Open Access Research Article
THE CONSTITUTIONALITY OF INTER-CASTE MARRIAGE AND ITS POSITIVE IMPACT ON SOCIETY
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Article Details
THE CONSTITUTIONALITY OF
INTER-CASTE MARRIAGE AND ITS POSITIVE
IMPACT ON SOCIETY
Mr. Karna Singh1 Mr.
Sailya Singh2 Mr.
Srinivas Puala3
Research
Scholar Lecturer Ph.D
Scholar
Sambalpur
University OAV Subarnapur
Sambalpur University
Abstract
In India, the inter-caste marriage
system is more common. In order to achieve social equality and to eradicate
casteism, the Indian government is actively promoting and encouraging
inter-caste marriage. The freedom to marry the person of one's choice is a key
component of Article 21 of the constitution, which also guarantees the right to
life and liberty. Such a right shall be enforced by the State. Inter-caste
marriage, according to Dr. Ambedkar, is "the real remedy for breaking
caste," and the "fusion of blood" will foster a sense of
belonging. Legislation was passed to protect them, and other government
programs also offer the spouses financial support.
In Indian families, marrying someone from a
different caste might lead to issues. It is a sobering fact that despite
technology breakthroughs and other development-related issues, this topic
continues to be of great concern. The goal of this study is to gather
information about the impact of the practice of inter-caste marriage from
secondary sources, such as newspapers and online reports, and to critically
evaluate each example that is mentioned.
Keywords:
Inter-caste, marriage, constitution, Act, Law, caste
Introduction
A marriage between two or more castes
is referred to as an inter-caste marriage. People only got married inside their
own caste or religion in ancient India, and these relationships were referred
to as inter-caste marriage. When arranged marriages were the norm, people could
only get married to persons of their own caste, and inter-caste marriages were
discouraged. Most conservative Indian households do not support or approve of
inter-caste marrige. Inter-caste marriage is one of the main issues India is now
dealing with. However, due to an increase in education, job, urbanization, and
middle-class economic background, inter-caste marriages are currently permitted
in a small number of households in India.
The right to
marriage is an element of the right to life, as stated in Article 21 of the
Indian Constitution. The Human Rights Charter includes the right to marry as
part of the freedom to form a family. No matter a person's gender, they have
the freedom to marry whoever they choose. “Notably, one's freedom to marry the
person of one's choosing is a crucial component of that freedom. However, the
Special Marriage Act becomes mandatory in exceptional situations if such
matrimonial links are between members of different castes. The freedom of
conscience and the free practice, professing, and spreading of religion is
guaranteed by Articles 25 to 28 of the Indian Constitution (India 1949).
Section 25(1) provides
the following: "Subject to public order, morality and health and to the
other provisions of this Part, all persons are equally entitled to freedom of
conscience and the right freely to profess, practise and propagate
religion" (India 1949).
According to the
Special Marriage Act, 1954, which allows for a special type of civil marriage
performed "by a registrar appointed by the state that is available to all
persons in India, irrespective of the religion, caste, or faith to which either
party belongs" (Professor 6 Apr. 2019; US Sept. 2015, 6), inter-caste
marriages are legal in India. I've attached a copy of the Special Marriage Act
of 1954 to this a response.
India's constitution, which was
adopted in 1949, states in part that "The State shall not discriminate
against any citizens on grounds only of religion, race, caste, sex, place of
birth, or any of them" (Article 15(1)). According to Article 17,
"'Untouchability' is eliminated and its practice is outlawed in all forms.
According to Indian law from 1949, "Any disability imposed because of
'untouchability' shall be a crime punishable by law." The Scheduled Castes
and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (India 1989), as
modified in 2018, imposes penalties for crimes involving caste-based
discrimination. (India 2018).
Shahu Maharaj was of the opinion that
the caste distinction would not be eliminated unless the prohibitions on
marriages were adhered to. He approved intercaste marriage as legal in his
state by passing the intercaste marriage Act. In the state of Kolhapur, the
intercaste marriage act was passed, making it legal. He ended the "Balutedari
System" on February 22, 1918, by publishing a proclamation in the Kolhapur
state government gazette. Anyone was allowed to practice any profession with
permission. Shahu Maharaj's freedom of occupation allowed the populace to be
emancipated from a form of social restrictions.
