Indian LegalStudies-Kolkata Entrance – 1st semester

MARRIAGE AS A SOCIAL INSTITUTION – CHANGING NATURE

AND EMERGING TRENDS
1. Introduction present form. In every society, form, nature,
This module seeks to understand and and aim of marriage are different. In almost all
anlayse the contemporary social institution of societies one or the other form of marriage
marriage from a sociological perspective. Never exists. In India, marriage remains an
prior to this, has the institution of marriage important rite of passage in an individual‟s life.
been so diverse, with so many emerging
trends, and facing myriad challenges. This Definition
module will try to understand the changing Edward Westermarck in his well‐
nature and emerging trends of marriage as a known book „The History of Human Marriage‟
social institution. The module situates this (1891) defines marriage as a more or less
debate in the larger context of globalization, durable connection between male and female,
and neoliberalism. Lastly, it will study the lasting beyond the mere act of propagation till
challenges facing this institution. after the birth of offspring.
Malinowski defines marriage as a
2. Social Institution: Meaning contract for the production and maintenance
In common parlance, the word of children. Robert O‟ Blood (1960) states
institution is used to signify a building, a marriage is perceived by sociologists as a
group of people or an organization. In system of roles of a man and a woman whose
sociology, the concept of institution is different union has been given social sanction as
from this common usage. In sociology, an husband and wife. The equilibrium of the
institution is a system of organizing social system requires adjustment between the two
relationships which embodies certain common partners so that the role enactment of one
values and procedures and meets certain basic (partner) corresponds to the role expectations
needs of the society. They are the structured of the other.
processes through which people carry on their
activities. (Horton and Hunt, 2004) According 4. Theoretical Framework
to Horton and Hunt, an institution is a system Most of the definitions above define
of norms to achieve some goal or activity that marriage as an institution that contributes to
people feel is important, or, more formally, an the smooth functioning of a society. They
organized cluster of folkways and mores study marriage and the important role it plays
centered on a major human activity. Sumner in the society at large i.e. they study marriage
(1906) defines institution as something which from a functionalist framework. The
consists of a concept (idea, notion, doctrine or Functionalist approach stresses the
interest) and a structure. importance of functions of marriage as an
Institutions have emerged gradually institution for the society as a whole. They
over the years as products of people living study how marriage as an institution is related
together. Earlier when people started living in to other parts of society, and the way in which
groups, they developed certain patterns in it contributes to the well being of a society.
their day to day life to meet their daily needs. Structural‐Functionalists study
Slowly these patterns were accepted by large marriage from a macro perspective. This lets
number of people and received social them focus on the most important functions
sanctions. Eventually, rules were established that affect nearly every marriage and not on
and these rules were codified into laws. These the less common functions that affect few
practices continue to develop and change; at marriages. According to this perspective
the same time institutions impose constraints marriage will serve the needs of society, of
on individuals. producing children, regulating the relation
between the sexes, both the partners benefit
3. Marriage as a social Institution from the gendered division of labour, etc.
Marriage is an institution that has had Studies like Marriage and Family in
a very long history. The works of sociologists Mysore (1942), Religion and Society among the
like Edward Westermarck, „The History of Coorgs of South India (1952) by M.N. Srinivas,
Human Marriage‟ (1891), and historians like Kinship Organization in India (1953) by Irawati
V.K. Rajwade, „The History of Marriage in Karve, are some examples of studies carried
India‟ (1976), are some attempts to record the out from structural functional perspectives.
history of marriage as a social institution. Many other scholars like [Link]
Marriage initiates a man and a woman (1966,1972), Shah Vimal (1975), Madan
into family life. Largely considered as a stable (1975), too have studied the institution from
relation, it permits a man and a woman to this perspective. Anthropologists like Robert H.
establish sexual relations and have children. Lowie, George Murdock and Edward
Like all other institutions, the institution of Westermarck emphasize the role of social
marriage too has slowly emerged into its sanction in the union and the way this

