AMITY LAW SCHOOL
SOCIOLOGY PROJECT WORK
TOPIC :“ the contemporary changes in Hindu marriages in modern India.”
Submitted by- Submitted to-
Mr.Akshat jaiswal. Dr.Ritu Agrawal.
B.ALLB(H) Semster 5 th
Section-B
Enroll-A8111118016
Content
1. INTRODUCTION.
2. Objectives of The Study .
3. Changes Occurring in the Marriage patterns.
4. Emerging new institutions.
5. Modern Changes in the Hindu Marriage
6. Conclusion.
7. Suggestion.
Introduction
The topic of the present thesis is “The Changing Concept of
Hindu Marriage in Modern India with Special Reference to NRI Marriages ”.
1
The concept of Hindu marriage goes much deeper than just man-woman relationship. It has
been called an essential Sanskar as it imbibes the entire humane ethos of Hindu culture from the
birth of human life, endurance through trials & tribulations of married life and the destiny of
future generation even after death of married partners. Hindu marriage, thus, is a social
institution different from an individual private affair as in the west.
Family system in Hindu society is not just for man –woman relationship, it is for procreation,
healthy rearing of children, psychophysical sustenance, economic security, cultural continuity
down the generations and strengthening the foundation of human society as a whole.
The advent of civilization, with the twin slogans of individual rights and individual liberty of
choice, has put a question mark on marriage as a social institution. It has been projected as a
stumbling block to individual progress and personal dignity. Socio economic pressures due to
rising ambitions of high-tech life styles and westernization of modern society has given a new
meaning to individualism and liberty of the young generation waiting to set up a married family
life. Minor element of resentment, frustration and betrayal becomes an important factor in
marital breakdown.
1
Afzal, S.( 2009). To estimate an equation explaining the determinants of dowry.IUR Journal of
Social Sciences and Humanities.1:33-47.
Hindu society is a pluralistic society that grants freedom to everyone to choose one’s way of
life. To investigate the concept of marriage in such a society was not an ordinary task. Still I
have tried to cover as much variety of social groups as was possible for me to do. As I ventured
into the subject, I realized that marriage and marital relationships have to be studied from multi-
dimensional aspects viz. social, personal and legal points of view, as no other law affects the
individual life of a person as much as the marriage and family laws. There is very little
sociolegal research on Hindu marriage as an institution.
Objectives of The Study
This study has been undertaken with the basic objective to analyze legislative and social
provisions regarding “The Changing Concept of Hindu Marriage in Modern India
Changes Occuring in the Marriage patterns
a. Changes in the Forms of Marriage: Though in the traditional Hindu society, monogamy was
the prime form of marriage yet polyandry, polygamy, bigamy and marriage by exchange were
quite popular. Now over the time polygamy, polyandry and exchange marriages have severely
declined and monogamy is being followed by most people of Indian society.
b. Change in the Aim and Purpose of marriage: The traditional Hindu marriage consider
“dharma” as for performance of religious duties.Earlier the marriages were to perform the sacred
duties and functions. The prime function was to become kins and protectors of the family. With
the advent of variety of factors like mass media, consumerism, globalization the sacred types of
relations are turning fade.The aims and purposes have changed their meaning from respect,
faithfulness, sincerity to lessrespect, greed and unfaithfulness etc .
c. Change in Process of Mate Selection: 2In olden times, parents usually selected the spouse
and there was hardly any say of the girl. There are numerous stories and stocks which support
that parents used to marry their daughters according to their own will. Now due to various
factors like increasing education among girls, urbanization, economic independence etc children
are consulted in marriage matters and even girl and boy talk and try to know the views of each
other before executing marriage ceremonies. The Indian system therefore crumbled when forced
by changing reality in the form of extended education of girls, the effect of this on raising ages at
marriages and making the choice of spouse themselves (Cadwell, 1992). The marriages which
were earlier held by middlemen are now replaced with matchmaking agencies and the
advertisement by newspaper and various social networking sites (Jones,2010).
d.Change in the Age at Marriage: When one goes to age at marriage in India, it comes out that
children used to get married at early age and it was more in case of girls. In some specific cases
like Rajasthan girls were married at very early age i.e. age of 3-4 years even when they did not
know the meaning of marriage. The marriage system was heavily dependent on arranged
marriage at an early age in the traditional societies of India. The sexuality of women needs to be
carefully controlled to uphold the honour of the family husbands and wives should not to be too
emotionally attached, as this could threaten the unity of the patriarchal family (Jones, 2010).
