“Inter caste marriage:Legal aspects”

[Submitted as a requirement for the Paper VI of LL.M. (General)III to the

Department of Law, University of Rajasthan, Jaipur]

Session: 2023-24

Submitted By:
Name of the Student: Vishakaha Saini
Semester: 3rd
Roll No.: 160
Course: LL.M. (General)
Branch: Tort and Crime

DEPARTMENT OF LAW
UNIVERSITY OF RAJASTHAN
JAIPUR

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 DECLARATION

I, Vishakha Saini, do hereby declare that this project titled “Inter caste

marriage: Legal Aspects ” is based on the original research work carried out

by me. The interpretations put forth are based on my reading and understanding

of the original texts. The books, articles and websites etc. which have been

relied upon by me have been duly acknowledged at the respective places in the

text. For the present dissertation which I am submitting to the University, no

Degree or Diploma has been conferred on me before, either in this or in any

other University.

Date: Signature
Place: Jaipur (Vishakaha Saini )

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 TABLE OF CONTENTS

S. No. Particulars Page No.

1 Introduction 4
2 Chapter I 5
3 Chapter II 6-13
4 Conclusion & Suggestions 14
5 Bibliography 15

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 Introduction
A marriage between two or more castes is referred to as an inter-caste marriage. People only
got married inside their own caste or religion in ancient India, and these relationships were
referred to as inter-caste marriage. When arranged marriages were the norm, people could
only get married to persons of their own caste, and inter-caste marriages were
discouraged. Most conservative Indian households do not support or approve of inter-caste
marriage. Inter-caste marriage is one of the main issues India is now dealing with. However,
due to an increase in education, job, urbanization, and middle-class economic background,
inter-caste marriages are currently permitted in a small number of households in India. The
right to marriage is an element of the right to life, as stated in Article 21 of the Indian
Constitution. The Human Rights Charter includes the right to marry as part of the freedom to
form a family. No matter a person's gender, they have the freedom to marry whoever they
choose. “Notably, one's freedom to marry the person of one's choosing is a crucial
component of that freedom. However, the Special Marriage Act becomes mandatory in
exceptional situations if such matrimonial links are between members of different castes. The
freedom of conscience and the free practice, professing, and spreading of religion is
guaranteed by Articles 25 to 28 of the Indian Constitution (India 1949). Section 25(1)
provides the following: "Subject to public order, morality and health and to the other
provisions of this Part, all persons are equally entitled to freedom of conscience and the right
freely to profess, practice and propagate religion" .
According to the Special Marriage Act, 1954, which allows for a special type of civil
marriage performed "by a registrar appointed by the state that is available to all
persons in India, irrespective of the religion, caste, or faith to which either party belongs"
Indian society has changed to some extent as a result of the changes in time and era that have
occurred today. With numerous social reforms on the horizon, Indian towns have displayed a
remarkable growth in inter-caste and inter-religious marriages, ultimately helping the
communities and castes to exist together. The youth of today are quite receptive to the idea of
inter-caste/ inter-religion marriage. Thus the real impediment is in altering the mind set of
family elders. India has progressed significantly in terms of inter-caste marriages being on the
rise. However this is still not embraced very well by people at large and we have a long way
to go to rid our society of all prejudiced and preconceived notions, to widen our outlook.

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 Chapter 1
What is inter caste marriage?
Hindus divide their communities based on their castes. An inter-caste marriage is one in
which a member of one caste marries a member of a different caste outside of their own. A
Punjabi lad marrying a Brahmin girl, for instance, is an inter-caste union of the so-called
upper castes. Inter-caste marriage issues can arise when a Baniya girl marries a Dalit male
since the so-called lower caste is associated with the upper caste. “We must first put the
notion of inter-caste marriage in context in order to fully comprehend this topic. When two
persons from different castes fall in love with one another and decide to get married, this type
of marriage occurs. According to the Indian Human Development Survey only 5% of
marriages in India are inter-caste marriages. This shows that inter caste marriages in India are
still challenged and highly stigmatized even in the 21st century.”
Inter-caste marriage is a marriage between spouses of different ethnicities and castes. Caste is
a form of social organization based on Hindu religious belief and has been practiced from the
early time in India. The origin of the caste system is in Hinduism, but it affected the whole
Indian society. The ethnic groups and castes are by no means isolated from each other in
India. They have been interacting with each other groups over many years.

