SELF RESPECT MARRIAGE
Background:
- The Hindu Marriage (Tamil Nadu Amendment) Act, 1967 was signed into law by the President in 1968.
- By adding Section 7-A, this amendment changed the Hindu Marriage Act of 1955.
Nevertheless, it was limited to the state of Tamil Nadu. - The special provision on “self-respect and secular marriages” is covered in Section 7-A.
- Any marriage between any two Hindus is recognized by law, regardless of whether it is called a “suyamariyathai,” “seerthiruththa marriage,” or another term.
About
- These unions are formally proclaimed to be husband and wife in a language that both parties can understand in front of family, friends, and other witnesses.
- In addition, each partner in the marriage garlands the other, places a ring on their finger, or ties a mangal sutra, or “thali.”
- But according to the law, these marriages also have to be registered.
Rationale behind the Tamil Nadu government amending the Hindu Marriage Act, 1955
- By doing away with the requirement for holy fire, saptapadi (seven steps), and required Brahmin priests, the idea was to drastically simplify weddings.
- This made it possible for marriages to be announced in front of the couple’s friends, relatives, and other acquaintances.
- To put it briefly, the amendment eliminated the requirement for priests and rituals, which were previously necessary to complete wedding ceremonies.
What has the top court ruled on ‘self-respect’ marriages in the past?
- The main thrust of this provision, according to the court, is that the presence of a priest is not necessary for the performance of a valid marriage.
- In the 2001 case of “S. Nagalingam vs Sivagami,” the supreme court recognized the petitioner’s marriage to his wife as valid despite the ceremony of “saptapadi,” or seven steps around the sacred fire, not taking place.
- A marriage can be consummated in front of friends, family, or other witnesses.