Early marriage helps to protect young women’s chastity, marks a clear break from their natal
families, makes them more likely to accept the structure of authority in their new family and
weakens the husband-wife bond (Reddy, 1982).Now due to arrival of various factors like
technology and awareness among girls there is a big change. Legally, the age for girl’s marriage
is 18 years and boys 21 years. Further due to arrival of professional education, children are busy
in studies for a longer time and hence marriages get delayed in 25-30 years. The trend towards
late marriage is associated with the socio economic changes that enhance the status of women by
increasing educational and employment opportunities (Puri ,1999). It has played a major role in
determining the growth rate of population through its linkage to marital fertility. The delayed
marriage makes considerable difference in lowering fertility rates. The fertility rate in India in
1970 was 5.6 which has reduced to 2.8 in 2008. (World Bank Report, 2008).
2
Allen B. and Grow M (2001) Anatomy of Love: The Natural History of Monogamy, Adultery, and
Divorce. Simon & Schuster. New York
e.Change in stability of Marriage (Increase in Divorce Rates)
In the olden times institution of marriage was quite stable and hardly any divorce was
noted. Fear of kinship system, strong social codes, never allowed married couples to break up
marriages even if they want to live together or not. In the past divorce carried a considerable
stigma and the pressure for the sake of the children and also for the sake of appearances and
family honour, was very strong (Goody, 1973). Now due to legislatives, education, technology
advancement and more awareness has changed stability in the institution of marriage. Divorce is
increasing in society across the globe. In the agro based states like Punjab and Haryana there is
increase of 150% since last decade and in Kerala known as most literate state there in an increase
of 350% divorce rates since last decade. Love, personal commitment and intrinsic satisfaction
are now seen as the cornerstone of marriage (Allen and Grow, 2001)
f. Change in field of selection (Increasing number of Inter caste Marriage )
Until sometime back, marrying a person belonging to some other caste or religion was
not permitted by the families. Kapadia (1982) conducted a study on intercaste marriages in India
and the data revealed that more than fifty percent parents expressed their willingness to allow
their children marrying outside their own caste. Only one third were against this departure from
custom.
Afzal (2009) found that thereligion plays important role in intercaste marriage. Women
belonging to Muslim and other religious group were less likely to have intercaste marriages than
Hindus. Also working women were more likely to have intercaste marriage than non-working
women in Punjab.
g.Change in Economic Aspects of Marriages
Marriage is often held in cities as a social or a civil ceremony than religious ceremony . The
concept of Indian wedding has seen drastic changes, over the last few years. In the past, the
ceremony was a family affair, confined to an economical budget, even though the guest list was
long. On the contrary, in the present time, the occasion is generally celebrated in an elaborated
way, with number of rituals that are conducted before, during and after it. A long guest list,
colorful and extravagant venue, lavish feast and a series of rituals are the key ingredients of the
'big fat Indian wedding' that we see today. In many cases, the wife's family is expected and
obliged to provide a substantial dowry at the time of marriage and thereafter to continue to make
presentations to the husband's family. (Miher, 1988). Huge amount is spend on ceremony to
make it a ‘grand gala’. Money is spent lavishly for decorating marriage mantaps, arranging grand
dinner, take- home sweets, music orchestra, video-shooting, photography, marriage processions
etc.
