Marriage in Hinduism

In India, subject to the Family and matrimonial law of religious affiliation. The legal framework for the Hindu marriage are recorded in the Hindu Marriage Act of 1955. In some respects, reference is explicitly made ​​to Hindu traditions and rituals ( Saptapadi ). In many aspects, the present laws include a drastic departure from traditional values ​​of classical Hindu law.

Classical texts

Marriage is defined in the classical texts of Hinduism ( Dharmashastras ) as a holy sacrament ( Samskara ). The bond between husband and wife is regarded as a law of nature, and both are considered under the law as a person. The formal handover of the bride by the father (Sanskrit, Kanyadan, literally, " gift girl " ), and the seven-time encircle the sacred fire by the bride and groom ( Saptapadi ) have essential significance for Hindu marriages.

Eight forms of marriage are in the Manusmriti ( between 200 BC and 200 AD) described, four of which the dharma ( cosmic law ) and shall comply with the other as lawless. The Brahma rite is described as the ideal form:

The daughter shall be equipped with a dowry. The bride price, however, is rejected ( at least for the upper box). This is deemed a sale of the subsidiary.

For the first marriage of a " twice-born " man ( Brahmin, Kshatriya, Vaishya ) the marriage within one's own caste is recommended. For a second marriage ( second wife ), the next lower caste comes into question. Polygamy was permitted. A marriage between a Brahmin and a Shudra woman is rejected:

The remarriage of widows is not desired in the Manusmriti.

The Arthashastra ( 4th century BC ), however, devotes an entire chapter to the question of the financial situation, when a widow remarries and expresses no prohibition of widow marriage. Also described stridhan ( स्त्रीधन, literally: Woman assets), the dowry.

After the Mitakshara (12th century) are the male members of the family overall co-owner at the family estate, which manages the father or other testator. The estate has only a distribution that, in which it already has content ( "joint family system ").

Legislation

Historical development

The legislation for marriages of Hindus began in 1829, when the widow burning ( sati ) was abolished at the initiative of Ram Mohan Roy.

The Hindu Widow's Remarriage Act of 1856 legalized the remarriage of widows. The Indian Penal Code ( Penal Code ) of 1860 outlawed polygamy. The Native Converts Marriage Dissolution Act of 1866 facilitated the divorce for Hindus, who had embraced the Christian faith. The Special Marriage Act of 1872 introduced the optional civil marriage, however, did not apply to Hindus. The law prescribed a minimum age of marriage for girls from 14 years and led a monogamy. The Indian Divorce Act 1869 adopted governed the divorce, however, was applied only to Christians.

1894 in Mysore, a law was passed that punished men, the girls married under eight years and men over 50, the girls married under the age of fourteen.

In the amendment to the Special Marriage Act of 1923 civil marriages between spouses of different religious backgrounds ( Hindus, Buddhists, Sikhs and Jains ) are regulated. 1929, the Child Marriage Restraint of Child marriage Act was passed to combat, which requires a marriage for girls aged 18 years and for boys of 21 years.

The Arya Marriage Validation Act of 1937 recognizes the legality of marriages between different castes and marriages to converts to Hinduism among the followers of the Arya Samaj.

The Hindu Marriage Disabilities Removal Act of 1946 legalized marriages between certain sub-castes ( sub-groupings of jatis ) and within one's own gotra (clan ) and the Pravara ( family). In the Hindu Married Women 's Right of 1949 women gain the right to a private residence. The Maintenance Act is passed. The Hindu Marriages Validity Act of 1949 legalized inter-religious marriages.

Current situation

In the developed under Jawaharlal Nehru renewal of Hindu family law several older laws of the colonial period were included with that were obsolete by it.

The Special Marriage Act, which in 1954 was re-adopt, allowing civil marriage for all Indians, regardless of religious affiliation. It provides, inter alia, the legal basis for interfaith marriages. The marriage is registered with a "Marriage Officer".

The codification and reform of the Hindu family law was not until the second attempt, by giving up the idea of a true Hindu Code and instead four coordinated pieces of legislation adopted: In 1955, the Hindu Marriage Act is introduced, and in both houses ( Lok Sabha, Rajya Sabha ) adopted. This specifies that the groom at least 21, the bride must be at least 18 years old. Marriage can after performing the Hindu ritual in the Hindu Marriage registers are registered; but this is not mandatory.

1956 follow the Hindu Succession Act ( estate) of the Hindu Minority and Guardianship Act ( parental rights ) and the Hindu Adoptions and Maintenance Act ( adoption law ).

The also planned abolition of the undivided family community in its most common form ( Mitakshara Joint Family) had to be abandoned in the face of conservative opposition. This core of the agrarian- traditional Hindu society, with the restriction of the co-owner position to the male descendants remained in the inheritance received and with it the institutional background of the dowry system. Meanwhile, you could not previously be gentleman with legal prohibitions (The Dowry Prohibition Act of 1961) and, more recently draconian penal provisions against the increasing dowry murders.

Apart from the family law reform brought significant changes, notably the same woman inheritance in inheritance, the abolition of all caste for marriage, the introduction of monogamy as equally binding on all box and on the other hand, the possibility of judicial divorce. A later Amendment Act ( 66/1976 ) also complemented the principle of fault by the disruption principle.

The changes in the Hindu Succession Act of 2005, women in inheritance law the same, even in relation to agricultural property.

Sikhs, Buddhists and Jains, as a follower of Hinduism emerged from the faiths, are also recognized by the Hindu Marriage Act. For Muslims, Christians and Parsis have their own laws.

