Sacred Texts and Secular Laws: Feminist Critique of Marriage under Hindu Law

The concept of family is older than that of society, and marriage is at the root of the complex web of interconnected relationships . Marriage under Hindu law was considered a mere traditional sacrament (Sanskara) that is a sacred, indissoluble union, not just between a man and a woman, but between two families, with divine sanction. The basis of marriage was not the happiness of the bride and groom but rather the fulfilment of Dharma, which includes their duty to procreate, attain moksha, and several other religious and societal duties. Concepts of Kanyadaan and Saptapadi upheld the involvement of divine intervention, and the concept of Divorce was non-existent, as marriage was believed to be blessed by the heavens and a truly unbreakable bond. The Hindu Codes 1955-56 fundamentally altered our understanding of traditional marriage. While it acknowledged the spiritual essence of the concept, it gave a contractual dimension, upholding legal principles. The legislation made divorce permissible, legally required monogamy, it transformed the institution of marriage as recognised by civil and social institutions governed by law. The rise of nuclear families, increased female participation in the workforce, and evolving social norms have further challenged traditional patriarchal structures; hence, there’s a need for an institution that continuously adapts to the changing social and economic realities of society. The paper infers that true gender justice requires not just legal reform but also an elementary shift in the judicial and societal mindset that continues to privilege traditional ideals over modern principles.