LEGAL REFORMS IN INTERCASTE MARRIAGES
Mohini Singh& Aman Deep Sharan
ABSTRACT
Marriages in India are not less than a festival. Marriages are considered as sacrosanct, and it is not only
meeting of two individuals but also meeting of two souls and two families. Marriages in India are heavily
dependent upon religion and caste. Where some families accept marriage in other caste and religion,
some does not believe in such marriages and ends up using to stop inter-caste marriages. Some also
believe that caste system can only be eradicated through inter caste marriages and education. In India,
caste is basically in a hierarchy such as, Brahmins, Kshatriyas, Vaishyas and Shudras. Every human
posse’s human rights since birth and no one can take away these rights. The present paper is going to
analyze whether Inter-caste marriages are still pertinent in India and what people think about inter-caste
marriages and honour killings through a survey conducted. The author is also going to discuss the basic
human rights regarding marriages and there is one important part in this paper, which is an interview with
the founder of AKS, Trichy.
Keywords: Inter-caste, marriages, alliance, religion, families, hierarchy, rights, laws, education.
Fifth Year student of B.A. LLB.(Hons.) at NMIMS, School of Law, Mumbai. [Authored on September 15 th, 2021]
Fifth Year student of B.A. LLB.(Hons.) at Tamil Nadu National Law University. [Authored on September 15th,
2021]
Published in Article section of [Link]
INTRODUCTION
“A marriage is an alliance between man and woman recognized by law. It is sometimes defined as an act,
ceremony or process by which relationship of husband and wife is constituted. It is to be pointed out that
the meaning of marriage differs in different countries.”
- Hari Singh Gour
Caste and religion are integral part of the society in India. These two things determine your status in front
of the people. These two systems sometimes bring gaps between communities and also hatred which
results in violence in many part of the country in India. Marriages are considered as soul and essential for
every person to survive in the country. Marriages are only accepted when you marry in your caste and
religion, although most of the country has accepted inter-caste marriages because of education and
modernity, the problem persist to exist.
In India, the most important thing considered in a family is Honour and it is above everything else in the
society. People while trying to save their honour, go to another level and end up hurting their loved ones.
Over the past few years there has been a tremendous rise in the cases of Honour Killing, particularly in
the year 2015. In addition to this most of the cases go unreported by the police. The National Crime
Records Bureau regularly collects the data related to the Honor Killings 1.
Honour killings and Honour crimes consists of the act of the violence and harassment done to the couples
who desire to get married without the consent and against the will of their families and community.
Honour killings and crimes are done in variety of forms and the justification given for committing such
crimes are that they were done to save the pride and reputation of the families. These killings are
violation of many laws along with a lot of Human rights violations. The inter caste marriages are
considered as rebellious acts against the community. These crimes cover a wide range of apparent forms
of violence, including unlawful confinement, assault, acid burning, humiliation, torture, and exploitation,
and expose victims to the worst forms of violence, including terror, deprivation, discrimination, and
devaluation, rape, and, of course, cold-blooded murder2.
1
National Crime record Bureau, 2015.
2
Dr. Dharmendra Kumar Singh, Inter-Caste or Inter-Religious Marriages and Honour Related Violence in India, 6 IIJSSI 49,
49(2017).
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LEGAL PROVISIONS
Honour crimes are violative of Fundamental rights enshrined under Articles 14 3, 15 (1)4 and (3)5, 176, 187,
198 and 219 of the Indian Constitution. Right to Life and Liberty to all persons irrespective of their
citizenship is enshrined under Article 21 of the Indian Constitution. Honour crimes are considered as
heinous homicide and fall under the Indian Penal Code. Section 29910 and 30111 talks about culpable
homicide not amounting to murder,whereas Section 300 of the Indian Penal Code deals with murder.
Honour crimes are considered as homicide and falls under the category of murder because they are
committed with the goal of murdering the victims for allegedly bringing disgrace to the family. The evil-
doer of the crime can be punished under Section 302 of the Act. Not only the offender but also the family
members and community can be prosecuted under Section 302 of the Act for inciting suicide among
individuals who violate the group's so-called norms12.
In the case of Lata Singh vs. State of U.P.13, the court observed that:
“This is a free and democratic country, and once a person becomes a major he or she can marry
whosoever he/she likes. If the parents of the boy or girl do not approve of such inter-caste or inter-
religious marriage the maximum they can do is that they can cut off social relations with the son or the
daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the
person who undergoes such inter-caste or inter- religious marriage. We, therefore, direct that the
administration/police authorities throughout the country will see to it that if any boy or girl who is a major
undergoes inter-caste or interreligious marriage with a woman or man who is a major, the couple are not
harassed by any one nor subjected to threats or acts of violence, and anyone who gives such threats or
harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting
criminal proceedings by the police against such persons and further stern action is taken against such
persons as provided by law. We sometimes hear of `honour' killings of such persons who undergo inter-
caste or inter-religious marriage of their own free will. There is nothing honourable in such killings, and in
fact they are nothing but barbaric and shameful acts of murder committed by brutal, feudal minded
persons who deserve harsh punishment. Only in this way can we stamp out such acts of barbarism.”
