HINDU WOMEN’S LIFE AND MARRIAGES—BEFORE AND AFTER HINDU MARRIAGE ACT 1955

Authored By: Semusi Datta

Brainware University, Barasat , West Bengal

ABSTRACT

Hindu marriage is a sacred bond unlike Muslim marriages which are defined as contracts. In Hindu culture marriage is shown as a holy bond between husband -wife. In Hindu marriage earlier there was no concept of divorce unlike Muslim law. People used to think that only death can apart two people after marriage. Even in modern Hindu society still marriage has that old glory. In a country like India when a person (specially women) gets divorce, people troll them or laughed about them as if it was a crime to get divorced. People of India till now can’t take divorce they thought of it as shame. Women’s condition in India is strongly related to marriage. Setting fire on daughter-in -law, murdering daughter-in -law for dowry, killing daughter-in-law, in case of giving birth to baby girl, all these incidents are very common in India. The concept of marriage and along with women’s condition in India is now a little better from past. The idea of marriage along with conditions of women in India is evolving in a good way.

INTRODUCTION.

CONCEPT OF MARRIAGE.

HINDU MARRIED WOMEN’S LIFE BEFORE ENFORCING HINDU MARRIAGE ACT 1955.

HINDU MARRIED WOMEN’S LIFE AFTER ENFORCING HINDU MARRIAGE ACT 1955.
JUDICIAL AND LEGISLATIVE RESPONSES TOWARDS MODERN MARRIAGE AND WOMEN’S LIFE.
CONCLUSION.

INTRODUCTION

According to Hindu philosophy, marriage is a sacrament rather than a contract. Through the holy bond of marriage two people are intended to lead their life together, by adjusting, compromising, in a sweet and bitter way. The life of Hindu women and their marriages have evolved significantly from Vedic period to now. It carries the witnesses of changing time. Women now have more rights and equality than before after Hindu marriage Act was enforced. The Hindu Marriage Act 1955, now give equal rights to women and men, it has various legal provisions in the favour of women. There are grounds of divorce (section 13), and also there is special provision of divorce for only women. This act gives women right to nullify their marriage if the marriage is solemnized on the ground of misinformation. This act also gives us the idea of Legitimate and illegitimate child. After the enforcement of Hindu Marriage act 1955, women gave the right of maintenance which was not there earlier, this act also gives us the idea of restitution of conjugal rights and mutual divorce’s concept, over all it is a pioneer legislation to give freedom to those married women who are not happy in that abusive and toxic marriage, who were disturbed and tortured by their husband and in-laws.

According to some media reports the main reason of divorce in India is in -laws. In India two person is not married rather than two families are married, so in-laws became too nosy in the matters of new couples and also there are various rituals in the name of tradition that more or less was performed by bride which also shows us that in marriages of India women are the only sufferers.

CONCEPT OF MARRIAGE

In Vedic culture marriage is a sacrament between two people which can not be break unless death comes. In Dharma the concept of marriage is very important. In Vedic period people used to marry to perform Mahayajna. According to Ancient Hindu practices there were four stages in life like—Bhahmacharya, Garhastha, Vanaprastha, Sanyas. These four stages were important in a man’s life. A man needs a woman for performing these rituals. So, on that time men married women, and if first wife died due to any cause, men used to marry other women for performing these rituals. There is total eight types of marriages Brahma, Daiva, Arsha, Parjapatya, (approved ones), Gandharva, Ausra, Rakshasa and Pisacha (unapproved ones) in Vedic time. In marriage both husband and wife has their own duties. For example, men used to act as provider or bread winner while in other hand women used to act as housewife who did all her house hold chores. A wife is expected to support her husband in any work and follow him. In marriage then sexual relations were play a crucial role as the need for marriage. In Garhasta the husband and wife both are needed to follow the rule of society like giving birth to child, reared them up and forming a family. In Vanaprastha wife was expected to follow her husband and they went to forest for doing meditation or “Tapasya” for getting or attaining “Moksha”. In the concept of marriage women are expected to follow her husband and obey him in Vedic period, but after that the scenario of marriage was changed totally—– in Mediaeval period women did not get the respect as wife as they got it in Vedic period, women were then treated as slaves. In Sultaniyat era and Mughal era women were treated as prostitute, dancer, sex-slaves etc. In this time disobeying your husband or cheating on your husband can amount to death for a wife. In that period women were tied in a cage just like a bird, women did not have freedom, they are treated as second class citizens then.

HINDU MARRIED WOMEN’S LIFE BEFORE ENFORCING HINDU MARRIAGE ACT 1955.

In colonial-era also, women were treated badly, they were led the life of second-class citizens, though Britishers were interested in women education but this noble initiative did not reach to poor and orthodox families. In Vedic period child marriage was not approved but in colonial era girls of nine or ten years old were married off with sixty to eighty years old men. This was a prevalent practice in early 18^th century in India. Child marriages were fully supported then. In colonial era There was practices like: Sati practice which was prevalent in Bengal. In sati pratha a young Hindu Brahmin Bride were burnt alive upon the funeral pier of his old husband and it was celebrated as it was a festival. Women also did not have any property or divorce rights then. They had to go through abuse like animals. Not only husband but also in -laws also tortured daughter -in – law for various reasons like:

Not completing house hold chores.
Not giving birth to a baby boy.
Not bringing enough money as dowry to in-law’s house.
Not obeying in -laws.
Doing a small mistake in rituals etc.

