Abstract

As a social institution, marriage has been an integral part of Indian society for millennia. Over the years, it has undergone a profound transformation, shaped by cultural, religious, and socioeconomic factors. This study explores the evolution of marriage in India from ancient times to the modern era.

The research delves into the historical context, tracing the roots of marriage practices in ancient Indian civilization. It highlights the traditional concepts of arranged marriages, where families played a significant role in selecting life partners, and caste, religion, and socioeconomic status were crucial considerations.

The paper then examines the impact of various foreign invasions and conquests on Indian matrimonial practices. External influences, such as those from Persian, Arab, and European cultures, brought forth changes in customs and introduced new matrimonial norms.

Furthermore, the study sheds light on the impact of colonialism on Indian marriages during British rule. Colonial administrators attempted to impose their own legal frameworks, leading to significant changes in marriage laws, inheritance practices, and gender roles.

As the Indian independence movement gained momentum, there was a gradual resurgence of traditional values and a call for social reforms. This period witnessed the rise of prominent social reformers who championed causes like widow remarriage, abolition of child marriages, and promotion of education for women.

Post-independence India saw a complex interplay between modernization and traditional values. Urbanization, education, and economic growth led to shifts in marriage dynamics. Young Indians began asserting their choices in selecting life partners, and love marriages emerged alongside arranged marriages.

Moreover, the study examines the influence of globalization on the institution of marriage in India. Increased exposure to diverse cultures and ideas, as well as advancements in communication technology, have further influenced the choices and expectations of individuals in the context of marriage.

Throughout the centuries, the concept of marriage in India has evolved from a rigid social arrangement to a more flexible and individual-centric institution. This research attempts to analyse the factors that have shaped this evolution, underscoring the role of culture, religion, colonialism, social reform, modernization, and globalization.

In conclusion, the evolution of marriage in India reflects a dynamic interplay between tradition and change. Understanding this historical progression is crucial for comprehending the current state of marital practices and anticipating future developments in the country’s diverse and culturally rich society.

Introduction

Over the years marriage as an institution has evolved a lot. This is not a fundamental changebut has happened gradually over the past century. Our leaders defined marriage very differently. Every generation understands the term marriage differently. The changes we now accept in marriage were once controversial. Years ago, no one would have accepted the idea of ​​gay marriage, but now the judges have declared it legal in almost all countries. Also, each religion has its own laws regarding marriage. The main purpose of marriage as a legal contract has remained unchanged today, but the law has changed as society has evolved.   In Urban India, most people can now exercise their right to remain refused until they find their ideal partner, so parents can give their children control of their lives.  

Definition: A single explanation cannot cover all types of marriages between people. Thereare many definitions and explanations.

Here is one of them – according to a sociologist named H.T Mazumdar, “Marriage is a socially sanctioned union between a man and a woman to form (a) a family (b) sexual relations (c) procreation and (d) take care of offspring. ”  

Legal Preview:

The right to marry is part of the Right to Life of the Constitution of India which states that “no one shall be deprived of life or liberty except as required by law”. The Universal Declaration of Human Rights, 1948” recognizes this right. Stated in art. 16 of the same-

1. All men and women of full age have the right to marry and found a family, regardless of race, ethnicity, or religion. They have equal rights in marriage and after marriage.  
2. Marriage is concluded only with the free and full consent of the prospective spouse.
3. The family is the natural and necessary group of people in society and has the right to protect people and the state.

The latest case in India is the Hadiya case, which brings up the matter of the right to marry in India.  

