Legal restrictions on Sapinda Marriages

Legal restrictions on Sapinda Marriages

GS-I, II: Indian Society & Polity

(UPSC/State PSC)

Important for Prelims:

Sapinda Marriage, Section 5 (V), Section 3 (F) (ii) of Hindu Marriage Act (HMA), 1955, Comparative status of Sapinda Marriage in other countries.

Important for Mains:

About Sapinda Marriage, Legal Provisions, About Hindu Marriage Act,Conclusion.

January 30, 2024

Why in News:

Recently, the Delhi High Court dismissed a petition challenging the constitutionality of Section 5(V) of the Hindu Marriage Act (HMA), 1955, which favored recognizing Sapinda marriages among Hindus.

  • According to the Delhi High Court, Sapinda marriages between Hindus will continue to be banned unless the Hindu Marriage Act (HMA) and Hindu customs permit it.

About Sapinda Marriage:

  • Sapinda marriage is a marriage between individuals who are closely related to each other to a certain extent.
  • Defined under section 3(F)(ii) of Hindu Marriage Act (HMA) “Two persons are said to be Sapinda of each other if one Sapinda is a descendant of the other within the limits of relationship, or if they have a The common hereditary ascendant which falls within the limits of Sapinda relation with respect to each of them."

Hindu Marriage Act-Section 5(v):

  • Section 5(V) of the Hindu Marriage Act (HMA) prohibits marriage between two Hindus if they are Sapindas, except when the customs or usages governing each of them permit such marriage.

Prohibition Limit:

  • If a Sapinda marriage violates section 5(v) without the permission of any established tradition, the marriage is declared void, treated as if it never took place.
  • The only exception is when the customs or usages of each permit sapinda marriage.

Mother's side:

  • Under the provisions of the Hindu Marriage Act, a Hindu person cannot marry someone who is within three generations of him, on the mother's side.
  • In practice, this means that on one's mother's side, one cannot marry one's siblings (first generation), one's parents (second generation), one's grandparents (third generation) or someone who Can share this lineage within three generations.

Father's side:

  • Under the provisions of the Hindu Marriage Act, a Hindu person cannot marry a person who is within five generations of him, on the father's side.
  • On their father's side, this prohibition will extend to their grandparents, and anyone sharing this lineage within five generations.

Violation status:

  • If a marriage is found to be in violation of Section 5(v) of the Sapinda marriage, and there is no established practice that allows such practice, it will be declared void.
  • This means that the marriage was void from the beginning, and will be treated as if it never happened.

Provision for penalty/punishment:

  • If a couple gets married under Sapinda marriage, they can be punished with jail up to 1 month or a fine of Rs 1000 or both under Section 18 of the Hindu Marriage Act, 1955.

Exceptions to the prohibition against Sapinda marriages:

  • The sole exception can be found within the same provision of the act.
  • The exception allows the marriage when the customs of each individual permits sapinda marriages.
  • The definition of the word “custom” is also provided in Section 3(a) of the HMA.
  • It states that a custom has to be “continuously and uniformly observed for a long time”, and should have gained enough legitimacy among Hindus in a local area, tribe, group, or family and such that it has obtained “the force of law”.

Comparative status of Sapinda marriage in other countries:

  • Europe: In several European countries, laws regarding incestuous relationships are less strict than in India.
  • France: Abolished the crime of incest under the Penal Code of 1810, allowing marriages between consenting adults.
  • Belgium: Adopted similar laws under the influence of the French code.
  • Portugal: It does not criminalise incest.
  • Italy: Incest is only considered a crime if it causes a “public scandal.”
  • United States: Incestuous marriages are prohibited in all 50 states. However, relationships between consenting adults are permitted in New Jersey and Rhode Island.
  • Incestuous: An incestuous relationship is one involving sexual intercourse between two members of the same family.

About Hindu Marriage Act:

  • The Hindu Marriage Act is a law in India that was passed in 1955 to shield the rights of Hindu couples who get married.
  • It applies to Hindus, Buddhists, Jains, and Sikhs, in addition to any person who isn't a Muslim, Christian, Parsi, or Jew.
  • The act aims to regulate and shield the organization of marriage in the Hindu community.

Conclusion:

The Delhi High Court's affirmation of Section 5(v) of the Hindu Marriage Act underscores the state's interest in regulating matrimonial alliances to prevent the normalization of incestuous relationships. By upholding the requirement for established customs, the court ensures that marital unions adhere to societal norms and legal standards. Comparatively, laws on incestuous relationships vary globally, influenced by cultural and legal factors.

Source: Indian Express

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Mains Question:

Examine the constitutionality of Sapinda marriage under the provisions of the Hindu Marriage Act, 1955.