Notes by Adv. Writwika Dutta, ILs- Kolkata (Ph. NO.- 8167806982) Page 1
 Indian LegalStudies-Kolkata Entrance – 1st semester
sanction is accomplished by different rituals Various scholars have studied
and ceremonies. Sociologist like Blood, Lantz marriage as a social institution in India
and Snyder, Bowman, Babar, Burgess and through different theoretical frameworks.
others view it as a system of roles and as Various studies are carried out in India
involving primary relationships. (Ahuja Ram, regarding marriages on themes like mate
1993) However, these studies did not look into selection, attitudinal studies, age at marriage,
power relations within the family, and perceptions to divorce, inter‐ caste, inter‐
patriarchy. They focused on the functions of religious marriage, etc. Kannan (1975),
marriage for society at large. Kapadia (1972), K.T. Merchant (1935), studied
Some studies on marriage try to aspects related to age at marriage studies,
understand the source of conflict in any Kumari Pratima, 1988, Rao and Rao (1982)
marriage. Conflict is an integral part of any Ramanamma (1979) studied attitudes towards
marriage. The Conflict or Marxist perspective various aspects of marriage while J.N.
studies the differences in people, and the Choudhry (1977, 1982), Y.B. Damle, (1964‐
disputes that are caused by this. Conflict 65), Fonseca (1962) and others have studied
theorists also study marriage from a macro divorce related aspects of marriage. Few
perspective. In most of the marriages studies were carried out on themes of inter‐
throughout the world, husbands have more caste, inter‐religious marriages by Shah A.M.
power than the wives, and wives have resented (1998), Usha Bambawale (1982), Ansari and
it. This creates conflict because the men are Anjum (2014).
trying to maintain their power and women are According to Patricia Uberio (1993),
attempting to gain more power. This results in the shifts from structural functional (Srinivas
the conflicts in marriage. Marxists analyze the 1952; Karve 1953) to structural (Dumont
influence of class on family life, especially on 1957, 1966; Madan 1975), and subsequently
socialization. to cultural (Fruzzetti 1982; Inden and Nicholas
According to Palriwala and Kaur 2005; Das 1976) frameworks led to new
(2014), understanding contemporary marriage, analytical insights.
it is necessary to understand a political and Recently there has been growing
cultural economy of marriage. Studies by studies on various aspects of marriage in the
Amali Philips (2014), Priti Ramamurty (2014), context of globalization. Post globalized India
A. Dharmalingam (1994) are some examples. has lead to various changes in every aspect of
Murray Straus‟s study (1975) on husband to the institution of marriage and new trends are
wife power score, William Goode‟s study on visible. Transnational migrations and
relationship between family structure and marriage, honour killings, shifts in
industrialization are some studies studied conceptualization of marriage, change in mate
from the Marxist perspective. selection process, kinship support in changing
Studies from the Feminist Perspective contexts, and role of technology are some of
study how marriage remains the main site of the emerging themes in sociology of marriage.
women‟s oppression. It remains a site where
there is production and reproduction of gender 6. Forms of Marriage in Contemporary India
hierarchies. It leaves women exploited and Monogamy remains the dominant form
powerless. Many feminist thinkers argue that of marriage in contemporary India. Under
women do not benefit from marriage, and it is monogamy, one man marries one woman at a
inherently negative for women. Studies by time. According to B. Malinowiski, monogamy
feminist scholars like Das (1975), Dube (1986), is, has been, and will remain the only true type
Jeffrey and Jeffrey (1996), Parliwala (1991) use of marriage.
the feminist perspective to analyze the Monogamy remains most dominant
institution of marriage. form in many societies because, according to
Ramaswamy Periyar‟s idea of „the Self‐ Marxist, when males realized their role in
Respect Marriage‟ is interpreted by many as a reproduction, and with the gradual control
Non Brahminical Perspective. According to R. over property they sought means to ensure
Periyar himself respect in a marriage is neither that the property stayed with them and passed
traditional, nor sacramental. Self‐Respect on to their children. Monogamy became their
Marriage not only recognizes the equality of instrument to ensure this. It was then that
men and women, it also helps the removal of free sexual relations were replaced with
the Caste System. He put forth one of the most monogamy. Families became monogamous,
sophisticated theories of gender. According to male dominated and patriarchal as society
him, marriage regulates and disciplines became capitalist.
women‟s familial and reproductive labour even Though monogamy dominates, there
as it actively denies their desires and rights to are other forms of marriage like polyandry (one
a self respecting life of their choice ([Link], woman is a wife to more than one man at the
2006). same time), and polygyny (one man is husband
of more than one woman at the same time).
5. Sociological Studies on Marriage in India In India, as in all other societies, there
are elaborate rules laid down for mate

