Monday 29 July 2013

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.

Friday 26 July 2013

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.

Thursday 4 July 2013

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.