“I am convinced that the real remedy is inter-marriage. Fusion of blood can alone create the feeling of being kith and kin, and unless this feeling of kinship, of being kindred, becomes paramount, the separatist feeling—the feeling of being aliens—created by Caste will not vanish. Where society is already well-knit by other ties, marriage is an ordinary incident of life. But where society is cut asunder, marriage as a binding force becomes a matter of urgent necessity. The real remedy for breaking caste is inter-marriage. Nothing else will serve as the solvent of caste.” -Dr.BR AMBEDKAR
The origin of marriage dates back to 23,000 years ago when hunter-gatherers became farmers and gender roles began to form in the home. The males took responsibility for collecting food, while the females stayed home to raise the children. Thus, marriage soon became necessary as a way to ensure the survival of their offspring. This nuptial tradition dates back to the origin of arranged marriages. Traditionally, the groom’s family did not allow him to see his bride until the wedding. This is because if he did not like her appearance, there was a possibility that he would not agree to marry her. Therefore, the veil was used to hide the appearance of the bride until the very moment they were to get married.
In Indian society, a wedding is not just the union of two people but two souls. In fact, a wedding also brings two families closer together, who from then on share a bond of respect and affection. As a result, there are a number of traditions and customs associated with the Indian Hindu wedding ceremony. These traditions are the essence of the conjugal institution, thus strengthening transcendence, chastity, and faith in it.
This changing era also change in process of Mate Selection, In ancient times, parents usually chose the spouse, and there was almost no voice from the girl. There are numerous stories and testimonies that support that parents used to marry their daughters according to their own will. Now, due to various factors, such as increased education among girls, urbanization, economic independence, etc., children are consulted on matrimonial matters and even girls and boys speak and try to know the points of view of the other before performing the marriage ceremonies. Thus, the Indian system collapsed when forced by the changing reality in the form of extended education for girls, the effect of this on raising the age of marriage which is now 21 years of age, and making the choice of a spouse for themselves. Marriages that were previously performed by intermediaries are now being replaced by intermediary agencies and advertising in newspapers and various social networking sites.
Until some time ago, families did not allow to marry a person belonging to another caste or religion. A study was conducted of inter-caste marriages in India and the data revealed that more than 50 percent of parents expressed their willingness to allow their children to marry outside of their own caste. Only a third were against this deviation from Custom.
In Laxmibai Chandaragi B & Anr. Hon’ble Supreme Court held that “Educated younger boys and girls are choosing their life partners which, in turn, is a departure from the earlier norms of society where caste and community play a major role. Possibly, this is the way forward where caste and community tensions will reduce by such intermarriage but in the meantime, these youngsters face threats from the elders and the Courts have been coming to the aid of these youngsters”.
The Hon’ble Court also makes it clear that the consent of the family or community or clan is not required once the two adults agree to marry and that their consent must be piously given primacy. “. Such a right or choice is not expected to succumb to the concept of “class Honour” or “groupthink.”
The right to marry a person of choice was held to be integral to Article 21 of the Constitution of India.
On this behalf, the judgment of the Nine Judges Bench in Justice K.S. Puttaswamy v. Union of India may also be referred to where the autonomy of an individual inter alia in relation to family and marriage were held to be integral to the dignity of the individual.
The court further noted that the way forward for law enforcement authorities is not only to advise current IOs but also to design a training program to deal with such cases for the benefit of law enforcement and order personnel to the police authorities to take action in this regard and to establish some guidelines and training programs on how to handle these socially sensitive cases. -Adv. Rupal Taneja
(Supreme Court of India)