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 Indian LegalStudies-Kolkata Entrance – 1st semester
selection. Endogamy (partners is to be selected „social work organization‟, stated, „If you rescue
within certain groups only) and exogamy one girl, it is the same as saving 100 cows.
(partner is to be selected outside certain One daughter equals 100 holy cows‟. In the era
groups) remains one of the major guiding rules of globalization, when a sense of rootlessness
for mate selection even today. Endogamy and and alienation is becoming more severe,
exogamy are not opposite to each other but violence over the issues of religion and
they supplement each other. identities are becoming more acute. Thus, we
Caste endogamy is largely followed in also see, this „modern‟ phenomenon of
contemporary India. However, there have globalization has pre modern implications for
always been cases reported of inter caste women as their sexuality is being redefined
marriage i.e. marriage of people belonging to especially through the institution of marriage.
different caste as there are references to Another form of relationships that are
hypergamy or anuloma (marriage of a increasingly becoming popular, especially in
daughter in the superior caste or higher varna metropolitian cities in India is live in
) and hypogamy or pratiloma (marriage relationships. These relations mean living
between male of lower varna or caste and a together and establishing a sexual relationship
female of higher varna type of marriages). without marriage. It has legal acceptance
The 1954 Special Marriage Act, though not social acceptance on a wider scale.
legalizes inter caste marriages in India. Largely Though live in relationships are not new in our
perceived as modern phenomenon, there are society, now larger number of people are
very few inter caste marriages taking place. talking openly about them. The practices like
Rather, in the post globalized era many such „maitri karars‟ and „gandharva vivaha‟ in
marriages are the target of community, and ancient India can be viewed as similar to this.
incidents of violence and honour killings are Live in relationships in their present
rampant. form have largely been a post globalization
Why do inter caste marriages face phenomenon. Globalization has stressed all
such reactions? Caste remains the system on relationships. The earlier dominant values in
which the whole edifice of Hindu religion marriages like loyalty, duty, docility, etc have
depends. If the caste system does not remain been replaced with companionship, equality,
intact, the existence of the Hindu religion itself compatibility. Most of the IT professionals
is threatened. Therefore it is important that prefer to have a live‐in relationship before
only endogamous marriages are practiced. Dr. getting married. Long working hours, night
Ambedkar has rightly pointed out that, shifts, stressful work places, and no social life
“Women are the gateway to the caste system.” are some of the reasons for this trend.
Existence and purity of any caste depends on The Protection of Women from
the women in that community i.e., upon the Domestic Violence Act 2005 has recognised
reproductive powers of women. Thus, there is “relationship in the nature of marriage” and
increasing dissent and violence against the protects female partners from domestic
inter caste marriages taking place in India violence. Such partners can claim monetary
today. and other reliefs under the Act. The Supreme
Another endogamous norm in mate Court has recently given a judgment where if a
selection is that of a religion. Though there man and woman „lived like husband and wife‟
have always been some incidents of inter for a long period and had children, the
religious marriages in India, yet they are judiciary would presume that the two were
miniscule in number. Though the Special married. The children born out of such
Marriage Act (1954) allows a man and woman relationship are legitimate.
belonging to different religions to marry and to There is an increasing trend of
retain their own religion even after marriage, youngsters in urban areas who opt for live in
yet we find most of the women in such relationship. It is largely perceived as an
marriages convert to the religion of her alternative to marriage.
husband. In spite of having legal sanctions to Same‐sex marriages are not legal in
such marriages, in practice such married India. Yet, we see many homosexual men and
couples are socially ostracized, left with no women now live in stable relationships. Such
family support and at times killed by the relations are based on mutual trust and
family or society members at large. friendship. There are more and more people
The communalists and are coming out in the open and talking about
fundamentalists perceive inter‐religious their relationship.
marriages as a threat for their survival. To Another form of marriage and families
combat this, they follow a multi‐thronged we see in urban India are the reconstituted
policy to enforce endogamous marriages. They families. The term reconstituted family refers
follow various tactics right from ideologically to a family in which at least one of the adults
insisting on endogamous marriages to violently has children from a previous marriage or
coercing them. A pamphlet distributed by relationship. They are also referred to as
Babu Bajrangi‟s Navchetan Trust, a communal stepfamilies. (Giddens, 2005). With increase in
organization in Gujarat, which calls itself a the rate of divorce, less stigma attached to

