Introduction
Marriage, a universal social institution, occupies a pivotal position in Indian society, traditionally viewed not merely as a contract but as a sacred union (samskara). It forms the primary basis for family formation, kinship ties, and social reproduction. However, in contemporary India, marriage is undergoing significant transformations due to socio-economic changes, urbanization, globalization, and legislative reforms.
This module explores the diverse traditional forms of marriage across different communities, analyzes the emerging trends, and delves into persistent challenges such as dowry, child marriage, and marital rape, alongside recent legal and societal debates, providing a comprehensive and examination-oriented understanding.
Traditional Forms & Practices
Traditional marriage systems in India reflect the subcontinent's diverse religious and cultural landscape, each with its own set of rituals, customs, and legal underpinnings.
Hindu Marriage: Samskara, Types & Rules
Samskara (Sacrament)
Traditionally, Hindu marriage is considered a sacred religious sacrament, an indissoluble union, primarily for procreation, performance of religious duties (dharma), and continuation of lineage.
Modern Context: While sacramental, the Hindu Marriage Act, 1955, introduced elements of contractual marriage by allowing divorce and judicial separation.
Approved Forms (Dharmya)
- Brahma: Giving daughter to learned groom. Considered the highest form.
- Daiva: Daughter given to a priest during a sacrifice.
- Arsha: Daughter exchanged for a cow and a bull.
- Prajapatya: After uttering "May you both perform together your duties."
Unapproved Forms (Adharmya)
- Gandharva: By mutual consent, often without parental approval (e.g., Shakuntala-Dushyant). Modern 'love marriage'.
- Asura: By purchase of the bride.
- Rakshasa: By abduction of the bride.
- Paishacha: By seduction while unconscious/mentally impaired. (Illegal today)
Endogamy Rules
Definition: Marriage within one's own specific group.
- Caste Endogamy: Most prevalent, marrying within one's own caste or sub-caste.
- Religious Endogamy: Marrying within one's religion.
Exogamy Rules
Definition: Marriage outside one's own specific group.
- Gotra Exogamy: Prohibition of marriage within the same Gotra (patrilineal clan tracing descent from a common ancestor/Rishi).
- Sapinda Exogamy: Prohibition of marriage between persons related to each other within certain degrees of lineal ascent (e.g., 5 generations on father's side, 3 on mother's side).
- Village Exogamy: Common in North India, marrying outside one's village.
Muslim Marriage: Nikah, Mahr, Talaq
Nikah (Contract)
Definition: Muslim marriage is essentially a civil contract between a man and a woman, based on mutual consent (Ijab-o-Qubool).
Polygyny: Muslim personal law allows a Muslim man to have up to four wives simultaneously, provided he treats them equally.
Mahr (Dower)
Definition: A mandatory payment or obligation by the husband to the wife at the time of marriage. It is the wife's exclusive property.
Types: Can be 'prompt' (payable immediately) or 'deferred' (payable on dissolution of marriage or death). Provides financial security to the wife.
Talaq (Divorce)
Definition: The dissolution of Muslim marriage.
Various types exist, some revocable, others not. Key legal developments around Triple Talaq have significantly impacted its practice.
Types of Talaq & Legal Status
Talaq-e-Sunnat (Revocable Forms)
- Ahsan: Single pronouncement of talaq during a period of purity, followed by abstinence from intercourse for three menstrual cycles (iddat period). Revocable during iddat.
- Hasan: Three pronouncements of talaq over three successive months, with abstinence from intercourse in between. Revocable after each pronouncement.
Talaq-e-Biddat (Triple Talaq)
Instantaneous and irrevocable divorce by pronouncing 'talaq' three times in one sitting.
Declared unconstitutional by the Supreme Court in Shayara Bano vs. Union of India (2017).
Criminalized by Muslim Women (Protection of Rights on Marriage) Act, 2019.
