Transformation Of Hindu Marriage From Sacrament To Agreement

Abstract

Marriage is considered as an indissoluble union between two souls to remain with each other forever under Hindu jurisprudence. It is also considered as a social institution as because it is a union of two families. As per Hindu law, marriage is a sacrament as well as it is a civil contract. Before Hindu Marriage Act, 1955 the nature of marriage was almost sacramental, however the codified Act and it’s time to time amendments has given a revolutionary perspective in the concept of marriage which was in vogue before the codification. The traditional Hindu marriage was a sea of diverse rituals. But after enactment of the Act some conditions are given more importance than religious rituals. Considerably during the few decades with the pronouncement of landmark judgments by the Supreme Court as well as various High Courts, and initiative taken by human rights organizations and women bodies has afforded to think marriage as an agreement more than sacrament. The acceptance of living relationship and growing instances of divorce cases by the members of the society also pushed to rethink over the nature of marriage before Hindu Marriage Act, 1955 and aftermath of it in recent era of globalization.

The present paper will focus on marriage as a sacrament and marriage as a contract and the effect of rituals and registration of marriage among Hindu people.