Factors responsible for changing marriage patterns:
1. Economic factors: Changes in marriage institution are clearly related to the remarkable
development in education, increasing urbanization and involvement of women in economic
activities outside household. People have started “going out of the family” for work and women
also have joined men in process of finding out jobs and earning money. This has boosted self-
respect and self- confidence of women. These developments have affected the institution of
marriage (Kapadia, 1982).The another factor is affluence materialism. Through technological
improvements the living standards and real purchasing power of individuals have been enhanced.
The primary effect of this increased affluence of marriage breakdown is that people can better
afford the expenses of divorce which include not only legal fees but also the cost of maintaining
a second home and added cost of recreation for the children(Afzal, 2009).This all is an indication
towards changes occurring in institution of marriage.
2. Social factors: In the past, there were joint families in which there was interdependence of
family members and there was closely interacting community. In the transition, today’s highly
urban and affluent society, work patterns have become more differentiated reducing the necessity
to interact with the community. This pattern has given rise to individualism (Sonawat,
2008).There is a sense of ‘Systemness’ this is concept of functional theory which describes how
society becomes increasingly complex through structural differentiation and specialization. Now,
the society is characterized by high degree of specialization in terms of employment, education,
health care, transportation. Prior to this specialization the family served the economic,
educational, recreational, health care, procreative, protection and affection roles for its members.
Gradually, through industrialization these responsibilities have been taken from family and
institutionalized outside the home ( Sinha,1984).The institution of marriage has gone a
tremendous change as there is a great change in living condition, values, norms and traditions in
the patriarchal society girls had no say in the family matters especially in marriage affairs.
Earlier they could not interfere or raise any question even if their own marriages were fixed. In
the past, the divorce was seen as ‘Stigma’ but now the time has changed. Girls are openly
coming forward with the views starting from selection of mate and have full rights for divorce if
the marriage is not successful.Other things such as changes in the public perception are often
referred to in the vernacular as ‘changing times’. People have now become more self centered
and sense of individualization is pulling them away from traditional norms of marriage and
forming household without legal marriage (Herzberger,1993).
3.Psychological factors: In the past, for women the greatest personal achievement and source of
reward was to be married, raising children and ensuring an optimal home and family life. No
other life content could provide the same sense of personal worth. For men self fulfillment lay in
maintaining good employment, marrying the woman of their dreams and providing financial
support to their family. Men and women have clear cut idea of their respective roles. However
increasing urbanization, institutionalization of family roles, technological improvements in home
care products and increased affluence reduced the potential of home life to provide stimulation
and feelings of worth from satisfactory personal achievements. (Hines,1997). In addition, the
ethos of individualism encouraged both men and women to realize their own potentials. The
growing economic independence of women led to demands for more egalitarian family norms in
the areas of child rearing, decision making, finances and household tasks. These changes in
family norms and role expectation brought increased friction into homes due to departure of
established patterns. Women grapple with the desire to have both career and children so there is
conflict in marital relations and disturbed domestic life.
4.Technological factors: 3The arrival of new technology has also been emerging as a new factor
for generating changes in the institution of marriage. Earlier there used to be the joint families in
which grandparents and other senior members had control over the juniors but now there are
nuclear families in which both the parents are working and children are ignored to a great extent.
They do not have any surveillance on them and they become isolated and take support of mass
media and others technologies such as computers, mobiles, television etc. They make use of
Cadwell, J.( 1992). “The causes of marriage change in South India,” Population Studies3: 343-361.
3
networking sites which make them away from family members but closer to outer world
(Kolenda, 1987).
5.Legislative factors:The legislative measures taken by the government in the last 50 years or
more has helped to changed the nature of institution of marriage as now legal safeguards are
provided in marriage which were not part of traditional Hindu society.Many of the beliefs, values
, ideals and rules of marriage laid down by the Hindu Shastrakarashave lost their original
meaning and importance and purpose now. During the British rule and also after independence
legislations were passed in order to bring about desirable changes in the Hindu Marriage system.