Furthermore, with more globalization and increase in educational facilities there is great
change in the views of people on caste behavior. With the opportunities for cultural
exchanges, travel, work and study abroad have brought contacts and relationships with
different castes. Within India also, more and more young people are in contact with one
another across caste and ethnic lines in schools, colleges, and workplaces. Thus, mingling
with different castes and ethnic groups many people are entering into such marriages.
Attitude towards Inter-caste marriages in India coincides with higher educational
achievements of many minority castes. The educational institutions provide
opportunities for inter-caste interactions between people of similar status, thus
promoting inter-caste relationships. With the spread of higher education both among
males and females inter-caste marriages find great favor amongst the younger
generation.

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 Chapter 2
Law to protect inter-caste marriage in India

Provision under Special Marriage Act ,1954-

To legalize and record interfaith and inter-caste marriages in India, the Special
Marriage Act (SMA) was passed in 1954. It allows two adults to legally wed
one another through a civil contract.
Anyone irrespective of religion can lawfully marry any one of the opposite
gender, under this act. Marriage contracted under this act is known as ‘court
marriage’. When a person solemnizes marriage under this law then the marriage
is not governed by personal laws but by secular laws. Similarly the rights and
duties arising out of marriage are also governed by secular law. Succession is
governed by Indian Succession Act, 1925, and not by the personal laws.
The main reason behind the enactment of the Special Marriage Act was to
provide a special form of marriage for the people of India and all Indians
residing in foreign countries, irrespective of the religion or faith followed by
either party, to perform the intended marriage. According to the Act, the bride
and the groom shall observe any ceremonies for the solemnization of their
marriage, provided they complete certain formalities that are prescribed for the
marriage, by the Act.
The Special Marriage Act 1954 has proved to be beneficial for the NRIs,
because it provides for the appointment of diplomatic and consular officers as
marriage officers (registrars), for solemnizing and registering marriages
between citizens of India, in a foreign country. The Special Marriage Act 1954
is applicable throughout India.

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The Special Marriage Act states that a marriage between two persons can
be legalized, only if the following conditions are satisfied at the time of
marriage:
1. Neither of the two has a spouse living, at the time of the marriage.
2. Neither of the two is incapable of giving a valid consent to the marriage
due to unsoundness of mind.
3. Neither of the party has been suffering from mental ailments to such an
extent, that they are unfit for marriage and the procreation of children.
4. Neither party has been subjected to recurrent attacks of epilepsy or
insanity
5. At the time of marriage, the groom should be of twenty-one years of age
and the bride should be of eighteen years of age.
6. Both the parties are not within the degrees of prohibited relationship;
provided where a custom governing at least one of the parties permits of a
marriage between them, such marriage may be solemnized,
notwithstanding that they are within the degrees of prohibited
relationship.
7. When a marriage is intended to be performed in accordance with the Act,
the parties of the marriage shall give notice in writing, in the Form
specified in the Second Schedule to the Marriage Officer of the district,
where the marriage is going to be solemnized.
8. The marriage shall be solemnized after the expiration of thirty days of the
notice period that has been published under sub-section of the Act.
9. At least one of the parties going to perform the marriage should have
resided for a period of not less than thirty days, immediately preceding
the date on which the notice for marriage is issued to the registrar.
10.The marriage officer is bound to display the notice of the intended
marriage, by affixing a copy to some conspicuous place in his office.

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 11.If the marriage officer refuses to solemnize the intended marriage, then
within a period of thirty days of the intended marriage, either party can
prefer an appeal to the District Court, within the local limits of whose
jurisdiction the marriage officer has his office. The decision of the
District Court, regarding the solemnization of the intended marriage, shall
be final.

Judiciary on Inter-caste marriages-

Whatever the Caste in India, the Supreme Court upheld in 2018 that
marriage between consenting adults would be permitted. In 2021, the Supreme
Court emphasized the right of adults to choose their life partner and the need for
society to learn to accept inter-caste and inter-faith marriages while hearing a
case of an inter-caste marriage where the couple was seeking protection from a
criminal case filed by the father of the woman. The judges emphasized the
"need for special rules and a training module for policemen to deal with such
"socially sensitive issues." In 2018, the Supreme Court ruled that attempts to
dissolve marriages between consenting adults by khap panchayats were
unlawful (The Times of India with PTI on Mar. 27, 2018; Reuters on Mar. 27,
2018). demanded a harsh penalty for "village councils that impose
punishments, including murder," on inter-caste marriages (Reuters 27 Mar.
2018). The Supreme Court reportedly ordered state governments to adopt
"remedial, preventive, and punitive" measures to stop "honor killings" and
establish "special cells'' in every district to investigate harassment and threats
against inter-caste relationships . This is according to US Country Reports 2018.
There was no information on whether such "special cells" had been constructed
among the sources the research team consulted. The Delhi High Court
emphasized in August 2022 increasing awareness of the presence of special
cells in each district to handle complaints relating to harassment of inter-caste
marriages. The Supreme Court issued the omler to establish the cells.