Other Forms of Divorce
- Khula: Divorce at the wife's instance, often involving her giving up her Mahr or some other consideration.
- Mubarat: Divorce by mutual consent.
- Tafweez: Delegated divorce, where the husband delegates the power of divorce to the wife.
Tribal Marriage Systems: Diverse Customs
Tribal communities in India exhibit diverse marriage customs, often distinct from mainstream Hindu or Muslim practices.
Bride Price (Ghardi/Dahej)
Definition: Payment made by the groom or his family to the bride's family in cash, kind, or both. It acknowledges the value of the bride's labor.
Contrast with Dowry: Unlike dowry, bride price empowers the bride's family and can be a source of pride.
Elopement Marriage (Chori Vivah/Bhag Kar Shadi)
Definition: A couple elopes and marries without parental consent, often due to love, financial constraints, or to avoid traditional arrangements.
Formal acceptance by families may follow later, sometimes with a penalty. Found in some tribal communities (e.g., Bhils) and increasingly common in mainstream society.
Service Marriage (Lamsena/Ghar Jamai)
Definition: The groom renders service for a period to the bride's family as a form of bride price or in lieu of it, especially if he is poor.
Prevalence: Common among many tribes (e.g., Gonds, Baigas).
Other forms include marriage by capture, marriage by trial (testing groom's bravery), negotiated marriage, exchange marriage (two families exchange brides).
Special Marriage Act, 1954: Secular Alternative
Purpose: Provides a secular legal framework for marriage in India, allowing individuals from different religions, castes, or communities to marry without having to convert or adhere to the personal laws of any specific religion.
- Applicability: Applies to all Indian citizens, regardless of their religion.
- Notice Period: Requires a 30-day notice period before solemnization, published publicly to allow for objections.
- Registration: Marriage is solemnized and registered by a Marriage Officer.
- Inheritance: Parties to a Special Marriage Act (SMA) marriage are governed by the Indian Succession Act, 1925, not their respective personal laws.
Significance: Offers a secular, civil alternative, promotes inter-faith/inter-caste marriages, and upholds individual choice in marriage.
Challenges/Criticism: The 30-day notice period and public display of details can expose couples (especially inter-faith) to harassment, social pressure, and 'honour killings'. Parties lose rights under their traditional personal laws for inheritance.
Changing Trends in Marriage
Modernization and socio-economic shifts are reshaping marriage patterns in India.
Inter-caste and Inter-religious Marriages
Increasing Acceptance
- Causes: Urbanization, education (especially for women), increased individual autonomy, breakdown of traditional community control, exposure to diverse cultures via media/internet.
- Prevalence: More common in urban areas and among educated youth.
- Impact: Seen as a step towards breaking down caste and religious barriers, fostering social integration.
Persistent Challenges: Honour Killings
Still face significant social disapproval, especially in rural and conservative areas, often leading to severe family opposition, ostracism, disinheritance.
Honour Killings: Extreme violence, often fatal, perpetrated by family or community members against individuals (especially women) perceived to have brought 'dishonour' by entering into inter-caste, inter-religious, or same-gotra marriages.
Legal Protection: Despite Supreme Court rulings (e.g., Shakti Vahini vs. Union of India, 2018, directing states to take preventive, remedial, and punitive measures against honour killings), implementation remains challenging.
Late Marriages, Increasing Age at Marriage
A consistent increase in the average age of marriage for both men and women across India.
Causes of Delayed Marriage
- Education: Higher education levels, especially for women, lead to delayed marriage.
- Career Aspirations: Focus on establishing a career and financial independence before marriage.
- Economic Factors: Rising cost of living, delayed financial stability.
- Changing Social Norms: Greater acceptance of individual choice and delayed family formation.
- Legal Framework: Prohibition of Child Marriage Act, 2006, sets minimum legal age (18F, 21M). Proposed amendment (2021-22) to raise female marriage age to 21.
Implications
- Improved Health Outcomes: Better maternal and child health, lower infant mortality rates.