The main purpose for implementing Special Marriage Act, 1954 14 was to provide a special form of
3
INDIA CONST. art. 14.
4
INDIA CONST. art. 15, cl. 1.
5
INDIA CONST. art. 15, cl. 3.
6
INDIA CONST. art. 17.
7
INDIA CONST. art. 18.
8
INDIA CONST. art. 19.
9
INDIA CONST. art. 21.
10
Indian Penal Code, Act no. 45 of 1860, Sec 299.
11
Indian Penal Code, Act no. 45 of 1860, Sec 300.
12
Supra note 3.
13
Lata Singh vs. State of U.P., MANU/SC/2960/2006
14
The Special Marriage Act, 1954 (India).
Published in Article section of [Link]
marriage for all the people irrespective of their religion or caste. The Act applies specially in cases in
which the Khap Panchayats have forcibly separated married couples who are of marriageable age.
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 15 was enacted in order to
prevent enormity against Scheduled Castes and Scheduled Tribes. The Act, thus covers, the incidents
that involve the killing of couples intending to marry out of their caste or religion and fall under the
category of honour killings.
The Protection of Human Rights (Amendment) Act, 2006 16 was enacted to protect the individual human
rights and human rights commissions were set up at different levels such as National, state and District.
State parties are required by Article 12 17 of the International Covenant on Economic, Social, and Cultural
Rights (ICESCR1976) to take all reasonable means to ensure that everyone has access to the highest
attainable standard of physical and mental health. Sexual and emotional assault, as well as physical and
mental torture, is some that can be counted as crimes of honour that hinder women's right to the best
possible health. India is a state party and it has an obligation to make sure that the victims and individuals
of crimes of honour should have a proper availability to this right 18.
The concept of elimination appears in the Declaration on the Elimination of Violence Against Women
(1993) as well as Working Towards the Elimination of Crimes Against Women Committed in the Name of
Honour (2003). However, eradicating a phenomenon like honour killing necessitates a significant change
in the status quo. Equal gender relations have not yet been achieved and violence still exists in the name
of honour. The whole system in itself is patriarchal and insensitive 19.
The Universal Declaration of Human Rights, (UDHR 1948) 20 affirms the principle of the inadmissibility of
discrimination and inequity and proclaims that all individuals are born free and equal in dignity and rights
and freedom set fourth therein, devoid of distinction of any kind including distinction based on sex.
It is therefore imperative that a separate law is drafted and in force that deals with the horrendous
problem of honour killing and that it should be a non-bailable offence. The empirical study that I took
reflects on the same aspect about the urgent need to cater to this problem.
15
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
16
The Protection of Human Rights (Amendment) Act, 2006
17
ICESCR, 1976.
18
Neelam Kejriwal, Honour Killings in North India, available at [Link]
Society/Paper/92_honor%20killing%20by%[Link].
19
IBID.
20
UDHR, 1948
Published in Article section of [Link]
DATA INTERPRETATION
The respondents in the present study chosen for the empirical research are students and Married
couples. The empirical study also has an expert opinion of Mr. Gunashekaran, co – founder of Adhalinal
Kaadhal Seiveer (AKS) an NGO that helps couples from different castes get married against the pressure
of the society.
Qualitative Research
What are your views regarding Inter-Caste Marriages?
The empirical research done shows that people doesn’t care about caste, and they just want the couples
to be happy. Some also believe that the marriages depend on trust, love, respect and understanding and
not on caste. Although Inter-caste marriages are considered as a taboo, most of the people have
changed and started accepting inter-caste marriages. The expert believes that whether it’s a love or an
arranged marriage the boy and the girl should only get married if they like each other.
This also leads to the implication that the younger generation is more likely to accept inter-caste
marriages and not indulge in hate crimes in the name of inter-caste marriages.
What is an Important and valid factor for marriage?
The study reveals that the important factors of marriages are love, trust, compatibility and respect. If both
the bride and groom agree to marry each other then there shouldn’t be any problem regarding marriage.
The study also reveals that the thinking of both the person should match to make it a beautiful marriage.
This implies that the stigma behind inter-caste marriages has been abdicated from the society and this
concept is obsolete in the modern-day society.
Why do you think caste plays such an important role in marriage for some? Real
discrimination or tradition or both?