Kerala has the highest literacy rate in India, but this becomes a point of contention when a girl wants to change her religion and marry someone of her choice.
Hadiya, a girl in Kerala, decides to become a Muslim and marry the man she loves. However, her family did not like her decision and when she refused to comply with her wishes, her family filed a lawsuit in the Kerala High Court.
Kerala High Court annulled Hadiya’s marriage and granted custody of Hadiya to her family, even though she was an adult at the time. “We are not sure it is safe for Akhila (Hadiya) to decide what she wants from life,” the court’s shocking decision said.
Indian women aged 18 can vote, drive and work. Therefore, she must decide for herself what she wants to do. The matter was referred to the Supreme Court of India.
A three-judge bench ruled in Hadiya’s favor and decided that as an adult she was free to decide what religion she belonged to and whom she wanted to marry.J. Dipak Misra said, “If two adults want to get married, no one has the right to interfere.”  
Thus, the marriage made by the will of the parents becomes a couple and is recognized by law.  
There is a law for people of all religions to marry and live in peace. There are laws against marriage between certain types of people, as well as between close relatives. The right to marry is a right, but not a fundamental right. In some religions, it is considered a bond. The United States declared it law i.e., a fundamental right.

What can a person do if in India his right to marry is denied?

In a country like India, it is common for parents to tell their children to marry or not marry someone. Parents give their children the right to marry someone if they don’t like that person. Parents also force their daughters or sons to marry whomever they see fit. Indian law offers remedies if you believe your marriage rights have been violated. Various remedies are available as follows

Women’s Complaints Group   – There are officers everywhere. Complaints can be made to the women’s cell of the local police station where the woman is. The letter of complaint should be recorded, including the name and other important information of the person coerced, and the date and place.

Complaints Against the Domestic Violence Act – You can sue the person who forced you into marriage under the Women’s Protection Act 2005. These people maybe you, your parents, or relatives. A restraining order will be issued so that your family does not force you to marry that person.  

National Council of Women – You can contact the National Council of Women. Also, writing a complaint letter or email can help the victim. E-mail ID – complaincell-ncw@nic.in. Also, NRI’s complaints are handled through the mail id nricel-ncw@nic.Similarly, there is a separate unit for Northeast Complaints for Northeastcell-ncw@nic.in.
Also, hiring a lawyer can be very helpful. The right to marry shall not be violated for any reason.

The ideology of marriage in different religions

Marriage is defined differently in individual laws. It is the most sacred of all family institutions.  

According to Hindu law, marriage is a religious ceremony. It is considered a holy union according to Hindu law. It is a religious sacrament and, unlike Muslim law, it is not a civil contract.
In Islamic law, the Qur’an says “Everyone should get married”. He said that the only way to meet this need is through marriage. Nikah (marriage) is a contract, a legal contract for the birth of a child. It is equivalent to a contract, the groom proposes and the bride accepts, which is a contract.  
A marriage is neither a civil contract nor a religious contract as per Christian Law.It is a sacrament. Marriages are governed by the Indian Christian Marriage Act of 1872.  
According to Parsis, this is a spiritual practice, not just a civil contract. To be declared legal, a marriage between two people must be performed by a priest in the “Ashirvaad” ceremony.  
Marriage Sikhism has a special marriage law called the Anand Marriage Law that governs Sikh marriage. The name of the marriage, Anand Karaj, described the marriage as a compromise.

Extramarital marriage is considered a disgrace in India. For this reason, there has been an increase in honor killings recently. According to statistics from the National Bureau of Criminal Records, honor killings rose 796 percent in one year. Although each religion teaches marriage differently, the meaning of marriage has changed over time. There is no personal law for those who are in a legal relationship or want to marry people of the same sex.

Marriage in Ancient Times

For better or worse, the world has changed over the years. Since the 18th century, business, education, and lifestyle have changed in the world. Likewise, the definition of marriage has changed. Marriage is considered the most important institution in a person’s life. The concept of marriage varies from society to country.

Those were the days of loveless marriages, and although they still exist today, their patterns are different.

Marriage is considered an evil act for many people because it changes the way of life of people, especially women because she has to leave the house and is forced to leave themselves. However, the institution of marriage cannot be ignored due to change.

This is the time of the evolution of marriage:

The first marriage contract dates back 4000 years and was of much more important thanmarriage today. Marriage has changed over the years. Today, people have many definitions of marriage.