- Women's Empowerment: Greater autonomy, better education, and workforce participation for women.
- Demographic Dividend: Delayed childbearing contributes to smaller family sizes and potentially a demographic dividend.
Marital Breakdown: Rising Divorce Rates
While still lower than many Western countries, India is witnessing a gradual but steady increase in divorce rates, particularly in urban areas.
Causes
- Changing Expectations: Higher individual expectations from marriage and partner, less willingness to compromise.
- Women's Financial Independence: Economic autonomy enables women to leave unhappy marriages.
- Increased Awareness & Legal Access: Greater awareness of legal rights and easier access to legal aid.
- Impact of Domestic Violence: Victims are more likely to seek divorce.
- Breakdown of Joint Family Support: Reduced mediation and pressure from larger family structures.
- Globalization & Individualism: Influence of Western ideals of individual happiness and choice.
Impact on Children
- Emotional Trauma: Psychological distress, anxiety, behavioral problems.
- Academic Impact: Deterioration in academic performance.
- Financial Strain: Reduced financial resources if one parent is primary earner.
- Custody Battles: Children often caught between parents.
- Long-term Effects: Can affect future relationships and mental well-being.
Same-Sex Marriage: Legal Debates & Societal Acceptance
Legal Debates (India): Supreme Court Ruling (Oct 2023)
In Supriyo vs. Union of India (October 2023), a 5-judge bench unanimously refused to grant legal recognition to same-sex marriage, stating it was a matter for Parliament or state legislatures to decide.
- Court's Stance: Emphasized separation of powers, leaving the decision to the legislature.
- Affirmed Rights: Affirmed existing rights of same-sex couples under Article 21, including the right to live together and choose a partner.
- Directive: Urged the Union Government to form a committee to define rights and benefits for same-sex couples.
- Context: Follows the Supreme Court's decriminalization of homosexuality in Navtej Singh Johar vs. Union of India (2018).
Union Government's Stance: Opposed recognition, arguing that marriage is exclusively between a biological man and a biological woman, and citing concerns about personal laws and societal acceptance.
Societal Acceptance & International Comparisons
Societal Acceptance: While acceptance is slowly increasing, particularly in urban, educated segments, overall societal acceptance remains low due to traditional norms, religious beliefs, and lack of awareness.
International Comparisons: Many countries globally have legalized same-sex marriage (e.g., USA, Canada, UK, Australia, Brazil, Taiwan, Nepal). India remains among the nations that have not.
Challenges in Marriage
Despite its central role, marriage in India continues to be plagued by various socio-legal challenges.
Dowry System: Causes, Implications & Laws
Definition: The practice of giving property, goods, or money by the bride's family to the groom or his family as a condition for marriage.
Causes & Social Implications
- Causes: Patriarchy, commercialization of marriage (groom's 'value' quantified), consumerism, social pressure, lack of enforcement.
- Social Implications: Leads to dowry deaths, domestic violence, harassment, female feticide/infanticide, immense financial strain, exploitation of women and families.
Anti-Dowry Laws & Implementation Challenges
- Dowry Prohibition Act, 1961: Prohibits the giving or taking of dowry; prescribes penalties.
- IPC Section 498A (Cruelty by Husband or Relatives - 1983): Criminalizes cruelty (physical or mental) often linked to dowry demands. Cognizable, non-bailable.
- IPC Section 304B (Dowry Death - 1986): Deals with dowry deaths (death within 7 years of marriage linked to dowry demands). Punishable by imprisonment.
Implementation Challenges: Underreporting (fear of stigma), alleged misuse of 498A, difficulty in proving demands, dowry often masked as 'gifts'.
Child Marriage: Causes, Impact & Legal Framework
Definition: Marriage where either the bride or groom (or both) is below the legally specified age (18 for females, 21 for males).
