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Society, Management and Accounting

Marriage in Modern India

Family, Marriage, Elderly, Disabled in Modern Society; Cyber Crime, Social Media Impact

Paper I · Unit 3 Section 4 of 12 0 PYQs 29 min
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Marriage in Modern India

3.1 Types and Forms

Classical Hindu marriage types (8 forms in Manusmriti):
The most socially accepted form today is Brahma Vivaha — gift of daughter to a learned man of good character; consensual, with gift to groom's family.

Modern marriage forms:

  1. Arranged marriage: Family-arranged; 93% of Indian marriages (IHDS).
  2. Love marriage: Couple-initiated; 7% of Indian marriages (rising).
  3. Inter-caste marriage: Legally encouraged (B.R. Ambedkar Foundation incentive scheme — ₹2.5 lakh grant); socially contested.
  4. Inter-faith marriage: Legally permissible under Special Marriage Act 1954; subject to community and family pressure.

3.2 Legal Age for Marriage and Child Marriage

Historical context:

  • Sharda Act, 1929: Girls 14, boys 18 — first law.
  • CMRA, 1978 (amended): Girls 18, boys 21.
  • PCMA, 2006 (Prohibition of Child Marriage Act): Same age limits; voidable (not void) marriages; imprisonment for violators.
  • Amendment Bill, 2021: Proposes raising women's minimum age to 21 (to match men); referred to Parliamentary Standing Committee.

Scale of child marriage in India:

  • NFHS-5 (2019–21): 23.3% of women aged 20–24 were married before age 18.
  • Rajasthan: 25.4% — above national average; Rajasthan is among top 5 states for child marriage.
  • West Bengal and Bihar have the highest rates (>40%).
  • UNICEF India: ~1.5 million girls per year married before age 18.

3.3 Marriage and Social Reform — Legal Milestones

Law/Judgement Year Significance
Sharda Act 1929 First law restraining child marriage; introduced by H.B. Sarda (Rajasthan)
Special Marriage Act 1954 Civil marriage without caste/religion requirement
Hindu Marriage Act 1955 Codifies Hindu marriage; introduces divorce; monogamy
Dowry Prohibition Act 1961 Bans dowry — still widely practised
PCMA 2006 Strengthens child marriage prohibitions
Navtej Singh Johar v. UoI 2018 Decriminalised consensual same-sex relations (Section 377)
Supriyo v. Union of India 2023 Supreme Court declined to legalise same-sex marriage — left to Parliament
Shafin Jahan v. Asokan K.M. 2018 Right to choose life partner is a fundamental right (Art. 21)