Strategic Alliance

Ancient Marriage is based on the alliance of the king. In Anglo-Saxon society, marriage is about relationships. But what we mean today is not social-modern thought. Anglo-Saxon society sees the marriage school as a tool to create a bond between the two countries. “By marrying someone else, you create peace, exchange, and partnership with someone,” says Stephanie Coontz in one book.
The same is true in India. When the king felt the need to acquire land, he was the queen of that region. Marriage is completely dependent on the will of the man, not the consent of the woman. Therefore, marriage is based on the king’s desire and the desire for real estate.

Consent

He turned to gain political and economic interests. The bride must accept her father’s wishes and be married. It also doesn’t matter if the bride and groom are there.

Marriage Sacrament

Marriage is not considered sacred, and God’s marriage is important now. In addition, the promises of both parties were made in the name of Allah.

Divorce

Before 1858, divorce was difficult and rare. In the past, couples suffered more from divorce. Some laws in India and other countries also open the door to divorce.

Same-sex marriage

No one in the community would consider accepting same-sex marriage. Acceptance of same-sex marriage creates problems if marriage without the consent of an elder is considered forbidden. Although legal in many countries, it is not yet fully recognized in society.

Live in Relationship

India has seen a change in the way couples now view their relationships. Although they are still considered inappropriate in India. The idea implies living together before marriage. Both parties can leave the relationship at any time.

Society has now transformed from a male-dominated society to a society where men and women are equal. It also changed from being married and having children to being married and childless.

Traditional marriage

Marriage is traditionally decided by the parents. The bride and groom can only meet at the wedding and should be together for life. Women in a relationship are advised to reconcile with their husbands and not to break the marriage under any circumstances.

This is because our marriage has always been viewed as a sacred contract where husband and wife share the entire married life equally.

Although marriage is always seen as the best, there are also disadvantages. For example, a woman is crushed and subjugated by a chauvinistic husband. Here, according to the instructions, the woman must adapt so that she does not have the confidence that she can lead a life independent of her husband. This is the main problem of traditional marriage.

Modern marriage

Marriage today follows the old rules, but this generation has its own version according to the modern world. The bride and groom decide whom they want to marry and marry with their parent’s permission. They choose their spouses and then decide whether they want to stay married or separate by filing for divorce. Today people know that marriage is not a permanent arrangement. This means that if you are unhappy in your marriage, you can walk away from it instead of damaging your brain by staying in your marriage.

They don’t want to marry for approval. They believe that marriage is not a permanent goal and should not be seen as such.

Couples today want to explore different lifestyles. Because of this, social relationships have become more complex. In addition, new marriages such as same-sex marriages will appear in the future.

There are all kinds of differences between couples today. These are:-

Single Marriage

This is a type of same-sex marriage. A homosexual is someone who enjoys the same sex. Article 377 of the Indian Penal Code (IPC), which criminalizes homosexuality, was annulled by the Supreme Court in 2018. Although same-sex marriage is illegal in India, the 377th, Transgender, and Queer or Questioning (LGBTQ) community still awaits the right to marry.

Marriage is legal in the United States, but not accepted in India.

Common-law relationship

This is not a marriage, but an adult and unmarried relationship. This is by the Supreme Court in Indra Sharma v. VK

Five, Sharma. If the terms of the marriage are met, the couple is considered in a legal relationship. Appropriate conditions the legal age of marriage, goodwill, consent, etc. Today’s couples prefer relationships based on relationships because, in these relationships, spouses cannot manage responsibilities.

There is no law here that obliges the couple to maintain this relationship. Both of them can leave the relationship at any time. Children born out of this relationship are legal and have the right to inherit.

Inter-caste Marriage

Traditionally, parents chose a bride or groom like themselves from their children. They don’t want to break traditional restrictions and marry off their children to someone not of their race or religion, which is not the case today.