Causes & Impact on Health & Education
- Causes: Poverty (reduce economic burden), tradition, 'girls' security' (fear of harassment), lack of education, patriarchy, increased vulnerability during crises (e.g., pandemics).
- Impact on Health: Severe risks for young brides (early pregnancies, maternal/infant mortality, malnutrition, fistula).
- Impact on Education: Girls forced to drop out of school, losing opportunities.
- Violation of Rights: Denies childhood, education, health, and protection. Perpetuates intergenerational poverty.
Legal Framework & Government Initiatives
- Prohibition of Child Marriage Act (PCMA), 2006: Replaced the Child Marriage Restraint Act, 1929 ('Sarda Act'). Declares child marriages voidable at the option of the minor party. Fixes minimum age at 18F and 21M.
- Proposed Amendment (2021-22): Bill introduced to amend PCMA 2006 to increase the uniform age of marriage for women from 18 to 21 years (currently under parliamentary committee review).
Government Initiatives: Beti Bachao Beti Padhao (BBBP), Scheme for Adolescent Girls (SAG), awareness campaigns.
NFHS-5 (2019-21) data shows decline: 23.3% of women aged 20-24 married before 18, down from 26.8% in NFHS-4.
Marital Rape: Legal Debates & Societal Implications
Definition: Non-consensual sexual act committed by a husband against his wife.
Legal Status & Arguments For Criminalization
Legal Status (India): Exception 2 to IPC Section 375 (Rape) states: "Sexual intercourse by a man with his own wife, where the wife is not under 18 years of age, is not rape." This is the controversial "marital rape exception."
- Violation of Fundamental Rights: Argued to violate Articles 14 (Equality), 15 (Non-discrimination), and 21 (Right to Life and Personal Liberty) by denying married women bodily autonomy and dignity.
- Gender Justice: Marriage cannot be a license for sexual coercion; consent is paramount, regardless of marital status.
- International Obligations: India is a signatory to CEDAW (Convention on Elimination of All Forms of Discrimination Against Women), which implicitly requires criminalization.
- Harm: Marital rape causes severe physical, psychological, and emotional trauma to victims.
Arguments Against Criminalization & Current Status
- Destabilizes Marriage: Fear that it would "destabilize" the institution of marriage, lead to false cases, and harass husbands.
- "Indian Context": Argument that Indian society and family structures are different from Western ones, and such a law is not suited.
- Alternative Remedies: Existing laws like Domestic Violence Act (PWDVA) and IPC 498A are cited as sufficient remedies.
- Difficulty of Proof: Challenges in proving non-consensual acts within a marital relationship.
Current Status (Courts): Delhi High Court gave a split verdict in 2022. The Supreme Court began hearing petitions challenging the exception in early 2023, but the case has been adjourned.
Societal Implications: Criminalization would acknowledge marital rape as a serious crime, bring it into public discourse, and encourage reporting. It would challenge deeply entrenched patriarchal notions of wives as husbands' property.
Prelims-ready Notes
Hindu Marriage:
- Samskara: Sacred union. Hindu Marriage Act, 1955 introduced contractual elements (divorce).
- Types: Brahma (approved), Gandharva (love marriage, unapproved).
- Endogamy: Caste, religion.
- Exogamy: Gotra, Sapinda.
Muslim Marriage:
- Nikah: Civil contract.
- Mahr: Mandatory payment to wife.
- Talaq: Divorce. Triple Talaq (Talaq-e-Biddat) unconstitutional (Shayara Bano, 2017), criminalized by Muslim Women (Protection of Rights on Marriage) Act, 2019.
Tribal Marriage:
- Key Practices: Bride price (Ghardi), Elopement, Service marriage (Lamsena).
Special Marriage Act, 1954:
- Secular marriage for inter-faith/inter-caste couples. Requires a 30-day notice period.
Changing Trends:
- Inter-caste/Inter-religious: Increasing, but still face honour killings (SC: Shakti Vahini vs. Union of India, 2018).
