Serial Page Number Name of Content Number Research questions & Introduction i of Hindu marriage law 01
ii Hindu marriage law in Bangladesh 02-03
Comparative study: • India 04-06 iii • Nepal • Bhutan Comparative study table & iv Research findings 07
v Conclusion of Hindu marriage law 08
vi Opinion of myself 09
vii Bibliography & References 10
Research Questions: • Why a Hindu marriage is a solemnized not a contract? • What will be the effect on children identity if Hindu marriage not complete their registration during marriage? • What will be my opinion after comparative study of Hindu marriage?
Introduction: Hinduism is the world's oldest religion, according to many scholars, with roots and customs dating back more than 4,000 years. Hindu marriage is not a contract. But Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party. Hindu marriage, known as "Vivaha" is a sacred union between two individuals and their families. The word vivaha originated as a sacred union of two people as per vadic traditions, i.e. what many call marriage, but based on cosmic laws and advanced ancient practices. Under vedic Hindu traditions, marriage is viewed as one of the samskaras performed during the life of a human being, which are lifelong commitments of one wife and one husband. In India, marriage has been looked upon as having been designed by the cosmos and considered as a "sacred oneness witnessed by fire itself. Hindu families have traditionally been patrilocal. It involves rituals like Saptapadi (seven steps) and Kanyadaan (giving away the bride). Hindu marriage is regarded to be a sacrament by Hindus, rather than a form of social contract, since they believe that all men and women are created to be parents, and practice dharma together, as ordained by the Vedas. Emphasizing commitment, love, and duty, it often includes traditional ceremonies, vibrant celebrations, and is considered a lifelong partnership. In addition to, Hindu marriage laws in South Asia are rooted in ancient texts, cultural practices, and modern legislative frameworks. While these laws share a common heritage, the legal frameworks governing marriage differ significantly across Bangladesh, India, Nepal, and Bhutan. This assignment explores the similarities and differences in Hindu marriage laws among these countries, examining the legal structures, cultural influences, and challenges faced by Hindus in each nation. Hindu marriage law in Bangladesh: Hindu law, applied in Bangladesh is also called as Anglo-Hindu law because of the application of legislative reforms that were mostly taken place during the colonial regime in India. Bangladesh introduced the Hindu Marriage Registration Act, 2012, providing for optional marriage registration for Hindus. However, the act primarily aims to regularize marriage documentation rather than alter religious customs. Traditionally, marriage ceremonies among Hindus in Bangladesh are solemnized through religious rites such as the “saptapadi” (seven steps around the fire) and vows. Notably, registration of a Hindu marriage remains voluntary, though recommended for legal validity in cases of inheritance or disputes [^1]. Form of marriage- there are 8 forms of marriage, 4 of them are approved and 4 of them are not approved. Approved forms are: - • Brahma • Daiva • Arsha • Prajapatya Unapproved forms are- • Gandharva • Asura • Raksha • Paishacha Only 2 forms are available now- Brahma & Asura. Bangladesh has generally been quite successful in formulating legal measures to combat social ills against women, for example, in areas like domestic violence, violence against women and children generally, acid crimes, dowry etc. Unfortunately, the same cannot be said of family laws. This is one area of law where Bangladesh is significantly lagging behind in bringing the justice system in line with the demands of time. It is to be noted that all legislations relevant to Hindu women (applicable in Bangladesh) were enacted in the British colonial period, namely: ✓ The Racial Inability Remission Act, 1850;
✓ The Hindu Widow’s Remarriage Act, 1856;
✓ The Sati Regulation, 1829;
✓ The Child Marriage Restraint Act, 1929;
✓ The Earned Property Affairs Act, 1930;
✓ The Inheritance Act, 1925;
✓ The Hindu Women’s Right to Property Act, 1937;
✓ The Hindu Women’s Right to Separate Residence and Maintenance Act, 1946. Therefore, in Bangladesh only the above ancient laws are applicable as after 1947 there has been no law that has been enacted in Bangladesh except Registration Act, 2012 There is no bar to the marriage of minors. Thus, even a marriage between two minors is legally valid in Bangladesh between 2 Hindus. However, there is one practical limitation. By virtue of Child Marriage Restraint Act, 1929 (amended by the 1989 Ordinance), a marriage involving a groom of less than 21 years of age or a bride of less than 18 if solemnized, the people involved in the contracting of an underage marriage can be subjected to penal sanctions. However, the validity of the marriage is not affected. The Majority Act, 1875 is not applicable to Hindus, which gives the age of majority for boys and girls. Hindu family laws do not permit divorce under any circumstance. There is no way a man and woman can part ways once they have taken their vows, even if the decision to divorce is mutual. However, in some communities’ divorce is allowed by custom and the courts enforce such customs provided they fulfill the requisites of a valid custom. Polygamy remains legally acceptable under Hindu personal law in Bangladesh, though it is socially discouraged. There is no provision for divorce within Hindu marriages, reflecting a traditional outlook that emphasizes the indissolubility of marriage. [^2] Women’s rights within marriage are limited, particularly in terms of property inheritance, which traditionally follows patrilineal practices.