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 Indian LegalStudies-Kolkata Entrance – 1st semester
such marriages and an increasing number of seeking marriage partners across traditional
people remarrying, such type of families is criteria of caste, class, religion and region.
growing in India. Thirdly, the Indian Parliament has
raised the age of marriage to a minimum of 18
7. Changing Nature of Marriage in years for girls and 21 years for boys. Yet
Contemporary India according to the recent UNICEF‟s data 47 per
The social institution of marriage cent of girls in India get married before 18
serves as a barometer to understand the stage years of age. The various sociological studies
of „development‟ of society. The Indian conducted in the last few decades have
marriage scenario today, once again revealed that the trend in age of marriage from
demonstrates that Indian society has changed 1930 onward has shown a continuous rise.
only superficially but deep down, it is largely Realization of dysfunctional aspects of child
the same closed, conservative, caste‐based marriage, spread of education especially
society. However, we discern certain trends in among females, freedom of mate selection,
the changing nature of marriage in desire to control size of family and change in
contemporary India at large. object of marriage from dharma to
Firstly, there are discernable changes companionship are some of the causes
in the aim of marriage. In the Hindu religion, responsible for this trend.
marriage was considered as a sacrament, to Among urban areas, with the
beget a progeny, especially a son. There are increasing number of women getting higher
many references in Hindu religious books that education and being economically
extol the importance of a son which will pave independent, there is an increasing trend to
way of parents to heaven. In Christian and have late marriages. Presently there is a
Muslim religions too marriage had a religious debate on increasing the marriageable age of
basis, the main objective of which was social girls to 21 years.
sanction to sexual relations and to beget Fourthly, stability of marriage cannot
children. be taken for granted. With increasing number
However, in the contemporary context, of women getting higher education and being
many couples don‟t marry for progeny but for economically independent, they don‟t put up
companionship. Rather, there are increasing with violence and abuse in relationship. As a
numbers of couples who want to remain result, there is an increasing trend of divorce.
voluntarily childless. In the context of According to 2012 statistics, 43,000 divorces
globalization, the significance of the religious were taken across the country. 20,000 cases
aspect of marriage is considered secondary or were from Maharashtra. This can also be cited
rather insignificant with growing exposure to as one of the reasons for increasing number of
varied ideas. people opting for Live in relationships rather
Secondly, significant change is seen in than entering into marriage.
the process of mate selection. Even in today‟s
Indian society, parents choosing mates for 8. Challenges to the Institution of Marriage
their children are a norm. Almost 90 per cent The changing nature of the institution
of marriages in India remain arranged of marriage has posed several challenges to its
(Mullatti, 1995). Though there are increasing existence. The LPG policies though considered
cases where youngsters choose their own as economic phenomenon have various socio‐
partners, they remain negligible in numbers. cultural implications in the lives of individuals.
These days there is an increasing trend to With the LPG policies, and GOI
choose spouses by consulting parents thus withdrawing from its responsibilities, we see
giving it an element of modernity. shrinking of formal workplace. This has led to
The parents select mates for their a large number of men and women becoming a
children on the basis of family status, culture, part of the informal sector. Informal labour is a
caste, dowry while children give importance to labour which usually works on contract with
education, character, and physical long working hours. They do not get other
appearance. Recently, there is also an labour benefits and are extremely underpaid.
increasing rise in the trend of matchmaking Thus, having no social security other than a
through internet websites. In a study „Surfing contract job this puts severe stress on family
for Spouses Marriage Websites and the „New‟ and marriage at large.
Indian Marriage?‟, Ravinder Kaur (2013) Women are now increasingly
observes that there is an increasing use of the participating in the job market. They too form
internet for matchmaking as it expands the a part of informal labour. However, though
horizon over which brides and grooms can be women work „outside‟, their roles and
surfed for. She also states that though the responsibilities within the home do not
internet, is an aspect of „modernity‟ (as it undergo any change. As a result, they work in
expands choice and possibilities and „double shifts‟ i.e. both inside and outside the
overcomes barriers of geography and physical home. This adds to the stress in marriage as
location), this modernity does not encompass men do not contribute to the household work.
As women are becoming increasingly

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 Indian LegalStudies-Kolkata Entrance – 1st semester
economically independent, they do not suffer
unjust treatment meted out to them from their
in‐laws.
Disintegration of joint family to
nuclear family forces the couple to rely on
other specialized agencies in day to day work
or on friends and extended family. Presently
there are specialized agencies like day care
centers for children and old, activity classes,
counselors, which aids couples for smooth
functioning of day to day affairs. It should be
noted that there are increasing number of
baby crèches that are providing 24 hours
service, which is in response to working
women who work in shifts at call centers or
MNCs.
Marital counselors are increasingly
playing a crucial role in sustaining marriages
these days. Earlier parents and relatives
played a crucial role in case of marital crisis
but in the last three decades the nature of
marriage has undergone so many changes that
they are unable to grasp the complexity of
contemporary marriage. As a result a
specialized professional counselor is needed.

Notes by Adv. Writwika Dutta, ILs- Kolkata (Ph. NO.- 8167806982) Page 5