The laws were related to: (i) age at marriage (ii) field of mate selection (iii) number of spouses in
marriage (iv) breakage of marriage (v)dowry to be taken and given (vi)remarriage. Various
inhuman practices associated with the marriage such as the practice of sati has been removed by
law. Legislations have not only abolished child marriages but also fixed the minimum
marriageable age for boys and girls as for girls are 18 years and boys 21 years. The legislations
have also made clear the selection in marriage that is, who should marry whom. They have also
legalized intercaste and inter-religious marriages and have made provision for registered
marriages. Legislations have made provisions for divorce. Equal rights are conferred on men and
women in this regard. (Rao, 2004)Legislations have also specified the conditions of
divorce.Legislations have also been undertaken to give special protection to women preventing
the exploitation of their helplessness and weaknesses by others. In order to loosen the tight grip
of the patriarchal values over the joint families legislations have also been undertaken providing
equal opportunities, privileges, rights and facilities even to women.
4
Emerging new institutions
Besides Shift in Age, education, caste,dowry and divorces there are some structural changes in
the marriage pattern which have a great impact on the society. Though limited in number but in
metropolitan cities and urban areas there are occurring some other serious problems which are as
follows:
4
Coontz, S. (2005) Marriage, A History: From Obedience to Intimacy or How Love Conquered
Marriage.
New york
Gay relationships/ Lesbians
Though it seems as a shock to the Indian society but gay/ lesbians are emerging in India at a fast
rate. According to a report by NGO there are thousands of gay/ lesbians in metropolitan cities of
Indian society. It is a kind of relationship where the same sex persons marry to each other. In
2004, the Civil Partnership Act has given same sex couples similar legal rights to married
couples in respect of pensions, inheritance, tenancies and property. Though this kind of emerging
instititution is not conducive for the smooth working of the society and thus marriages follow a
different pattern than in traditional societies.
Cohabitation
The young people may find marriage less important because premarital sex is becoming
increasingly acceptable. Cohabitation is when the couple moves from dating to living together
which may or may not lead to marriage(Manning, 2007). Today, it is more socially acceptable
for couples to begin a sexual relationship ,set up a home and have children outside formal
marriage. Since 2002, cohabiting couples have had the same right to adopt as married couples.
One-Person Households
When one person establishes his family is the one person household. People are now more self
centred. Men as well as women want to establish their own identities by independently
establishing households. There are almost three in ten households (6.8 million people) who are
one person holded houses(World Bank Report, 2008).
Living apart together’
It is Commonly seen in the western countries where the people though being married are living
far from each other. As people are getting more isolated and have greater egoistic attitudes they
don’t want their privacy to be interfered so they adopt the path of Living apart together. In 2008,
according to a survey by British Social Attitudes it was noted that every 1 in 10 adults are ‘living
apart together’ or ‘LATs’.
DINKSyndrome (Double Income no kids)
5
The term was coined in the 1980s at the height of “yuppie" culture. The post-2000 economic
crisis have solidified this social trend as more couples wait longer to have kids, with one in five
choosing not to have them at all. People don’t want to take responsibility of the kids and want to
enjoy their life without any tensions. They find the kids as the additional responsibility.
Modern Changes in the Hindu Marriage
Due to the influence of Western culture
and English education, the Hindu marriage system has undergone considerable
changes. Some of the important ones are:
Marriage is not held as compulsory: 6
1. In the Hindu society formerly marriage was considered to
be absolutely compulsory for both males and females. According to Hindu
scriptures, a person who does not beget a son through marriage cannot attain
heaven. No man could perform ‘yajna’ without a wife. Marriage, therefore, was
necessary even for religious purposes. But, due to the influence of Western
culture, many males and females do not consider marriage to be necessary
these days. Due to economic difficulties also some persons do not enter into
matrimony. The modern educated Hindu girl is not ready to accept the slavery of
males. The educated men and women do not believe in the ancient religious
values and therefore do not consider marriage to be necessary.