- Age of Marriage: Increasing. Legal age 18 (female), 21 (male). Proposed bill to raise female age to 21.
- Divorce: Rising, especially in urban areas.
- Same-Sex Marriage: SC (Supriyo vs. UoI, Oct 2023) refused legal recognition, left to Parliament, but affirmed existing rights.
Challenges:
- Dowry: Dowry Prohibition Act, 1961. IPC 498A (cruelty), 304B (dowry death). Faces implementation issues.
- Child Marriage: Prohibition of Child Marriage Act, 2006 (min age 18F/21M). Govt schemes like Beti Bachao Beti Padhao.
- Marital Rape: Exception 2 to IPC 375 (not rape if wife > 18). Legal debate ongoing in Supreme Court.
Prelims Summary Table: Key Marriage-Related Acts & Amendments
| Act/Amendment | Year | Key Provision/Significance |
|---|---|---|
| Hindu Marriage Act | 1955 | Codified Hindu personal law, allowed divorce. |
| Special Marriage Act | 1954 | Secular law for inter-faith/inter-caste marriages. |
| Dowry Prohibition Act | 1961 | Prohibited giving/taking of dowry. |
| IPC Section 498A | 1983 | Criminalizes cruelty by husband/relatives (often linked to dowry demands). |
| IPC Section 304B | 1986 | Dowry Death provision. |
| Protection of Women from Domestic Violence Act | 2005 | Provides civil remedies for domestic violence. (SC extended to live-ins in 2010) |
| Prohibition of Child Marriage Act (PCMA) | 2006 | Replaced Sarda Act, sets min. marriage age (18F/21M). |
| Muslim Women (Protection of Rights on Marriage) Act | 2019 | Criminalized Triple Talaq (Talaq-e-Biddat). |
| Proposed Bill (Uniform Age for Women) | 2021-22 | To raise female marriage age to 21 years. |
Mains-ready Analytical Notes
Major Debates/Discussions
Marriage: Sacrament vs. Contract
Debate: The historical view of Hindu marriage as an indissoluble sacrament versus its modern understanding under the Hindu Marriage Act, 1955, which introduces elements of contract by allowing divorce and judicial separation. This reflects the broader tension between tradition and modernity.
Implication: How does this shift affect gender roles, individual autonomy, and the perception of marital breakdown?
Uniform Civil Code (UCC) and Marriage
Debate: The constitutional directive (Article 44) for a UCC.
Arguments for: Promotes gender equality by unifying personal laws currently governed by diverse religious traditions (e.g., polygamy, divorce rights, inheritance). Promotes national integration.
Arguments Against: Threat to religious freedom and cultural diversity. Concerns about majoritarian imposition.
Relevance: Directly impacts the future of marriage laws in India, especially for minority communities.
Modernity and Marital Stability
Debate: Does modernization (urbanization, individualism, women's empowerment) inherently lead to higher divorce rates? Or does it merely make previously "invisible" marital problems visible and provide avenues for escape?
Nuance: While rising divorce rates are a challenge, they also signify greater individual agency, especially for women, to exit abusive or unhappy marriages.
Historical/Long-term Trends, Continuity & Changes
From Community Control to Individual Choice
A slow but definite shift from marriages primarily dictated by caste, community, and parental authority towards greater individual choice, especially in urban areas and among educated youth (rise of love marriages, inter-caste/religious marriages).
Legal Codification and Reform
Evolution from diverse customary laws to codified personal laws (Hindu Marriage Act, Muslim personal laws, etc.) and secular laws (SMA). Continuous reform efforts (e.g., anti-dowry, anti-child marriage, debates on marital rape, same-sex marriage) reflect the state's increasing role in regulating marriage.
Changing Role of Women in Marriage
From being primarily seen as homemakers and bearers of progeny, women are increasingly recognized as equal partners, with rights to education, career, property, and the choice to exit marriages. This is a significant long-term trend impacting marital dynamics.
