What are the “prohibited degree of relationships” under the Special Marriage Act, 1954?

For people marrying as per the Hindu customers in India, there are certain relationships which are prohibited from getting married as per the law of the land. These prohibited degrees of relationships are derived from the age old beliefs and customs of the people of this country. These may or may not have any scientific reasons but derive their force from conventions and practices. If marriages are held within these  relationships, these are declared to be void legally. These do not have the legal sanction. The circumstances which make the marriages void and voidable are discussed here but let us have a look at the prohibited degrees of relationships. The same also applied for the Arya Samaj Marriage or any other marriage conduct in a different way.

These are provide in First Schedule Part I and II, as per the following table. Part I meant for the male person and the Part II is meant for the female person who want to get married.

PART I	PART II
1. Mother	1. Father
2. Father's widow (step-mother)	2. Mother's husband (step-father)
3. Mother's mother	3. Father's father
4. Mother's father's widow (step grand-mother)	4. Father's mother's husband (step-grandmother)
5. Mother's mother's mother	5. Father's father's father
6. Mother's mother's father's widow (step-great-grandmother)	6. Father's father's mother's husband (step-great-grandfather)
7. Mother's father's mother	7. Father's mother's father
8. Mother's father's father's widow (step-great-grandmother)	8. Father's mother's mother's husband (step-great-grandfather)
9. Father's mother	9. Mother's father
10. Father's father's widow (step-grandmother)	10. Mother's mother's husband (step-grandfather)
11. Father's mother's mother	11. Mother's father's father
12. Father's mother's father's widow (step-great-grandmother)	12. Mother's father's mother's husband (step-great-grandfather)
13. Father's father's mother	13. Mother's mother's father
14. Father's father's father's widow (step-great-grandmother)	14. Mother's mother's mother's husband(step-great-grandfather)
15. Daughter	15. Son
16. Son's widow	16. Daughter's husband
17. Daughter's daughter	17. Son's son
18. Daughter's son's widow	18. Son's daughter's husband
19. Son's daughter	19. Daughter's son
20. Son's son's widow	20. Daughter's daughter's husband
21. Daughter's daughter's daughter	21. Son's son's son
22. Daughter's daughter's son's widow	22. Son's son's daughter's husband
23. Daughter's son's daughter	23. Son's daughter's son
24. Daughter's son's son's widow	24. Son's daughter's daughter's husband
25. Son's daughter's daughter	25. Daughter's son's son
26. Son's daughter's son's widow	26. Daughter's son's daughter's husband
27. Son's son's daughter	27. Daughter's daughter's son
28. Son's son's son's widow	28. Daughter's daughter's daughter's husband
29. Sister	29. Brother
30. Sister's daughter	30. Brother's son
31. Brother's daughter	31. Sister's son
32. Mother's sister	32. Mother's brother
33.Father's sister	33. Father's brother
34. Father's brother's daughter	34. Father's brother's son
35. Father's sister's daughter	35. Father's sister's son
36. Mother's sister's-daughter	36. Mother's sister's son
37. Mother's brother's daughter	37. Mother's brother's son

Besides mentioning these relations explicitly, the law also provides that the term meaning of the term ‘relationship’ includes the following which are also prohibited:

1. relationship existing due to half or uterine blood or even by the full blood. To make things clear, a ‘half blood’ relationship is when there is a common ancestor but different wives, and a ‘full blood’ relationship is the one which has common ancestor and same wife. At the same time, it shall be mentioned that the ‘uterine blood’ relationship between two persons is said to exist when they have common ancestress but different husbands.

2. legitimate as well as illegitimate blood relationship.

3. relationship by adoption as well as by blood.

Arya Samaj Marriage- Why is it stills a noble institution?

While reading the different stories on how the institution of Arya Samaj is being misused nowadays, one becomes rather judgmental and develops this notion that this is now the institution which provides a cover for the people to get married illegally and with an evil intent. However, this is only one side of the coin which is embossed with rather a gloomy picture of this institution which is more than a century old. The other side of this coin, which has a benevolent embossing, is less discussed in the media. If it were for the misuse of the structures of Arya Samaj marriage, why it still goes on strong and does not fall apart? What reasons can be attributed to its success till date?

At first, there is a strong legal sanction which ensures that the couple getting married can do so legally. A series of court rulings and changes to the laws have ensured that it continues to be relevant to its basic founding principles in current times. The regular reforms have been efforts in the direction of making it a better institution.