[^1]: See "Hindu Marriage Registration Act, 2012," Government of Bangladesh.
[^2]: Niharika, R. (2019). Women's Rights under Personal Laws in Bangladesh.
Comparative study about Hindu marriage in India, Nepal, Bhutan: #1. Hindu Marriage Law in India: India’s Hindu Marriage Act, 1955, enacted as part of the country’s secular legal reforms, regulates Hindu marriages. [^3] The law applies to Hindus, Buddhists, Jains, and Sikhs and ensures that marriages are civilly recognized through registration. The act sets the minimum legal age of marriage at 21 for men and 18 for women to prevent child marriage. Polygamy is prohibited, and the act provides grounds for both annulment and divorce, including cruelty, desertion, mutual consent, and adultery. [^4] According to, section 2 of the Hindu Marriage Act, 1955 and The Succession Act, 1956) the Hindu Law will be applicable: a) Any person who is a Hindu by religion in any of its forms or development, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj. b) Any person who is a Buddhist, Jain or Sikh by religion. c) Any other person domiciled in India, who is not a Muslim, Christian, Parsi or Jew by religion. d) Hindus domiciled in the territories to which the Act extends, but who are outside such territories. e) Any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jains or Sikhs by religion. f) Any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jain or Sikh, provided such child is brought up as a member of the tribe, community, group or family to which such parents belong or belonged. g) Any person who is a convert or re-convert to the Hindu, Buddhist, Jain or Sikh religion. In a case decided by the Calcutta High Court, a child whose father was a Hindu, and whose mother was Christian, and who had a Hindu name and surname, was held to be a “Hindu”. (Raj Kumar Gupta v. Barbara Gupta, A.I.R. 1989 Cal. 165) In India, the law also ensures women’s rights through the Hindu Succession Act, 1956, which grants daughters equal inheritance rights. This progressive approach balances tradition with modern legal principles, addressing gender equality within family laws. For the divorce, In India by virtue of the Hindu Marriage Act, 1955 both the husband as well as the wife has the right to go to court and seek dissolution of the marriage. By virtue of Section 12 & 13 of the 1955 Act it is possible.
[^3]: Hindu Marriage Act, 1955, Government of India.
[^4]: Jain, S. (2017). Family Law in India: A Comprehensive Overview.
#2. Hindu Marriage Law in Nepal:
Nepal’s legal framework differs significantly from that of Bangladesh and India. Under the National Civil Code, 2017 (previously governed by the Muluki [Ain, marriage laws apply uniformly to all citizens, with special provisions for various religious groups, including Hindus. [^5] The law mandates compulsory registration of marriages and sets 20 years as the legal age for both men and women to marry. Polygamy is prohibited, and the law recognizes both civil and religious marriages.
Nepal’s progressive legal system allows for divorce by mutual consent and provides grounds such as cruelty, mental illness, or desertion. Importantly, Nepal has taken significant steps towards gender equality in inheritance, granting daughters equal rights in parental property alongside sons. [^6] This aligns with Nepal’s constitutional commitment to non-discrimination.
[^5]: National Civil Code, 2017, Nepal.