Indian society has changed to some
extent as a result of the changes in time and era that have occurred today.
With numerous social reforms on the horizon, Indian towns have displayed a
remarkable growth in inter-caste and inter-religious marriages, ultimately
helping the communities and castes to exist together.
What is Inter-Caste Marriage
Hindus divide their communities based
on their castes. An inter-caste marriage is one in which a member of one caste
marries a member of a different caste outside of their own. A Punjabi lad
marrying a Brahmin girl, for instance, is an inter-caste union of the so-called
upper castes. Inter-caste marriage issues can arise when a Baniya girl marries
a Dalit male since the so-called lower caste is associated with the upper
caste.
“We must first put the notion of
inter-caste marriage in context in order to fully comprehend this topic. When
two persons from different castes fall in love with one another and decide to
get married, this type of marriage occurs. According to the Indian Human Development Survey only 5% of
marriages in India are inter-caste marriages. This shows that intercaste
marriages in India are still challenged and highly stigmatized even in the 21st
century”. (http://www.thehindu.com/data/just-5-per-cent-of-indianmarriages-are
intercaste/article6591502.ece)
Impact of Inter caste marriage
In India, the practice of arranged
marriages is still very common, and one of its fundamental tenets is the
rigorous observance of caste laws. Hindus favor tying the knot with members of
the same caste; for instance, Brahmins marry other Brahmins, Rajputs mate with
Rajput families, and so on. The practice of getting married within one's
sub-sect is common among Muslims and Sikhs as well. For instance, Jat Sikhs
won't wed into a Ramdasia household. Traditionally, a Shia Muslim family will
find a match within their own community, a Sunni Muslim family within their
own, and so on. Christians, Parsis, and Jain people also marry inside their own
communities. Inter-caste relationships are thought to cause numerous issues and
hardships for the couple as well as their families.
The social stigma and worry of
exclusion are two common drawbacks of inter-caste marriage that deter people
from breaking from the custom of getting married within their communities. In
addition, the partners have a hard time assimilating into one other's cultures.
We received a question from a girl who claimed that if she proceeded with the
intercaste marriage, her parents would kill themselves. What were her options
in this situation? Even though there are legal safeguards in place to protect
couples who choose to marry the person of their choice, outside their caste or
group, inter-caste marriages also result in honor killings. Despite the fact
that things are changing and more people are accepting of interfaith and
intercaste marriages, this is still more common than urban India rather than
the rural. An inter-caste marriage has its own set of difficulties that the
couple and their family must overcome almost on a daily basis, even in the most
liberal communities. In this post, we'll talk about the issues that intercaste
love marriages typically cause for couples.
Priyanka Gandhi and Robert Vadra,
Sachin and Sara Pilot, and Ram Vilas Paswan and Reena Sharma are just a few
examples of successful inter-caste marriages. In fact, Dalit leader Ram Vilas
Paswan went as far as to say that "inter-caste marriage is the biggest
weapon to end societal divisions." This view is also reflected in the
Indian government's policy on the matter, aligned with the constitutional
tenets of secularism, equality, and personal liberty. While there is no
dedicated inter-caste marriage act, such unions have legal sanction under the
likes of the Hindu Marriage Act, 1955, as well as the Special Marriage Act,
1956.
Inter Caste Marriage Registration - Court Marriages
Families typically do not assist or
accompany couples who marry outside their caste during the wedding procedures.
They are thus left with two choices: the first is to wed according to Hindu
customs and obtain their inter-caste marriage certificate from the Registrar of
Marriage. The Special Marriage Act of 1954 offers a different route to
marriage. The Act permits marriage between couples regardless of their
religious affiliation, making it an example of an Indian marriage law that is
secular. The prerequisites for a legal marriage under SPA 1954 are the same as
those under the Hindu Marriage Act, as previously mentioned. The Marriage
Registrar of an appropriate jurisdiction must be notified by the parties
desiring to wed under the Act.30 days in advance. They must visit the Marriage
Registrar for inter caste marriage registration with necessary documents and
duly sign the inter caste marriage application form. They can also seek
protection from the authorities who are obligated to protect couples in
inter-community or inter-caste marriages. Such an officer publishes the notice
in his/her office and Marriage Register. After 30 days have passed and there
has been no opposition to the party's notice to marry.