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Justice Jasmeet Singh said, "It's a noble cause. But it shouldn't be an empty
formality or paper exercise, Please sensitize people. In case they are at a nascent
stage, please activate them. It's the need of the hour. It's a wonderful purpose,
remarked Justice Jasmeet Singh. But it shouldn't just be a formality or adrillon
paper. Sensitize folks, please. Please activate them if they are just getting
started. The time calls for it.
The observations were made by the Supreme Court As it was deliberating
Karnataka inter-caste marriage case. On Tuesday, the Supreme Court ruled the
people of legal age have the freedom to pick their life mate while also urging
society to accept interfaith and inter-caste unions.
The court stated: "Educated young boys and girls are increasingly choosing
their life partner on their own. While society and parents may view this as a
deviation, the police authorities are duty bound to keep such couples out of
trouble the violating the law.
The USCIRF claims that Indian state institutions face serious capacity" issues
that make it difficult for them to address issues of communal violence or deliver
justice to those who have been victims of widespread past acts of violence;
however, the source makes no specific mention of these issues and instead
claims that the Supreme Court, the Ministry of Minority Affairs, and the
National Commission for Minorities are active and "provide opportunities for
the government to protect minorities and counter of intolerance”

Hence it can be said that the Special Marriage Act is basically the legislation
formalized to give validity to few specific marriages which are declared as void
or voidable under the provisions of various personal laws. Due to this feature of
the act, it is one of the most secular laws in civil matters of an individual. This
step can further help in strengthening good relationships between various castes
and religions.
In the case of Lata Singh v. State of U.P., (2006)5 SCC 475-

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The court directed the state machinery throughout the country to take
appropriate steps and ensure that a boy or a girl who undergoes an inter-caste or
inter-religious marriage is not subjected to violence or harassment. The
proceedings of the Fastrack Court were quashed and directions were given for
the Institution of appropriate criminal proceedings against the brothers of the
petitioner.
Honor killings - The caste based honor killing is one of the major reasons for
the honor killing. Such kind of killing activity is raised in the current scenario
and the major reasons for such crimes are the thinking of the caste, religion is
the highest honor and that brings them honor in the society. The caste based
honor killing is based on inter caste marriage.
In the case of Arumugam Servai v State of Tamil Nadu (2011) 6 SCC 405
Although this case had nothing to do with Inter caste marriages but the issue
related to inter caste marriage found a very sound mention in this judgment
rendered by the Supreme Court. The facts of the case are that the Court was
adjudicating a dispute relating to an altercation which happened between certain
people on the festival of Jalikattu and they had engaged in a fight along with
having hurled abuses by using derogatory words entrenched in casteism.
It was held by the Supreme Court after quoting the decision of Lata Singh v.
State of U.P. that the concept of Khap Panchayats is totally wrong and illegal. It
was observed that there is nothing honorable about honor killings and it is
barbaric and shameful. It was held that such actions need to be dealt with
strictly and people engaged in such activities have to be given the harshest
punishments.
It was held that taking the law in their own hands was unjustified and wholly
illegal and these panchayats act as Kangaroo Courts. As such directions were
issued to the police and state authorities to be vigilant and keep a tab on such
activities.

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Inter Caste Marriage Scheme-
Every State in India runs intercaste marriage schemes to safeguard and promote
intercaste marriage and couples.
Intercaste partnerships are still stigmatized in some parts of India, which makes
those who marry outside their caste vulnerable to discrimination, hostility, and
marginalization. The Dr. Savita Ambedkar Inter Caste Marriage Scheme,
launched by the Government of Rajasthan, intends to encourage inter-caste
weddings by providing a financial incentive of Rs 10 lakh.
The Inter-caste Marriage Scheme is an initiative by the Government of
Himachal Pradesh to promote inter-caste marriages and encourage social
integration. Under this scheme, financial assistance of up to Rs. 75,000 is
provided to couples belonging to different castes who get married. The scheme
aims to break down caste barriers and promote social harmony.
Haryana State's Mukhya Mantri Samajik Samrasta Antarjatiya Vivah Shagun
Yojna The wedded couple is given a reward in the amount of ₹ 101,000 for their
efforts.
Under this program, young people from general castes are given an incentive
payment of Rs. 200000/- for getting married to young people from scheduled
castes. Applicants are required to get their marriage registered with the
Collectorate under the Hindu Marriage Act of 1955. Also, it is mandatory to
submit your complete application along with all necessary letters within one
year of thedate of marriage on the "Scheduled Castes Development Portal"
plans of the Madhya Pradesh government.