2. Breaking of the taboos of Sagotra and Sapravar marriage: 7Ancient Hindu tradition forbids the marriage
of persons belonging to the same Gotra and Pravar. This very much restricts the
field of choice of mate. Therefore, at present, the educated persons are gradually
violating the restriction. It has been also rejected by law.
3. The opposition of Child Marriages: In medieval India, the custom of child marriage was very
much in vogue. After the passing of the Sarada Act, child marriages have
become illegal. Another factor leading to the restriction of child marriage in Hindu
society is a tremendous increase in women’s education. The boys do not marry
early because of late settlement in career.
5
Cadwell, J.( 1992). “The causes of marriage change in South India,” Population Studies3: 343-361.
Desai, M. (1995).Towards family policy research.I J of Social Work 56:225- 231.
6
Academike, Cultural India
7
https://www.theweddingbrigade.com/blog/evolution-hindu-marriage-trends-indian-history/
Permission of Inter-caste Marriage:
4. Formerly, inter-caste marriage was considered to be wrong
in the Hindu society. It has now been legally permitted. With the increase of co-
education, women’s education and the democratic ideal of equality and liberty,
inter-caste marriages are now considered to be signs of forwardness.
5. Permission of Widow Remarriage: due to the untiring efforts of the social reformers and
educated person widow remarriage is no more considered to be wrong in Hindu
society. Consequently, its incidence is now on the decrease.
6. Prohibition of Polygamy: Formerly, a man was allowed to marry several women in order to
get a son. With the increase of women’s education, the ladies are demanding
equal rights in marriage. The Hindu Marriage Act of 1955 has declared polygamy
to be illegal. No one can marry a second time, while the former spouse is alive.
7. Provision for Divorce: The Hindu Marriage Act of 1955 has introduced a significant
change in the institution of Hindu marriage by permitting divorce under certain
specific circumstances.
Love marriage
Mutually fixed/ consented marriages are basically of three types:
8. Between same caste– intra-caste & intra-faith marriages
9. Inter-caste marriages
10. Inter-faith marriages
8
Love marriage is a misnomer because love in matrimonial context is sexual interplay,
which includes dating, courtship, live-in arrangement, infatuation, and even sexual
contact/ violence. Any of these may or may not fructify into a solemnized legal marriage.
More often than not, this results in a void, voidable or bigamous marriage than a legal
marriage. From a legal point of view, these relationships or marriages form a great
chunk of matrimonial disputes and matrimonial violence. In love marriages or self-seek
matrimonial alliances, sexual relationships or even courtship before marriage are quite
common. Both of these aspects have grave legal implications. Therefore, the utmost
secrecy by both partners sometimes lands them into the arena of criminal offenses.
Live-In Relationships
More and more couples are going in for live-in relationships, not only celebrities but
even middle-class couples are choosing to live together for various personal or social
reasons. Some of these reasons are: society and families no longer frown upon ‘live-in
relationship’ as much as before and couples who do not wish to make lifelong
commitments prefer to live together before getting married. Others say that they need to
know each other better before they tie the nuptial knot. Yet others live together due to
8
Law of Marriage And Divorce in India, B.P Leri.
circumstances such as work requirements or for saving money by keeping one house
rather than two. Lastly, young men and women live together because they no longer
believe in the traditional sanctity of marriage.
Conclusion
Changes are bound to occur and institution of marriage is also experiencing many changes.
Technological, economical, new educational patterns and changes in life styles, are major factors
playing profound role in this change. With the passage of time the age at marriage, process of
mate selection, aims and the purposes of marriage , trends of divorce rates and the economic
aspects of marriage have undergone a tremendous change.There are definitely serious
consequenses of the changing marriage patterns as the increasing age at marriage makes a
considerable difference in lowering the fertility rates. Various factors such as the social,
economic, psychological, technological and the legislative play a great role in the change of
marriage institution. As people are becoming more independent in the wake of liberalization,
consumerism and its generation of unreal aspirations have increased the gap between desires and
their fulfillment.Further, the new values made acceptable, or even desirable by such
consumerism are “getting rich quick in any way possible”. In such a setting the existing unequal
power relationships within the family become a channel for acquiring wealth quickly at any cost.