Inter Caste Marriage Scheme
Couples who have recently got married
in an inter-caste marriage are given incentives under the Odisha Government
Inter-Caste Marriage Scheme. This program provides financial support of Rs 2.5
lakh to assist couples in settling down during the early stages of their
marriage.
The Himachal Pradesh government
launched the Inter-caste Marriage Scheme to encourage intercaste marriages and
societal integration. Couples from different castes who get married can receive
up to Rs. 75,000 in financial aid under this program. The program attempts to
eliminate caste distinctions and advance societal peace.
Under this program, young people from
general castes are given an incentive payment of Rs. 200000/- for getting
married to young people from scheduled castes. Applicants are required to get
their marriage registered with the Collectorate under the Hindu Marriage Act of
1955. Also, it is mandatory to submit your complete application along with all
necessary letters within one year of the date of marriage on the “Scheduled
Castes Development Portal” plans of the Madhya Pradesh government.
Haryana State's Mukhya Mantri Samajik
Samrasta Antarjatiya Vivah Shagun Yojna The wedded couple is given a reward in
the amount of Rs. 1,01,000 for their efforts.
Intercaste partnerships are still
stigmatized in some parts of India, which makes those who marry outside their
caste vulnerable to discrimination, hostility, and marginalization. The Dr.
Savita Ambedkar Inter Caste Marriage Scheme, launched by the Government of
Rajasthan, intends to encourage inter-caste weddings by providing a financial
incentive of Rs 10 lakh.
The Telangana government has a plan
called the Inter-Caste Marriage Scheme 2023 to encourage intercaste unions
among the SC population. The yojana awards couples who wed outside of their
caste Rs. 2.5 lakh.
All prior intercaste marriages
received compensation in the amount of Rs. 50,000 under the Maharashtra
Intercaste Marriage Scheme. The Maharashtra government has now decided to
increase this incentive amount to Rs 3 lakh in conformity with the new verdict,
after which the favored couple will receive Rs 3 lakh in aid under the
Maharashtra Inter-caste Marriage Act Inter-caste unions, Puducherry's Adi
Dravidar Welfare Department gives inter-caste married couples an incentive at
the rate of Rs. 50,000/- in an effort to promote inter-caste marriage and
eradicate untouchability and casteism in society.
Scheme for Inter-caste Marriage
Himachal Pradesh The 'Annihilation of Caste' essay by Dr. Bhim Rao Ambedkar, in
which he proposed the elimination of caste systems, can be used to understand
the origins of the inter-caste marriage program, whereby he suggested the
termination of the evil practice of caste systems in India. According to Dr.
Ambedkar, "I am convinced that the real remedy is intermarriage." The
sensation of kinship, or of being kindred, can only be produced by the fusion
of blood; caste cannot produce the separatist emotion or the experience of
being outsiders.
In addition, the government promotes
marriages between members of scheduled and non-scheduled castes under the Dr.
Ambedkar Scheme for Social Integration. Additionally, there is a clause that
protects couples who worry about repercussions from their families for deciding
to wed someone outside of their caste, community, or religion, including the
possibility of honor killings. Inter-caste weddings continue to be a challenge
for thousands of couples, despite all the significant socioeconomic shifts and
legal restrictions. Despite the fact that more people have spoken out regarding
interfaith and inter-caste weddings, they still come riddled with issues and
problems that need to be dealt with and taken care of by the system.
Law to
protect inter-caste marriage in India
To legalize and record interfaith and
inter-caste marriages in India, the Special Marriage Act (SMA) was passed in
1954. It allows two adults to legally wed one another through a civil contract.
Both spouses must be able to give consent
and healthy at the moment of marriage, according to Section 4 of the Act. The
parties who wish to get married must notify the local marriage officer in
accordance with Sections 5 and 6. Significantly, the area encompasses the
residence of one of the spouses for the last 30 days. The notice of marriage is
published in the marriage officer's office.
