well as provide a basis for divorce. Similarly, the disposition related to adultery, a virulent form of disease such as leprosy or a communicable form of Alzheimer’s disease, etc., not only helps affected spouses to seek divorce from their spouses, but also serves to the cause and broader interests of society, by preventing the virulent and communicable spread of venereal diseases
Therefore, the Hindu Marriage Law, although it contains only 30 sections and can even be considered a very small piece of legislation, is a comprehensive law by virtue of its usefulness not only for Hindus but also for the welfare and general interests of the Hindus. Indians. Society too.