Commercialization of Marriage
Despite legal prohibitions, dowry and marriage expenses have increased, transforming marriage into a consumerist event for many, often leading to financial distress and violence.
Contemporary Relevance/Significance/Impact
Intersection of Gender Justice and Law
Debates surrounding marital rape and the proposed uniform age of marriage for women to 21 highlight the ongoing struggle for gender equality within marriage and the role of law in challenging patriarchal norms.
Protecting Individual Liberty
The Special Marriage Act, 1954, and Supreme Court rulings on inter-faith marriages or honour killings are crucial for protecting individual autonomy and choice in marriage against societal pressures and traditional practices.
Demographic Dividend
Increasing age at marriage for women has positive demographic implications (lower fertility rates, better maternal health) and contributes to women's human capital development.
Social Cohesion
Inter-caste and inter-religious marriages, despite challenges, are critical for breaking down traditional social barriers and fostering greater social integration and harmony.
Digital Age Influence
Social media and dating apps influence modern courtship, sometimes bypassing traditional family networks, leading to a mix of greater choice and new forms of surveillance/harassment.
Real-world/Data-backed Recent Examples (Last 1 Year)
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Supreme Court Verdict on Same-Sex Marriage (October 2023)
In Supriyo vs. Union of India, the SC refused legal recognition, placing the onus on Parliament. This indicates the cautious approach of the judiciary on sensitive social issues and the ongoing societal debate. (Source: Supreme Court of India judgments, LiveLaw, Bar & Bench).
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Debate on Uniform Age of Marriage for Women (Ongoing)
The bill to raise the minimum marriageable age for women from 18 to 21, introduced in 2021, remains under parliamentary committee scrutiny in 2023-24. This reflects the government's push for gender equality and improved health/education outcomes for women. (Source: Ministry of Women and Child Development, PIB).
-
NFHS-5 (2019-21) Data
The National Family Health Survey-5 data, released in 2021, indicates a significant decrease in child marriage, with only 23.3% of women aged 20-24 married before 18, down from 26.8% in NFHS-4. This shows positive impact of laws and awareness campaigns. (Source: Ministry of Health and Family Welfare, NFHS-5).
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NCRB Data on Dowry Deaths and Domestic Violence (2022-2023 Reports)
While showing fluctuations, these reports consistently highlight the grim reality of dowry-related crimes and domestic violence, indicating that despite laws, the practices persist and continue to be a major challenge to marital safety and dignity. (Source: National Crime Records Bureau reports).
UPSC Previous Year Questions (PYQs)
Prelims MCQs
1. UPSC 2017: In the context of ancient Indian society, which of the following statements is correct regarding the 'Gandharva' form of marriage?
- (a) It was a marriage performed in exchange for a cow and a bull.
- (b) It was a marriage of the daughter of the house with a rich man for wealth.
- (c) It was a marriage by mutual love and consent.
- (d) It was a marriage by abduction of the bride.
Show Answer & Hint
Answer: (c)
Hint: Directly tests knowledge of traditional Hindu marriage types.
2. UPSC 2013: The 'Maintenance and Welfare of Parents and Senior Citizens Act, 2007' is a significant step towards ensuring social security for the elderly. Which of the following statements about this Act is correct?
- (a) It makes it mandatory for adult children to maintain their parents only if they are below the poverty line.
- (b) It allows parents to claim maintenance only from their biological children.
- (c) It provides for the establishment of Maintenance Tribunals for expeditious disposal of applications.
- (d) It prohibits all forms of transfer of property by senior citizens to their children.
Show Answer & Hint
Answer: (c)
Hint: While not directly on marriage, it relates to changing family dynamics and support systems, especially for elderly in the context of nuclearization and declining traditional support.