Secondly, the role of media has been very constructive in maintaining a favourable image of this institution. While reporting the various incidents across the country that violate the letter and spirit of this institution on one hand and that add to its glory on the other hand, the media has been bringing to attention of the public and the authorities both the faces of the coin. This has led to more awareness among the people in general and to corrective actions on the part of authorities.

Thirdly, at the level of society which is still mired in orthodoxies and various vices such as that of caste, creed and communalism, it often becomes extremely difficult for two individuals to wed against the social acceptance. If it were not for the ray of hope provided by the Arya Samaj mandir, the chance for leading a life with a life-partner of one’s own choice would have receded. It is this hope, this vital gap which this institution fills, that still makes it go strong. If you have seen the mass marriages being conducted the Arya Samaj way for the poor and the destitute, you would feel a sense of joy and happiness and serenity on their faces.

Fourthly, even for the rich and the famous, this is a way to getting married in privacy and without the overspending on opulence. For them, it offers a simple and dignified way of getting married with due social and legal sanction.

Lastly, this institution has been successful in achieving social transformation. The fact that is still being used by the younger generation to cut the shackles of orthodoxies amply demonstrates its continuing relevance for the society even today.

What is changing the mindset of people towards love marriages?

India has changed and most of the change has been for good. A major portion of our social life consists of living together and being good to other people. But to what extent do you think this should influence our personal decisions? Looking at the way Indian weddings have long been conducted with huge preparations and lavish decorations, what comes to your mind? How many people will actually think that the couple’s life will be changed forever from that day? That each and every decision of their lives will be different from that day?

What do parents look for while selecting a bride/ groom for their children? Even in the big cities such as Gurgaon, most of the time parents still think whether the chosen life –partner will be looked upon as a great person by their relatives or not. How will other people in the neighborhood react when they meet the person? To think about it, this is an absolutely incorrect way of looking at a marriage. The life partner is some-one who is expected to share all the joys and sorrows of the other throughout the life. The thinking, mentality, mental compatibility, maturity levels, sense of living etc. are the major factors that should determine the future course of life for the couple.

 
In Gurgaon, there has been a gradual shift in the mind-set of parents while selecting life partner for their children. At the same time, more people are today accepting love marriages. One big reason for this change has been the busy life-style and schedule that people follow in Gurgaon. Most of the couples are working today and hence, this further enhances the need for understanding and supporting each other in this challenging world. Institutes like Arya Samaj have also encouraged the youngsters to take their decisions independently. Arya Samaj Mandir supports love marriages also. Parents also know that the younger generation does not make compromises as used to happen in the past and is extremely important for an arranged marriage to work. Arya samaj mandir in Gurgaon has also experienced a sharp increase in the number of people coming for registering love marriages.

MP High Court Gets Strict on Same Day Arya Samaj Marriage

If the love birds had thought of getting married in an Arya Samaj Mandir at a short notice, it would not be all that easy to do now. While the institution of Arya Samaj marriage was created to break the social taboos of caste, creed and religion so that the young hearts can marry at their, the long established institution has now gained infamy because of the various malpractices that are followed, legal loopholes and the general parental dislike for this system which is increasingly creating social chaos.

In an attempt to regulate the systems better, without taking away its reformist benevolence, there have been a number of rulings from the high courts of different states. The most recent one comes from the High Court of Madhya Pradesh which has clearly laid it down that the couple looking to get married at the Arya Samaj Mandir will have to wait for at least one week. During the course of this week, the court has directed that:

1. Temple would seek written applications from the to-be bride and groom.

2. Temple would fix the date of marriage at least a week later.

3. Management of temple will inform the parents of both the to-be bride and groom with a duly registered intimation about the date and time of marriage.

4. Information will also have to be sent to the local police station and office of District Collector under whose jurisdiction the residences of both the to-be bride and groom come.

5. At least 5 relatives from both sides need to be present at the Arya Samaj marriage.

With these small set of guidelines, there is an expectation that the misuse of this noble institution of marriage, which provides a way to the poor to get married legally and religiously, will be prohibited to a good extent. These will also help in preventing the social tensions and enabling the law enforcement agencies to remain informed and to make the parties informed of the correct position of law in respect of these marriages. There will no longer be a tendency to elope and get married without the presence of any relative. This will also prevent the tendency among the wedding aspirants to circumvent the court marriage route since, with the closure of gaps in Arya Samaj marriage, there will be level matching with the court marriages to a greater extent.