Incest, Custom and Constitutionalism: Evaluating the Sapinda Relationship Bar on Marriage

The concept of Sapinda Relationship traces its roots to ancient Hindu texts, reflecting the belief that union in close consanguinity can disrupt both the moral and biological structure of the family. However, in the contemporary context of urbanisation, intercommunity mobility, and the growing assertion of individual autonomy, this statutory restriction has recently come under constitutional scrutiny. This paper aims to evaluate whether such a restriction still fulfils a legitimate public purpose within a progressive, rights-based constitutional framework that upholds personal liberty.