A legal action can be brought against
the marriage if someone has any objections to it. Within a period of 30 days and If any
such objection is sustained by the marriage officer, the marriage can be
rejected.
At last, a scheme is also run by the
Center to promote inter-caste marriages. It offers Rs 2.5 lakh if one of the
partners is a Dalit.
Judiciary
on Inter-caste marriages
Whatever the Caste
in India, the Supreme Court upheld in 2018 that marriage between consenting
adults would be permitted.
In 2021, the Supreme
Court emphasized the right of adults to choose their life partner and the need
for society to learn to accept inter-caste and inter-faith marriages while
hearing a case of an inter-caste marriage where the couple was seeking
protection from a criminal case filed by the father of the woman.
The judges
emphasized the "need for special rules and a training module for policemen
to deal with such "socially sensitive issues."
In 2018, the Supreme
Court ruled that attempts to dissolve marriages between consenting adults by
khap panchayats were unlawful (The Times of India with PTI on Mar. 27, 2018;
Reuters on Mar. 27, 2018). demanded harsh penalty for "village
councils that impose punishments, including murder," on inter-caste
marriages (Reuters 27 Mar. 2018). The Supreme Court reportedly ordered state
governments to adopt "remedial, preventive, and punitive" measures to
stop "honor killings" and establish "special cells" in
every district to investigate harassment and threats against inter-caste relationships
(US 13 Mar. 2019, 38). This is according to US Country Reports 2018. There was
no information on whether such "special cells" had been constructed
among the sources the research team consulted. The Delhi High Court
emphasized in August 2022 increasing public awareness of the presence of
special cells in each district to handle complaints relating to harassment of
inter-caste marriages. The Supreme Court issued the order to establish the
cells.
Justice Jasmeet Singh said, “It’s a
noble cause. But it shouldn’t be an empty formality or paper exercise. Please
sensitise people. In case they are at a nascent stage, please activate them.
It’s the need of the hour It's a wonderful purpose, remarked Justice Jasmeet
Singh. But it shouldn't just be a formality or a drill on paper. Sensitize
folks, please. Please activate them if they are just getting started. The time
calls for it.
The observations were made by the
Supreme Court as it was deliberating a Karnataka inter-caste marriage case. On
Tuesday, the Supreme Court ruled that people of legal age have the freedom to
pick their life mate while also urging society to accept interfaith and
intercaste unions.
The court stated: "Educated
young boys and girls are increasingly choosing their life partner on their own.
While society and parents may view this as a deviation, the police authorities
are duty-bound to keep such couples out of trouble the violation the law
The USCIRF claims that Indian state
institutions face "serious capacity" issues that make it difficult
for them to address issues of communal violence or deliver justice to those who
have been victims of widespread past acts of violence; however, the source
makes no specific mention of these issues and instead claims that the Supreme
Court, the Ministry of Minority Affairs, and the National Commission for
Minorities are active and "provide opportunities for the government to
protect minorities and counter of
intolerance"
The
Special Marriage Act states that a marriage between two persons can be
legalized, only if the following conditions are satisfied at the time of
marriage
Ø At the time
of their marriage, neither of the two had a spouse who was still alive.
Ø Neither of
the two is mentally incompetent to provide their lawful assent to the marriage.
Ø Neither
partner has been experiencing mental illnesses to the point where they make
them unfit for marriage or childbearing.
Ø Neither
party has experienced frequent epileptic seizures or episodes of madness.
Ø The bride
must be 18 years old, and the groom must be 21 at the time of the wedding.
Ø Given that
a tradition controlling at least one of the parties permits a marriage between
them, even when both parties are inside the range of prohibited relationships,
the marriage may be solemnized.
Ø Both
parties must be Indian nationals who reside in the regions covered by this Act
if the marriage is consummated in the State of Jammu and Kashmir.
Ø When a
marriage is intended to be performed in conformity with the Act, the parties
must notify the marriage officer of the district where the marriage will be
solemnized in writing, using the form outlined in the Second Schedule.