Rituals

In Hindu society with the different traditions there are to marry very different ways. The domestic India Hindu Marriage Act does not dictate a ritual for the Hindu marriage, but emphasizes the ritual used must be recognized in the relevant "community" ( = caste, jati ). The law goes on to say that the marriage when applying the Saptpadi ( seven-time walking around the fire ) in the seventh Orbiting is final. ( Registration is still recommended )

Today's best-known and most widely used form of marriage is the so-called Brahma wedding, the first in a list of eight that the most important Hindu lawgiver Manu has recommended. Precisely it is very expensive in the preparations and in the implementation and therefore often lasted several days. Today, however, it is usually limited to a few hours or when the preparations of the bride and groom, such as the purification rites, be scrupulously observed, to two days.

The festival is hosted by the bride's family and usually takes place under a canopy in the courtyard, or in a specially erected tent. Focus of the events is a Hochzeitsyajna, in which the participants sit around the fire pit around cross-legged. A priest conducts the ritual and recited sentence by sentence Sanskrit mantras which repeat those involved. Ritual to the bride 's father his daughter to the groom in Kanyadan ceremony: He puts his hands the two together over a pitcher, wrapped it with a flower garland and a red cloth ( very similar to the joining of the hands of a Catholic bride and groom by the priest ) blesses, it with Ganges water and pray for God's help. For a good beginning, he invokes the name of Ganesha and then the name Kamas, the god of love. Later women knot the saree of the bride along with one end of the shoulder cloth of the groom as a sign of matrimony. This node is an important feature: Commonly it is said by someone who is about to marry: "He / she will now make the knot. " Later, the couple large flowers chains depends mutually around the neck. Then the priest lit the fire under prayers, which now represents the presence of the divine in the form of Agni. After some other ceremonies, which can be quite different in the traditions, and finally comes the most important part of marriage: Saptapadi (Sanskrit, f, सप्तपदी, literally: seven steps ) is the most important ritual that is already mentioned in the classical texts. This peak connects the pair forever. Seven times the couple goes around the sacred fire, linked together by the towels. The higher the caste, the more usual Saptapadi, lower castes originally had different customs regarding marriage, but slowly adapted themselves also here the ideal of upper castes to. The tradition can usually precede the man, while the ancient scriptures to see him behind the woman. Finally, he spotted her consecrated red color, sindoor, on the vertex and a point on the forehead, which they will wear from now on always be an important sign of blessing of the married woman. She expresses her consent with mantras from: "You're welcome! "

A good insight into the Hindu understanding of marriage allowed Pani Grahan, the prevalence ceremony. Here, the man takes the right hand of the woman in his hands and speaks the following words:

"I take your hand, we may be happy. May you live with me, your husband live long. The gods have given you to me, so you rule my house. You 're the queen of my house. I am Samaveda, you the Rigveda. I am heaven, O earth. Come on, let 's get married! " Then: "I'll take your heart in mine. May our thoughts be one! May God unite us! "

Mostly after three days, the man takes his wife then to his house, where she received the residents with butter lamps, incense and flowers blessing. Often there is again a great wedding feast. That was the time of the child marriages that ceremony, bringing the now grown-up girl was admitted to the groom's house in order now to complete the sometimes closed before years of marriage. The women prepare the young couple takes a romantic marriage start by decorating the bridal bed over and over with flowers, the obligatory flower bed.

Earlier, the couple often looked at the fire for the first time. You dared to parents that they had chosen the right partner. Today, young people usually have the ability to see beforehand, the urban youth and may meet with the prospective partner usually, and, where appropriate, refuse the proposed election. More and more young Hindus are looking for in the meantime their partner or their partner from himself.

Hindus in India who want to get married without a Hindu ritual, it can under the Special Marriage Act do ( without thereby losing its status as a Hindu ). It is a civil marriage ( the "Marriage Officer" of the district ), which requires no religious ritual.

Dowry

The Dowry Prohibition Act of 1961 prohibits paying a dowry, leaves gifts to the bride to the wedding, however, expressly. Dowry is defined as possession or valuable securities, which are passed or they agree on the transfer thereof to, whether directly or indirectly. Dowry demands are also punishable.

The dowry was originally in the form of "women's wealth " ( stridhan ), usually in the form of gold jewelry, determined solely at the disposal of subsidiaries. It was for the husband as a disgrace if he sold this woman money. This should be done only in an emergency and, with the consent of the woman, if it was to avoid the sale of land of which the family lived.

Over time, the dowry was extensive, it was convenient to the price you paid for a befitting groom.

In the lower box, in which the woman always works itself, the dowry is unknown, here is a bride price is paid. Since the bride price is a typical feature of a low castes status, have many families who hold something up, already converted, and call " wedding gifts " for their sons.

The fact that according to inheritance daughters are entitled to inherit, while still dowries are common causes daughters are considered " losing proposition ."

The term Stridhana is mentioned in the classical texts several times:

• The Stridhana a wife consists of amount for their maintenance and their jewelry. The former is said to have the shape of a equipment status of at least 2000 Panas. There is no limit to the number of jewelery (AS 3.2.14,15 ).
• Each dowry that is paid is to go to the father or to the mother. You are only entitled to a dowry. If at remarriage, a second dowry is paid to the woman they receive (AS 3.2.11-13 ).

But also includes the gifts of the husband during the marriage and the wedding gifts of the husband to the bride's family to Stridhana.