Hindu married women’s life before 1955:

Hindu marriage was considered as a sacrament and holy bond making divorce or dissolution of marriage nearly impossible.
Women were not allowed to choose their partners so they had to marry as per her family’s choice.

Women were used as commodities earlier.

Women were married in an early age without knowing the real meaning of marriage due to customs and traditions.
The child marriage restraint Act 1929 were enforced to curb out child marriage but society protested against it.
Before Hindu Marriage Act, women of Hindu religion did not have inheritance power, they were used to get a very small part as inheritance.

Widows were excluded from getting an inheritance.

Lack of law or legal provisions against torture and cruelty.

Widows were treated as no one. They faced lot of Taboos like, not inheriting any property, treated badly, restriction in re-marriage and going to auspicious ceremonies.
Women were not allowed to get education in the name of custom and traditions.

HINDU MARRIED WOMEN’S LIFE AFTER ENFORCING HINDU MARRIAGE ACT 1955.

Now the situation of women is better from earlier, they had various rights, they are now equal in a marriage, they can go to court to claim their right, now they are eligible to inherent property.

Now marriage is treated as a contract so, it is easy to dissolute the marriage in court.
Husband and wife are having the right of mutual divorce.
There are minimum age criteria for man and woman (like 18 for women and 21 for men).
Husband and wife both have the right to show their consent in marriage.
Voluntary participation is mandatory in marriage.
There are various ground from divorce for women like- desertion, cruelty etc.
There is divorce ground for adultery, bestiality.
Legal separation, nullity of marriage are new concept in Hindu Marriage Act 1955.
This Act gives equal status to man and women that enforces Article 14 of Indian Constitution.
It also eliminated, polygamy.
Making bigamy a criminal offence under Hindu marriage Act and IPC.
Widows are given the right of re- marriage.
Women are getting equal shares in succession properties.
Now women have the right to acquiring property and having succession rights.
The socio-economic status of women are increasing right now.
Women are eligible to get maintain ace, alimony, child custody.
Now widows are not facing taboos as before.
Women’s status is now increasing in India they are getting equal rights, equal treatment.
Women are now getting attention; their opinions are mattered now in house-hold.

Challenges:

Till now women are facing marital abuse every day.
Women are facing physical abuse, verbal abuse in marriage.
Indian society is not accustomed with the idea of divorce.
Women are still facing barriers.
Uneducated rural women lack clarity of their rights.
Lack of awareness about the rights of marriages.
Still reforms are not sufficient, others reforms are also necessary.
Single mothers, widows have to face criticism for not having a successful marriage.
Till now in rural areas if husband died young the wife was blamed for that.
Till now if baby boy was not born the mother is blamed and have to combat with physical and verbal abuse.
Women are not safe in India; numerous cases are there where daughter -in – laws are died by burning for dowry.
Dowry Deaths are common in India.
Female feticide is common in Haryana, Punjab after it is found out that the baby would be girl it was murdered in the womb of mother.
Females are supposed to take care of child, family and also take care their jobs.
Women till now is treated as a burden in parents.

JUDICIAL AND LEGISLATIVE RESPONSES TOWARDS MODERN MARRIAGE AND WOMEN’S LIFE.

Judiciary and legislature played a pivotal role in having the rights of women as equal as men. Judiciary contributed a lot for the equal status of women in marriage.

Post – independence era our country’s judiciary and legislature aim to provide equal rights to women so they came up with various laws like: Hindu Marriage Act (1955), Dowry Prohibition Act (1961), and Protection of Women from Domestic Violence Act (2005) these laws codified the laws and give equal rights to women.
Judiciary continuously interpreted marriage law in favour of gender equality, courts extended ground s of divorce from cruelty to bestiality, it gives women right to dignity.

Judiciary and Legislature are still now contributing continuously to making reforms in marriage law for highest level gender equality.

The judiciary keeps a balance between need and misuse of legal provisions. Judiciary does not allow misuse of marriage law against husband or wife. They are aiming to gender equality in all by means.
Continuous reforms through judiciary and legislative not only evolve the women rights legally but also influenced the society and changes their attitude towards the concept of marriage, making it a liberal concept in India.

CONCLUSION

Marriage is as considered in Hindu Philosophy that the bond is made in heaven but solemnized in earth. It is indeed a sacrament but with some limitations. The Hindu Marriage Act 1955 gives married women rights, equal treatment in society. The Hindu Marriage Act 1955 deals with provisions of marriages carefully and balanced way that does not offend any custom or tradition of Hinduism. It gives a clear framework for Hindu marriages, it codifies rules. The Hindu Marriage Act 1955 swiftly harmonizes between rules and customs.

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