Young people today have the right to speak and choose marriage. Although marriages between family members are still prohibited in many parts of our country, our laws do not consider intermarriage illegal. The Private Marriage Act of 1954 deals with marriage and religious marriage. The law provides for a special form of marriage registration in which the spouses do not have to renounce their religion.

Role of Religion and Caste in Marriage Practices: Religion and caste have played a significant role in shaping marriage practices in India. Historically, endogamous marriages were prevalent, where individuals were expected to marry within their own caste or religious community. This practice aimed to preserve social hierarchies and maintain purity of lineage. As a result, inter-caste or inter-religious marriages were discouraged or even forbidden. However, over time, societal attitudes have evolved, and there has been a gradual increase in inter-caste and inter-religious marriages, reflecting changing perceptions and a more inclusive approach towards matrimony.

Women’s Status and Agency in Marriages: The status and agency of women in marriage have undergone a transformation over the centuries. In ancient times, women had limited say in choosing their life partners as marriages were typically arranged by their families. The practice of child marriage was also prevalent, depriving young girls of the opportunity to make informed decisions about their future. With the advent of social reform movements and efforts to promote gender equality, the situation gradually improved. The legal age of marriage was raised, and widow remarriage was encouraged, providing women with more freedom and autonomy in making marital choices. Today, women in India are increasingly asserting their rights and aspirations, demanding equal partnership and consent in marriage.

Impact of Legal Reforms: Post-independence India witnessed significant legal reforms that aimed to modernize and democratize marriage practices. The Hindu Marriage Act of 1955 brought uniformity to Hindu marriage laws, and similar acts were passed for other religious communities. These legal changes recognized monogamy, provided for divorce under specific circumstances, and granted women more rights in property and inheritance. The legislation also attempted to eradicate regressive customs such as dowry, dowry deaths, and female infanticide. Legal reforms have been instrumental in challenging age-old practices and promoting a more egalitarian approach to marriage.

Marriage in Urban vs. Rural Settings: Marriage practices in India vary significantly between urban and rural areas. Urbanization and globalization have influenced urban marriage trends, with increased intermingling of cultures and exposure to diverse perspectives. Urban areas have seen a rise in love marriages, inter-caste marriages, and an emphasis on individual compatibility and shared aspirations. In contrast, rural areas may still adhere more closely to traditional arranged marriages, where family and community considerations remain paramount. However, even in rural areas, the winds of change are evident, as education and awareness spread, leading to a gradual shift in attitudes towards marriage.

The emergence of Online Matrimonial Platforms: The rise of internet technology has revolutionized the way Indians approach marriage. Online matrimonial platforms have gained immense popularity, providing individuals with a vast pool of potential partners beyond regional and cultural boundaries. These platforms offer advanced search filters, compatibility algorithms, and personalized matchmaking services, catering to the evolving preferences of modern Indian youth. The digital space has become a powerful facilitator for individuals seeking compatible life partners, further blurring the lines between traditional and contemporary marriage practices.

Changing Family Dynamics: Ancient Marriage: In ancient times, the concept of marriage extended beyond just the union of two individuals; it encompassed the merging of two families. Marriage was seen as a bond between families rather than solely between the couple. Family members, especially elders, held significant authority in marriage decisions.

Today’s Marriage: With the shift towards individual-centric choices, the role of families in marriage decisions has evolved. While families still hold importance and influence, couples today have more autonomy in making their own choices. Nuclear families are becoming more prevalent, and there is a greater emphasis on building strong partnerships between the couple themselves, rather than relying solely on family ties.

Socioeconomic Factors: Ancient Marriage: In ancient India, marriages were often influenced by socioeconomic factors such as dowry and the bride’s financial status. The practice of dowry, while legally prohibited today, was a customary part of marriages in the past and could impact a woman’s standing in her marital home.

Today’s Marriage: The legal prohibition of dowry has been a significant step towards promoting gender equality and protecting women’s rights. While economic considerations still play a role in modern marriages, they are often discussed openly, and couples are encouraged to support each other financially, leading to more equitable partnerships.