Ø Following
the expiration of the thirty-day notice period that was published in accordance
with a subparagraph of the Act, the marriage shall be solemnized.
Ø In the
thirty days before the wedding, at least one of the parties who will perform
the marriage must have lived there by the date on which the notice for marriage
is issued to the registrar.
Ø The
marriage officiate is required to post a copy of the notice of the intended
marriage in a visible location within his office.
Ø If the
marriage officer declines to perform the proposed marriage, any party may
prefer an appeal to the District Court, within whose local limits the marriage
officer holds his office, within a period of thirty days of the intended
marriage. The District Court's determination regarding the prospective
marriage's solemnization shall be final.
Therefore, it may be claimed that the
Special Marriage Act is essentially codified legislation designed to grant
legality to a select number of marriages that have been determined to be null
or voidable because it is one of the most secular laws in civil matters for an
individual. This step can further help in strengthening good relationships
between various castes and religions. terms of numerous personal laws. Because
of this quality of the act, it is one of the most secular laws in civil matters
for an individual. This step can further help in strengthening good
relationships between various castes and religions.
Youth Perspectives on
Inter-Caste Relations
The term "inter-caste
marriage" (ICM) refers to unions involving partners from several castes
and ethnic groups. Hindu religious beliefs are the foundation of caste, a form
of social order that has existed in India from the early The caste system has
its roots in Hinduism, but it has an impact on all of Indian culture. In India,
castes and ethnic groups are not at all segregated from one another. They had
been communicating with one another for a long time.
Furthermore, there has been a
significant shift in people's perspectives about caste behavior as a result of
increased globalization and educational opportunities. Opportunities for
international travel, employment, and study have facilitated encounters and
relationships with people from many castes. Additionally, more and more young
people in India are in contact with one another across caste and ethnic lines
in schools, colleges, and workplaces. . As a result, many people are getting
married to persons from different castes and ethnic groups. This study
investigates how educated young people feel about inter-caste marriage in this
rapidly changing social environment [xix].
In India, there is a correlation
between the acceptance of inter-caste unions and the better educational
attainments of several minority castes. The educational institutions promote
inter-caste connections by facilitating inter-caste encounters amongst
individuals of comparable status. Inter-caste marriages are becoming
increasingly popular among the younger generation as higher education becomes
more widely available to both men and women.
Regardless of their ethnicity, caste,
or social class, respondents demonstrated a high level of acceptability for
inter-caste unions. Despite the fact that more young people are beginning to
accept ICM, the majority of respondents are still opposed to it intermarriage.
The replies show that inter-caste marriage is generally viewed favorably. This
viewpoint does not reflect reality, as traditional caste values and the
parental role continue to be important factors in inter-caste marriage.
The youth of our nation are currently
working to raise awareness of the negative impacts of this system among the
public through awareness campaigns and several other initiatives. A divided
society does not last for very long. People are now thinking outside of these
limitations thanks in large part to education. Why is there discrimination on
earth although God did not practice it when He created humans based on caste or
religion?
With this kind of prejudice, we are
not only drifting apart but also growing hostile toward one another. Once
again, the reservation system was crucial in bringing together many classes and
religions. It has significantly decreased such caste and religious distinctions
by giving India's oppressed population access to education and other
possibilities.
The educated youth of today have a
favorable view of these unions. They form positive relationships with those
from various castes and religions as they learn together. Because of this,
their thinking is getting better with each new generation. The sad issue is
that older generations still have very rigid caste and religious marriage laws.
Likewise, illiterate kids are likewise a problem in this way.
Possible Solution for Inter-Caste Marriage
1. Stressing
the importance of love and those they cannot have a happier married life if
they marry someone else in order to persuade parents to accept the marriage
proposals.
2. Educating
the community about the true meaning of marriage and its values, eliminating
unneeded beliefs and customs that undermine the cast's harmonious connection,
and adjusting to modern society are all important.
3. Recognizing
and honoring the customs and cultures of others. This will lessen friction in
inter-caste weddings between the partners.
4. Teach the
families that their daughters' and sons' lives are more important than the
stereotypes and myths associated with their caste.
5. In a
marital relationship, respecting one another's caste and culture will allow the
couple's close relationship with their families grow stronger.