[^6]: Adhikari, P. (2020). "The Evolution of Family Law in Nepal: Gender Equality and Beyond."^4]: Jain, S. (2017). Family Law in India: A Comprehensive Overview. #3. Hindu Marriage Law in Bhutan: Bhutan, with a predominantly Buddhist population, does not have a separate Hindu marriage law. Instead, marriages—including those among the Hindu minority—are governed by the Marriage Act of Bhutan, 1980 and its amendments. [^7] This act emphasizes civil procedures over religious rites, requiring compulsory registration to formalize marriages. Polygamy is technically permitted under Bhutanese law, though it is rarely practiced. Divorce is allowed based on mutual consent or fault-based grounds, with equitable division of property. The Inheritance Act of Bhutan ensures that property division after divorce considers both spouses' contributions. [^8]
Polygamy Permitted Permitted Permitted Permitted but
rare
Divorce Not permitted Permitted Permitted Permitted
Not explicitly 21 (men),
Minimum age 20 (both) 18 (both) set 18 (women)
Inheritance Male- Equal for sons Equal for sons
Gender-neutral rights dominated and daughters and daughters
Research findings: • The Manusmriti (Laws of Manu) is the primary Dharmashastra that emphasizes marriage as a sacred, sacramental union rather than a contractual agreement. • Children may face legal complications regarding identity and inheritance right. • After I analysis, Indian Hindu law would be more helpful than Bangladesh for marriage because of no caste system exist in India. Conclusion: To sum up, the Hindu marriage laws in India, Bangladesh, Nepal, and Bhutan share similarities due to their foundation in ancient religious customs, but they have evolved distinctively in each country due to variations in legal frameworks, societal reforms, and constitutional mandates. In India, the Hindu Marriage Act, 1955 governs marriages between Hindus, Sikhs, Buddhists, and Jains. It emphasizes monogamy, provides for legal separation and divorce on specific grounds, and recognizes women's rights in marriage, including maintenance and alimony. The Act also ensures the legality of inter-caste marriages. India's law reflects a blend of tradition and modernity by aligning religious customs with secular legal principles. In Bangladesh, after Partition in 1947, the Hindu community follows traditional laws, but the state has introduced reforms to provide more legal clarity. For example, the Hindu Marriage Registration Act, 2012 allows for the optional registration of Hindu marriages, aiming to enhance women’s legal protection, though divorce is still not officially recognized under Bangladeshi Hindu law. Napal, has codified its marriage laws under the Muluki Civil Code, 2017, which offers a comprehensive legal framework for all communities, including Hindus. It allows interfaith marriages, recognizes divorce, and ensures equal rights for both spouses. Nepal’s progressive approach aims to balance religious traditions with individual freedoms and gender equality. In Bhutan while there is no specific Hindu marriage law, marriages among the Hindu minority are governed by the Marriage Act of Bhutan, 1980. This law provides for secular marriage registration and upholds equality in marital rights, but Hindu practices are respected within the personal sphere. while all four countries uphold the essence of Hindu marriage customs, their legal frameworks vary in how they integrate tradition with modern concepts of equality, women’s rights, and individual freedom. India and Nepal have adopted progressive legal frameworks, while Bangladesh and Bhutan have made efforts to accommodate traditional practices with evolving legal reforms. Opinion: In my point of view, In India the Hindu Marriage Act, 1955, governs Hindu marriages, promoting gender equality by recognizing monogamy, giving rights to divorce, and ensuring inheritance rights for women. This legislation marked a shift from traditional Hindu customs to a more progressive framework. However, some social practices like dowry and child marriage persist despite legal efforts. On the other hand, in Bangladesh lacks comprehensive Hindu marriage laws, though the Hindu Marriage Registration Act, 2012 allows voluntary registration. There is no formal provision for divorce, which creates legal challenges, particularly for women seeking separation. This has raised calls for further reform to ensure gender justice. Other lacks can be no age limitation for marriage in Bangladesh should be harm for responsibility, reason of this short of maturity and limited idea about marriage life. Last of things it that I have no idea about Nepal & Bhutan. so, I can not provide any opinion about those country. Bibliography: • Slide of Aniqa Noorin Lecturer of Law department at Southeast University • Book: Hindu Law in Bangladesh Writer: Mohammad Ataul Karim
References: • Chatgpt • Hindu Marriage Act, 1955 • Newspaper: The Daily Star [22-11-2023] • Youtube: YG Law • Google: - https://www.drishtijudiciary.com/to-the-point/ttp-hindu-law/marriage-under- hindu-law https://www.indiacode.nic.in/handle/123456789/1560