The study emphasizes that traditions are so engraved deeply in the lives of the people that now it’s
become the way of living for some. People are so much dedicated towards their tradition that they are not
Published in Article section of [Link]
ready to accept the changes that are good to bring equality and to improve the future. The study also
reveals that people believe that Casteism in India has been since time immemorial. And mainly it is
mainly seen the Hindu predominant society. Marriage is a big issue in the Indian society mainly
because the families involved either don't like the other family or take themselves as the superior
ones in terms of castes. Hence, since time unknown it has been a real discrimination which later
turned into a tradition that the upper class and the lower class f amilies should not develop a martial
relation.
This paper highlights the discrimination that still exists in the society in the minds of the older generation,
which has been carried forward through several generations due to the caste-based hegemony that has
existed since time immemorial.
Human rights are basic rights that are given to every human being irrespective of
their caste and sex. What more do you know about human rights?
The study reveals that some have great knowledge about Human rights. They believe that Human rights
are Rights vested to every human being irrespective of any social, economic or any other status.
International bodies such as UDHR, ICCPR lays down the principles for the nations to protect their
citizens from any such violation of human rights which is based on any social, economic or any existing
factor. Discrimination in terms of caste, colour, sex, religion etc is violation of human rights. Some also
believe that everybody talks about Human rights but nobody talks of humanity, human rights
organizations are as political as they can get, humanity instead of human rights should be introspected by
a strong political economic agendas which helps the masses to grow as well should be introspected on a
personal level through the only path of education.
This research highlights that there are human rights laws and commissions to safeguard our rights but
sometimes due to political agendas these rights are not fulfilled and due to which people’s rights are
violated.
What are your views regarding violent behavior and intense discrimination in the
name of pride in inter caste marriages?
The study reveals that people do believe that every couple can decide they are going to be happy with
their marriage life or not. Honor killing’ is the murder of a family member by other family members in the
name of protecting ‘honor’. In most of the cases, the reasons are refusal for arranged marriage, marrying
or being in relationship with the person outside their caste or religion & becoming a victim of rape.
The study also emphasises that in many incidents where in the name of pride and honour, people do not
hesitate to hurt someone who tend to love or marry someone of the other caste and particularly of the
Published in Article section of [Link]
lower caste. Honour killings must be stopped and stricter laws should be enforced which would help the
Human Right activist to maintain peace in the society and the safety of everyone. Discrimination and
violent behaviour is a stereotypical thought which needs to be considered at a global level not only in
India but it should be introspected through education and strong economic agenda. This also highlights
that even though the country is moving towards modernity, it is lacking basic education and due to which
this sort of violent behavour is increased. Families don’t want their children to marry in other caste in the
name of families pride and sometimes end up hating their own children.
What should be done to stop honour killings and curb such social evils?
The expert believes that Couples who want to do an inter – caste marriage should come out in the open
and fight for their rights. If the lovers from different castes want the opposition to be eliminated, the only
solution is to fight the opposition. People think falling in love is a crime, but they should have the right to
choose their own partners. Honour killings will stop if the mentality of the people changes. A family will
accept if the boy drinks but the same family sets very high moral standards for the girl. People think that
the families honour is tied to the girl or boy who can either keep up the honour or let dishonour the family
through her actions.
The study also reveals that government is the one who encourages and discourages a larger section of
the society, and so government should take serious steps to remove these evils. There is a requirement
for serious punishment and separate law to punish the criminals and to rehabilitate and support the
affected people. Education regarding this should be given more emphasis. It shows that there is an
urgent need for proper implementation of the existing laws that deal this issue. Although there are laws,
there is urgent requirement of strict separate laws to curb this social evil which is pertinent in the country.
Published in Article section of [Link]
CONCLUSION
Caste-based discrimination has been prevalent in our country since time immemorial. The seeds that
were sown during the Vedic era are still prevalent even in the 21st century which reflects a sad reality that
we, as a society have failed to change with the changing times. Here, law should act as a means to
reflect a change in the society because the vice-versa is a distant dream.
To conclude, this paper all in all highlights the problem of honour killing that stems out from inter-caste
marriages which are still not accepted by our society. Every person has a right to live and marriage, which
is a u nion of two souls and their families, also has the right to culminate into a prosperous life.
Women have been subjected to honour killing because our patriarchal society has still not accepted that a
female has individual rights as well to a balanced and healthy private life, which should ideally not be the
subject for public discourse or something that paves way to heinous crimes such as honour killing.
Therefore, our elected politicians should take this serious topic in consideration and engage in a healthy
discussion by educating the public about normalizing inter-caste marriages and make honour killing a
non-bailable offence under the IPC.
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