BENEFITS OF SC/ST INTER CASTE MARRIAGES
There are no restrictions on thoughts and viewpoints:
When two
persons of different religions get married, their perspectives and beliefs
change. You become more accepting and tolerant of individuals from various
cultures. Every day, your mind grows and you gain fresh perspectives on the world.
You have
the chance to learn something new. It goes without saying that learning new
things is a necessary part of marrying someone from a different caste. You will
get knowledge of a particular culture, including their way of life and cuisine.
Additionally, you'll get to participate in a lot of events, which means more
fun and celebrations at home. As a result, life turns into a joyous the
journey.
You will have brighter
children:
Children born to parents from various
castes are likely to be smarter/brighter and have a better understanding of the
outside world. The offspring will be smarter than those born to parents of the
same caste due to the difference in DNA.
Parenting could be done much more effectively:
Parenthood will be carried out much
more successfully, which is another important benefit. Couples from different
castes have broader and more contemporary perspectives on life because of their
varied upbringings. This is shown in their parenting. Parents will be able to
instill in their kids a respect for and ability to make their own judgments.
Parents of different faiths will benefit from a beautiful synthesis of
conventional and contemporary philosophy.
You are going to be more adaptable:
More flexibility is possible when two
castes or cultures coexist in the same home. Even if you might not always wish
to follow their traditions or rites, you must learn to accommodate them. For
example, if worship is required, you will assist in whatever way is necessary
to make it a reality. Regardless of whether you agree with their
interpretations of religion, culture, or ritual, you will learn about them.
SC/ST Inter-caste unions only lead to
good things. Those who assert that inter-caste marriages lead to a lot of
conflicts between couples fail to acknowledge that the conflicts arise from a
lack of compatibility. Couples disputes have nothing to do with caste,
religion, or culture. India actually requires such marriages in order for people
to learn to coexist harmoniously.
Conclusion
The government
mostly supports the eradication of caste barriers in India, but their focus is
mainly on love marriages; they also encourage arranging marriages. Inter-caste
marriages are expected to increase with modernization and socio-economic
development. To reduce caste discrimination, it is crucial to glorify and
promote these marriages, with incentives given to couples registering under the
Special Marriage Act. The government should improve incentives, simplify
procedures, and provide adequate appreciation and incentives to promote
inter-caste marriages. The legislature should also make amendments to protect
couples who believe they have committed a sin by marrying inter-caste. The procedure and registrars made
under this act should also be simplified, and they can be given adequate
appreciation and incentives to promote.
References
1. Kumudin Das, K. C. Das, T. K. Roy and
P. K. Tripathy(2011)Dynamics of inter-religious and inter-caste marriages in India.
Population Association of America.123-130
2.
Gangwal,
Aastha, Inter-caste Marriage: Jurisprudential Analysis (June 11, 2020).
Available at SSRN: https://ssrn.com/abstract=3624758 or http://dx.doi.org/10.2139/ssrn.3624758
3.
Samarth Trigunayat,(2014)Inter-caste & Inter-Religious
Marriages: Social And Legal Issues, awctopus.com/academike
4.
Deepti Khubalkar (2019)Role of
Interreligious and Intercaste Marriages in Achievement of the Constitutional
Goal of Unity and Integrity in India, I-COFFEES 2019,
August 05-06, Lampung, Indonesia Copyright © 2021 EAI DOI
10.4108/eai.5-8-2019.2308556
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What are Sc/St caste marriage Benefit, legal
service in indai e journal
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extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.indiacode.nic.in/bitstream/123456789/15480/1/special_marriage_act.pdf
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U.P.D, Kesari, ‘Modern Hindu Law’,
(Central Law Publications, Allahabad, 2007), p37.
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https://www.indiatimes.com/explainers/news/laws-to-protect-intercaste-marriages-in-india-577759.html
Article Information
THE CONSTITUTIONALITY OF INTER-CASTE MARRIAGE AND ITS POSITIVE IMPACT ON SOCIETY
Authors: Mr. Karna Singh, Mr. Sailya Singh, Mr. Srinivas Puala
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/11/10
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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