Divorce and Separation: Ancient Marriage: In ancient times, divorce and separation were rare and socially stigmatized. Marriage was considered a lifelong commitment, and divorce was seen as a last resort, often involving significant social consequences.

Today’s Marriage: With changing attitudes and legal reforms, divorce rates have increased in modern India. The recognition of irreconcilable differences and the right to seek a divorce have become more socially accepted. While divorce is still a sensitive issue, the societal stigma has decreased, enabling individuals to seek a fresh start in cases of unhappy or abusive marriages.

Impact of Education and Urbanization: Today’s Marriage: Education and urbanization have played a pivotal role in reshaping marriage dynamics in modern India. Higher education has empowered individuals to make informed decisions and prioritize their personal aspirations before marriage. Urbanization has exposed people to diverse perspectives, cultures, and lifestyles, leading to more open-mindedness and acceptance of different marriage choices.

LGBTQ+ Marriages: Today’s Marriage: While LGBTQ+ marriages were not recognized in ancient times; modern India has witnessed significant progress in this area. The decriminalization of homosexuality and legal battles for equal rights have paved the way for LGBTQ+ individuals to seek marital recognition and acceptance. There is an ongoing struggle for full legal recognition and societal acceptance, but the landscape is evolving, offering hope for greater inclusivity and equality.

In summary, the comparison between today’s marriage and ancient marriage in India reveals a multi-dimensional evolution in the institution. Factors like individual choice, gender equality, education, urbanization, and legal reforms have significantly impacted marriage practices. While some traditional elements remain, the institution of marriage in modern India is more diverse, inclusive, and reflective of the changing social, cultural, and economic landscape.

In conclusion, the evolution of marriage in India reflects a complex tapestry of cultural, religious, legal, and socioeconomic influences. From ancient times to the modern era, the institution has undergone substantial changes, shifting from rigid social arrangements to a more individual-centric and egalitarian approach. While some traditional elements persist, the institution of marriage in India continues to adapt and transform, embracing the values of diversity, equality, and personal choice. As Indian society navigates the future, it is essential to celebrate this dynamism while addressing ongoing challenges and ensuring that marriage remains a vibrant and meaningful aspect of individuals’ lives.

Comparison Between Today’s Marriage and Ancient Marriage in India:

Purpose and Role in Society: Ancient Marriage: In ancient India, marriage was primarily seen as a social institution aimed at fulfilling religious and familial obligations. Marriages were arranged by families to strengthen alliances, preserve lineage, and consolidate wealth and property. Love and individual preferences were often secondary to societal considerations.

Today’s Marriage: In modern India, marriage serves multiple purposes. While the traditional aspects of family and societal harmony are still significant, there is a stronger emphasis on individual happiness, love, and companionship. Marriages today are more likely to be based on mutual affection, shared interests, and compatibility between partners.

Age of Marriage: Ancient Marriage: In ancient times, marriages were often solemnized at a young age, especially for girls. Child marriages were common, where girls were married off before reaching puberty, leading to issues related to health, education, and early widowhood.

Today’s Marriage: With legal reforms and increasing awareness about the importance of education and individual choices, the age of marriage has significantly increased. The legal age for marriage is now 18 for girls and 21 for boys. This change has enabled individuals to pursue education and career aspirations before entering into matrimony.

Arranged vs. Love Marriages: Ancient Marriage: In ancient India, the prevalent form of marriage was arranged marriages, where parents or elders of the family played a central role in selecting life partners. The decision was based on factors such as caste, religion, family background, and financial status.

Today’s Marriage: While arranged marriages are still common in many parts of India, there has been a notable rise in love marriages. Love marriages are based on the mutual affection and consent of the individuals involved, and they often transcend caste, religion, and social boundaries. The freedom to choose one’s life partner has become increasingly important in modern society.