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The Telangana government has a plan called the Inter-Caste Marriage Scheme
2023 to encourage intereaste unions among the SC population. The
yojanaawards couples whowed outside of their caste ₹2.5 lakhs.
All prior intercaste marriages received compensation in the amount of Rs.
50,000 under the Maharashtra Intercaste Marriage Scheme. The Maharashtra
government has now decided to increase this incentive amount to Rs 3 lakh in
conformity with the new verdict, after which thefavored couple will receive Rs
3 lakh in aid under the Maharashtra Inter-caste Marriage Act Inter-caste unions.
Puducherry's Adi Dravidar Welfare Department gives inter-caste married
couples an incentive at the rate of Rs. 50,000/- in an effort to promote
inter-caste marriage and eradicate untouchability and casteism in society.
In addition, the government promotes marriages between members of scheduled
and non- scheduled castes under the Dr. Ambedkar Scheme for Social
Integration. Additionally, there is a clause that protects couples who worry
about repercussions from their families for deciding to wed someone outside of
their caste, community, or religion, including the possibility of honor killings.
Inter-caste weddings continue to be a challenge for thousands of couples,
despite all the significant socioeconomic shifts and legal restrictions. Despite
the fact that more people have spoken out regarding interfaith and inter-caste
weddings, they still come riddled with issues and problems that need to be dealt
with and taken care of by the system.

Data analysis of inter caste marriage in India -

In case of India, inter-caste marriage is high among the couples who marry
recently as compared to those who marry before 20 years. This implies that the
phenomenon of inter-caste marriage is a recent one. Likelihood of having
inter-caste marriage is almost 24 percent high among couples who marry more
than one times. In urban areas 10 percent women are more likely to have
inter-caste marriages than in rural areas. Education of both wife and husband

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have negative effect on inter-caste marriages. Husbands with higher education
are 16 percent less likely to have inter-caste marriage than illiterate husband and
women with higher education are 10 percent less likely to have inter-caste
marriage than women with no or low education. Mass media exposure and
wealth do not show any significant effect on inter-caste marriage. After
controlling all other socio economic variables, it is found that states also have
significant effects on inter-caste marriage and there is a spatial variation in the
incidence of inter-caste marriage. As compared to Uttar Pradesh and
Uttaranchal likelihood of having inter-caste marriage is more than two times in
Punjab and Haryana, Assam, Maharashtra and Karnataka which are
socio-economically more prosperous. Whereas in Rajasthan, Madhya Pradesh,
Bihar, Andhra Pradesh and Tamil Nadu which constitute the bulk of the
socio-economically backward states, inter-caste marriage is low as compared to
Uttar Pradesh and Uttaranchal. However, percentage of inter-caste marriage is
high in Orissa and Gujarat by almost 70 percent.

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 Conclusion and suggestions

Suggestion -
● Stressing the importance of love and those they cannot have a happier
married life if they marry someone else in order to persuade parents to
accept the marriage proposals.
● Educating the community about the true meaning of marriage and its
values, eliminating unneeded beliefs and customs that undermine the
cast's harmonious connection, and adjusting to modern society are all
important.
● Recognizing and honoring the customs and cultures of others.. This will
lessen friction in inter-caste weddings between the partners.
● Teach the families that their daughters' and sons' lives are more important
than the stereotypes and myths associated with their caste.
● Ina marital relationship, respecting one another's caste and culture will
allow the couple's close relationship with their families to grow stronger.
Conclusion -
The government mostly supports the eradication of caste barriers in India, but
their focus is mainly on love marriages; they also encourage arranging
marriages. Inter-caste marriages are expected to increase with modernization
and socio-economic development. To reduce caste discrimination, it is crucial
to glorify and promote these marriages, with incentives given to couples
registering under the Special Marriage Act. The government should improve

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incentives, simplify procedures, and provide adequate appreciation and
incentives to promote inter-caste marriages. The legislature should also make
amendments to protect couples who believe they have committed by marrying
inter caste. The procedure and registrars made under this act should also be
simplified, and they can be given adequate appreciation and incentives to
promote.
Bibliography /Refrences
1. Special Marriage act, 1954
2. https://indiankanoon.org
3. The Constitution of India 1950,
4. Samarth Trigunayat,(2014)Inter-caste & Inter-Religious Marriages:
Social And Legal Issues, awctopus.com/academike
5. https://www.indiatimes.com/explainers/news/laws-to-protect-interc
astemarriages-in-india-577759.html

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