Conflicts in this institution are also emerging due to the interaction of tradition with
modernity .New patterns in the marriage like Gay , Cohabitation etc. are also emerging in some
places which may have more effects in the coming time. Though these new trends are observed
today the importance of marriage has not diminished. It is still universally practiced. Though its
sanctity is affected a little, it is not reduced to the level of a mere civil contract. Hindu men and
women are still emotionally involved in their marriages.
SUGGESTIONS
The traditional concept of hindu marriage is based upon psychobiological rules and is
regulated by religious dictates of morality and humane considerations. However in recent
times, individualism and egoistic mindset has upset the marital harmony resulting in marital
discord of every variety. Thus, by understanding the Hindu Marriage: A Changing Concept
Among Youths In Modern Times one can formulate social as well as legal strategy to preserve
this all important marriage institution. Preventive and remedial measures should be taken.
There can be no better way than to educate the new generation at early age. Education at
school and college level should include moral human values. Public education should aim at
preserving the sacramental nature of Hindu marriage as it is in the interest of spouses, family,
children and society at large. Media, electronic as well as print media should be exhorted to
follow social norms. An educational program of marriage counsellors with social, psychological
and legal curriculum rooted in Hindu ethos, distinct from western psychologist, should be
mooted at university level. A system of marriage counsellors, instead of horoscope, should be
propagated in society.
Changes are bound to occur and institution of marriage is also experiencing many changes.
Technological, economical, new educational patterns and changes in life styles, are major factors
playing profound role in this change. With the passage of time the age at marriage, process of
mate selection, aims and the purposes of marriage , trends of divorce rates and the economic
aspects of marriage have undergone a tremendous change.There are definitely serious
consequenses of the changing marriage patterns as the increasing age at marriage makes a
considerable difference in lowering the fertility rates. Various factors such as the social,
economic, psychological, technological and the legislative play a great role in the change of
marriage institution. As people are becoming more independent in the wake of liberalization,
consumerism and its generation of unreal aspirations have increased the gap between desires and
their fulfillment.Further, the new values made acceptable, or even desirable by such
consumerism are “getting rich quick in any way possible”. In such a setting the existing unequal
power relationships within the family become a channel for acquiring wealth quickly at any cost.
Conflicts in this institution are also emerging due to the interaction of tradition with
modernity .New patterns in the marriage like Gay , Cohabitation etc. are also emerging in some
places which may have more effects in the coming time. Though these new trends are observed
today the importance of marriage has not diminished. It is still universally practiced. Though its
sanctity is affected a little, it is not reduced to the level of a mere civil contract. Hindu men and
women are still emotionally involved in their marriages.
BIBLIOGRAPHY
1. Podgórecki, Adam 1974 Law and Society,. London, Routledge.
2. Pound, Roscoe. 1943. "Sociology of Law and Sociological Jurisprudence." University of
Toronto Law Journal 5.
3. Nelken, David 2007 "Culture, Legal" in Clark, David S.4ed Encyclopedia of Law and
Society: American and Global Perspectives. London: Sage, pp. 369–70.
4. Nelken, David (2004) "Using the Concept of Legal Culture", Australian Journal of Legal
Philosophy vol 29.
5. Nonet, Philippe and Philip Selznick (1978) Law and Society in Transition. Toward
Responsive Law. New York: Octagon Books.
6. Papachristou, T.K. ,1999, "The Sociological Approach of Law". Sociology of Law.
Athens: A.N. Sakkoulas Publishers.
7. The Nordic Journal of Law and Justice
8. Podgórecki, Adam 1980 "Unrecognized Father of Sociology of Law: Leon
Petrazycki." Law and Society Review 15: 183-202.
9. Venugopal, T. K ,law and society, sociology for law students, eastern book company,1st
ed ,1988, p. 221-244