3. UPSC 2007: The Hindu Marriage Act, 1955 laid down the condition that the age of the bride should be at least:
- (a) 15 years
- (b) 16 years
- (c) 18 years
- (d) 21 years
Show Answer & Hint
Answer: (c)
Hint: Tests knowledge of a key legal reform in Hindu marriage. (Note: This was the age at the time. The Prohibition of Child Marriage Act, 2006, effectively supersedes this for minimum age, making it 18 for women and 21 for men uniformly, though the Hindu Marriage Act, 1955 also has provisions for age.)
Mains Questions
1. UPSC 2022: "The 'compulsory registration of marriages' has been proposed as a measure to tackle social evils. Discuss its potential benefits and challenges in the Indian context." (15 marks)
Show Direction
Direction: Define compulsory registration. Benefits: Helps combat child marriage, bigamy, dowry; ensures women's rights (maintenance, inheritance); provides demographic data; aids in legal identity. Challenges: Feasibility in rural/remote areas; illiteracy; resistance from conservative groups; procedural hurdles; potential for harassment/intimidation in inter-faith/caste marriages; privacy concerns. Conclude by arguing for a balanced approach.
2. UPSC 2018: "Has the Supreme Court’s judgment (Navtej Singh Johar vs. Union of India, 2018) decriminalizing homosexuality truly liberated the LGBTQIA+ community in India? Discuss." (15 marks)
Show Direction
Direction: While focusing on decriminalization, it sets the stage for broader LGBTQIA+ rights, including marriage. Discuss the legal liberation (decriminalization, right to live with dignity) and the societal challenges that remain (stigma, discrimination, lack of family acceptance, denial of civil rights like marriage, adoption, inheritance). Mention the Supriyo vs. Union of India verdict (2023) as a direct follow-up on marriage.
3. UPSC 2016: "Highlight the socio-economic implications of the rising number of single-parent households in India." (10 marks)
Show Direction
Direction: Directly related to marital breakdown. Discuss causes (divorce, widowhood, migration) and the socio-economic impact on children (emotional trauma, educational disruption, financial strain) and the single parent (burden, stigma, mental health, limited opportunities).
Trend Analysis
Prelims Trends:
Questions on marriage have generally moved from simple definitions of traditional types (e.g., Gandharva) to a focus on legal acts, amendments, and landmark Supreme Court judgments (e.g., Triple Talaq, marital rape exception, same-sex marriage).
There's a clear emphasis on current affairs linked to social legislation and policy. Knowledge of key years, acts, and their core provisions is crucial.
Mains Trends:
The trend is highly analytical and contemporary. Questions often demand discussions on the causes and consequences of changing marriage patterns (e.g., rising divorce, late marriages, inter-caste marriages).
There's a strong focus on challenges within marriage (dowry, child marriage, marital rape) and the role of law and judiciary in addressing these. Recent questions have increasingly explored the intersection of gender justice, individual autonomy, and traditional social norms within the institution of marriage. Expect questions requiring critical evaluation of legal reforms and their societal impact, often with a policy angle.
Original MCQs for Prelims
1. Which of the following statements regarding the legal framework for child marriage in India is/are correct?
- The Prohibition of Child Marriage Act, 2006, completely prohibits marriage for individuals below 18 years of age.
- As per current law, the minimum age for marriage for females is 18 years and for males is 21 years.
- A marriage solemnized in contravention of the Act is automatically void ab initio.
Select the correct answer using the code given below:
- (a) 1 and 2 only
- (b) 2 only
- (c) 1 and 3 only
- (d) 1, 2 and 3
Show Answer & Explanation
Answer: (b)
Explanation:
- Statement 1 is incorrect: The Act makes the marriage voidable at the option of the minor party, not void ab initio (except in very specific circumstances like child trafficking). It prohibits such marriages, but doesn't make them automatically void from the start.
- Statement 2 is correct: This is the current legal minimum age under the PCMA, 2006.
- Statement 3 is incorrect: As explained in statement 1, the Act makes the marriage voidable, not void ab initio, except for specific exceptions.
