Superimposition of Endogamy through Excommunication: Socio-Legal Implications

Social groups or communities all over the world maintain their homogeneity through the practice of endogamy, i.e.by marrying within a social unit. Superimposition of endogamy often vitiate the factor of free consent needed in a valid marriage. Another consequence of endogamy is one which affects the society as such; it is an effective tool for the survival of the caste system in India. The practice of endogamy is also linked with the traditions that controlled the sexual rights of women such as sati, child marriages prohibition of widow remarriage etc, which were observed to maintain the purity of blood line. Marriages are more or less choosing the mate and force marriages are thus an intervention to one’s sexual rights. Endogamous marriages don’t take into account the sexual orientation of the group members and often narrow down marriage as a process to reproduce off springs and safeguard the lineage. A violation of the rule of endogamy is often punished with excommunication. The practice of ex-communication is the adjudication of social death of an individual. Superimposition of endogamy through excommunication has serious social and legal impacts. Enforcing endogamy through excommunication vitiates the anti-exclusion principles envisaged under Articles 14, 17, 19, 21, 25 and 26 of the constitution. The case to determine the constitutionality of excommunication is pending before the Hon’ble Supreme Court of India.