Role of Women: Ancient Marriage: In ancient India, women had limited agency in marriage. Their role was primarily confined to being obedient daughters, wives, and mothers. They were expected to adhere to traditional gender roles and societal norms.

Today’s Marriage: Over the centuries, significant strides have been made toward women’s empowerment in marriage. Women today have more say in their marital choices, and their consent is essential for a marriage to be legally valid. The institution of dowry, which was prevalent in ancient times, has been legally prohibited, empowering women and protecting them from financial exploitation.

Cultural and Regional Diversity: Ancient Marriage: Ancient India was characterized by diverse cultural practices and regional variations in marriage customs. Each community had its own rituals, ceremonies, and traditions associated with marriage.

Today’s Marriage: This cultural and regional diversity continues to thrive in modern India. While there is a sense of unity and shared values, marriage customs and traditions vary greatly across different states, communities, and religious groups. This diversity adds richness and uniqueness to the institution of marriage in India.

Technology and Online Matrimonial Platforms: Today’s Marriage: One of the most significant differences between ancient and modern marriage is the influence of technology. The advent of the internet has led to the emergence of online matrimonial platforms, which have revolutionized the way people seek life partners. These platforms provide individuals with a vast pool of potential matches, and they use advanced algorithms to match compatible partners based on various criteria.

In conclusion, the comparison between today’s marriage and ancient marriage in India reveals a substantial evolution in the institution. While some traditional aspects continue to persist, the emphasis on individual choice, gender equality, and love has become more prominent in modern marriages. These changes reflect the evolving values and aspirations of Indian society, as it continues to balance the preservation of cultural heritage with the embrace of progressive ideals.

Conclusion

Marriage is an institution in Bharat that is witnessing an amendment over the years. every person and each faith has its own interpretation of the wedding. Also, numerous styles of marriage are followed in our country.

Every person marries consistently with his/her own desires. the wedding has additionally seen numerous changes. Marriage could be a sacred establishment. These days individuals additionally try to avoid wasting an outsized quantity of cash like going to a court wedding.

In conclusion, the exploration of the evolution of marriage in India reveals a fascinating and dynamic journey of this ancient social institution. The historical perspective highlights the profound impact of cultural, religious, and socioeconomic factors on shaping matrimonial practices throughout the ages.

From its origins in ancient Indian civilization with arranged marriages and strong family involvement, to the influences of foreign invasions and colonial rule, each era left its mark on the institution of marriage in India. The imposition of colonial legal frameworks and subsequent social reforms during the independence movement brought significant changes to marriage laws and gender roles, challenging traditional norms and laying the foundation for a more inclusive and progressive society.

In the post-independence era, the interplay between modernization and traditional values led to a shift in marriage dynamics. The emergence of love marriages alongside arranged marriages reflected the growing agency of individuals in choosing their life partners, emphasizing the importance of personal preferences and compatibility.

The influence of globalization further accentuated these changes, fostering greater exposure to diverse cultures and ideas, and encouraging a more cosmopolitan outlook on marriage. As a result, the concept of marriage in India evolved from a rigid social arrangement to a more flexible and individual-centric institution.

The historical journey of Indian marriages reflects the country’s vibrant and culturally diverse society. As we look to the future, it becomes apparent that understanding this historical context is vital for embracing the richness of Indian culture while adapting to the evolving needs and aspirations of its people.

It is essential to recognize that the evolution of marriage in India is an ongoing process. As society continues to evolve, marriage will undoubtedly be influenced by new technologies, changing social norms, and shifting cultural paradigms. Acknowledging the complexities and diversity of Indian marriages is crucial for fostering a society that respects individual choices while preserving the essence of its cultural heritage.

By studying the historical trajectory of marriage in India, we gain valuable insights into the resilience and adaptability of this timeless institution. As the country moves forward, this understanding can serve as a guide to navigate the challenges and opportunities that lie ahead, fostering a more inclusive and harmonious society where marriage continues to play a vital role in shaping the lives of its people.

References

Written by- Aradhya Dixit

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