2. Consider the following statements regarding the traditional Hindu marriage system:
- 'Samskara' denotes its sacred and indissoluble nature, contrasting with a purely contractual view.
- 'Gotra exogamy' prohibits marriage within the same patrilineal clan.
- The 'Gandharva' type of marriage was an approved form, always requiring parental consent.
Which of the statements given above is/are correct?
- (a) 1 only
- (b) 1 and 2 only
- (c) 2 and 3 only
- (d) 1, 2 and 3
Show Answer & Explanation
Answer: (b)
Explanation:
- Statement 1 is correct: Hindu marriage is fundamentally a samskara.
- Statement 2 is correct: Gotra exogamy is a key rule.
- Statement 3 is incorrect: 'Gandharva' was an unapproved form (though still listed) that involved mutual consent and often happened without parental consent, distinguishing it from approved forms like Brahma.
Original Descriptive Questions for Mains
1. "The institution of marriage in India is navigating a complex interplay between tradition and modernity. Discuss how changing socio-economic landscapes, coupled with judicial interventions, are reshaping marital practices and expectations in contemporary India, especially concerning gender equality." (15 marks)
Show Key Points/Structure
- Introduction: Marriage as a dynamic institution in India, undergoing significant shifts.
- Socio-economic Landscapes (Forces of Change): Urbanization & Industrialization (shift to nuclear families, economic independence); Globalization & Education (exposure to new ideas, individualism, delayed marriages); Changing Gender Roles (women's entry into workforce, desire for equal partnership); Rising Aspirations (higher expectations from partners, emphasis on companionship).
- Judicial Interventions (Forces of Change): Hindu Marriage Act, 1955 (divorce, remedies); Dowry & Domestic Violence Laws (protections); Abolition of Triple Talaq (gender justice); Debates on Marital Rape (challenging patriarchal notions); Same-Sex Marriage ruling (ongoing evolution); Child Marriage Laws (minimum age, well-being).
- Impact on Marital Practices & Expectations (Link to Gender Equality): Increased Age at Marriage (positive for women's health, education, autonomy); Rising Divorce Rates (increased agency for women); Inter-caste/Inter-religious Marriages (growing acceptance, challenging boundaries); New Relationships (live-in relationships); Gender Equality (laws promote equality, societal attitudes lag).
- Conclusion: Summarize adaptation driven by internal shifts and legal reforms. Emphasize progress toward gender equality, but note remaining challenges requiring continuous societal reform and legal enforcement.
2. "The Dowry Prohibition Act, 1961, and related legal provisions have been in force for decades. Despite this, the dowry system persists as a pervasive social evil in India. Analyze the underlying reasons for its persistence and suggest comprehensive measures to eradicate it." (10 marks)
Show Key Points/Structure
- Introduction: Define dowry and acknowledge its continued prevalence despite robust legal frameworks.
- Underlying Reasons for Persistence: Deep-Rooted Patriarchy (girls as burdens, 'transfer of property'); Commercialization of Marriage ('value' of groom in monetary terms); Consumerism & Status Symbol (lavish marriages, display of wealth); Social Pressure & Conformity (fear of ostracization); Weak Implementation of Laws (underreporting, difficulty in proving, misuse allegations); "Gift" Disguise; Lack of Economic Independence for Women.
- Comprehensive Measures to Eradicate: Strict Law Enforcement (effective investigation, prosecution); Women's Empowerment (universal education, workforce participation, financial independence); Awareness Campaigns (changing mindsets, highlighting illegality); Community Involvement (NGOs, local leaders, religious institutions); Educational Reform (instilling gender equality values); Shifting Social Norms (promoting simpler marriages); Role of Media (responsible portrayal).
- Conclusion: Emphasize that dowry is a complex socio-economic issue requiring a multi-pronged approach involving legal, educational, economic, and cultural interventions, not just punitive measures, for its eventual eradication.