Marriages: the Definition and Forms in Hinduism

Introduction 

To start withm this is one of the essays on marriages. Here this topic is discussed within the concept of marriage in Hunduism. Marriage is an important social institution. It is a relationship, which is socially approved. The relationship is defined and sanctioned by custom and law. Children born of marriage are considered the legitimate offspring of the married couple. This legitimacy is important in the matter of inheritance and succession. Thus marriage is not only a means of sexual. It is more or less a universal social institution in India. No society gives absolute freedom to its members to select their life partners. Endogamy and exogamy are the two main rules that marital choice. Both a man a woman are regarded incomplete without marriage. In India, according to traditional Hindu Law, Marriage is a sacrament and not a civil contact. It is a ‘sanskara’ or purificatory ceremony for every Hindu. The Hindu religious books have enjoined marriage as a duty because an unmarried man cannot perform some of the most important religious rites. Accordingly, marriage in India is a holy performance of religious duties. The union is sacred and indissoluble in life ad continues even after the death of the husband. The parents are morally obliged to find mates for their children, and the children to accept the parental choice. The marriage is considered a union between two joint families rather than between two joint families rather than between two young people. The highest aim of marriage, according to the Hindu thinkers, was dharma. On marriage the sacred fire was enkindled, and it was the duty of the householder to offer “panchamahajani” daily in the company of his wife. If the wife died the householder must take a second wife for performing obligations. Thus the basic aim of the marriage was dharma, the fulfillment of one’s religious duties. The Hindu marriage is therefore called “Sarira Sanskara” which means purification of the body. The individual will have no salvation with-out marriage.

Forms of Marriages 

The ancient Hindu law recognised eight forms of marriage. Four out of the eight were approved forms, and the rest four are unapproved forms. The approved forms were brahma, daiva, arsha and prajapatya. The unapproved forms were asura, gandharva, rakshasa and paishacha.

Brahma

In this form of marriage, the father (or guardian) gave the bride away (as a gift) in marriage without receiving any consideration from the bridegroom; prevalent among Brahmins only. Brahma marriage has the most supreme position of the eight types of Hindu matrimony. When the parents of the boy seek for a female, they would consider her family background, but the girl’s father would make sure that the boy had the knowledge of Vedas. It is these things that make the basis for Brahma marriage, not a system of dowry.

Daiva

Daiva-vivāha means ‘marriage related to the rite of the gods’. In this form of marriage, the father gave away his girl for the purpose of deriving a spiritual benefit, to a priest at a sacrifice performed by the girl’s father, in lieu of the ‘dakshina’ payable to the priest. It is considered to be inferior to the brahma form.

Arsha

The third form of approved marriage, that is Arsha Marriage, suggests marriage with Rishi or sages. This form of marriage required the bridegroom to deliver one or two pairs of cows to the bride’s father. the father of the bride doesn’t have to give anything to the bridegroom.

Prajapatya

This form of marriage was similar to the brahma form, except that it was not necessary for the bridegroom to be a bachelor. Prajapatya form of marriage is similar to Brahma form of marriage except there is no trading or Kanyadan in Prajapatya and the father of the bride searches for the groom. Because of these differences, Prajapatya is inferior to Brahma.

Asura

In this form of marriage, the father (or guardian) ‘sold’ the bride for monetary consideration. “Where a man marries a girl for gladdening her father or guardian by money, it is called astm marriage.” The test for determining whether a marriage is “asura” or not was laid down in Kailasanatha Mudaliar v. Parasakthi Vadivanni, 1931. If the bridegroom gives money or anything that has money’s worth (like wheat, cows etc to the bride’s father for his benefit or as consideration for him to give her daughter in marriage is called Asura marriage.

Gandharva

In this form of marriage, there is a mutual agreement of bride and bridegroom i.e. “love marriage”. The approval of parents does not play a role. The concept of mutual consent for marriage was prevalent in the old Hindu system; however, the solemnization of marriage coming out of the mutual consent was very low. This was because Possibility of inter-caste relation became high and this form of marriage was not in accordance with Hindu cultures and practices as there was no parental consent.

Rakshasa

This form of marriage was preceded by rape or the abduction of a virgin girl in times of war. According to P. V. Kane, a noble Indologist, this form of marriage is named Rakshasa because Rakshasas (demons) are known from history to have been ensuing cruelty on their captives. This form of marriage was practised by Kshtraiyas or military classes.

Paishacha

This form of marriage was preceded by the crime of ravishing a girl while she was asleep or intoxicated. This was the most reprehensible form/ most atrocious form of Hindu marriage.

As a feature of the Hindu Code Bill, the Hindu Marriage Act was instituted by Parliament in 1955 to change and to arrange marriage law between Hindus. The Current Hindu Marriage Act doesn’t define or describe or acknowledge these forms of marriage. So, in the present world, people are not obsessed with only these forms of marriage. The only forms of marriage now recognised by the modern Hindu law are:

• The brahma form, which is one of the approved forms; 
• The asura form, which is one of the unapproved forms.

The Act calls marriage solemnized under the Act as Hindu marriage, which may be performed in accordance with the shastric rites and ceremonies or in accordance with the customary ceremonies. Marriage can still be entered into any one of the approved forms by performing necessary ceremonies and rites required under the Act. Thus, performance of certain shastric ceremonies is still necessary for a valid Hindu marriage. None of the parties to the marriage has a spouse living at the time of the marriage; at the time of the marriage, neither party:

• is incapable of giving a valid consent to it due to unsoundness of mind;
• though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; 
• has been subject to recurrent attacks of insanity.

The bridegroom has completed the age of 21 years and the bride, the age of 18 years at the time of the marriage. The parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two. The parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two.

The Hindu Marriage Act lays down ceremonies for a Hindu marriage. There are two ceremonies essential to the validity of a marriage, whether the marriage is in the brahma form or the ashura form, namely:

• Invocation before the sacred fire; 
• Saptapadi, i.e., the taking of seven steps by the bridegroom and the bride jointly before the sacred fire.

The marriage becomes complete when the seventh step is taken, till then, it is imperfect and revocable. Consummation is not necessary to make a marriage complete and binding. A marriage may be completed by the performance of ceremonies other than those referred to above, where it is allowed by the custom of the caste to which the parties belong.

Conclusion

Man does not live alone in society. From birth till death he is surrounded by a number of people. Some of these people are his relatives, some are friends, and some neighbours while all others are strangers and unknown to him. He is bound to all these people who are related to him either on the basis of blood or marriage. The relations based on blood or marriage may be close or distant.

Marriage is considered to be an important social institution in India. It is a ‘sanskara’ or purificatory ceremony obligatory for every Hindu. The Hindu religions books have enjoined marriage as a duty because an unmarried man cannot perform some of the most important religious ceremonies. There are various types of marriages that are followed in our country monogamy being followed at large. As the society has advanced the Hindu marriage has gone through various changes. Even values attached to it have changed tremendously. Individuals now are selecting their mates according to their own requirements. Many are not getting into matrimonial alliances due to some problems. The marriages in Indian are governed by Hindu Marriage Act and Special Marriage Act which regulates the marriage. Thus, as believed Hindu marriage is no more indissoluble.