Marriage in Hinduism
Hinduism is one of the oldest, most recognized, and prevalent religion in the world. With more than 900,000,000 adherents, it is deemed as the world’s third largest religion. The Hindu rituals and practices have been preserved and followed for hundreds of years. One such practice is the concept of marriage in Hinduism which has evolved over centuries and still very much embedded in the culture of Hindus.
Marriage as an Institution
Marriage in Hinduism is viewed as an institution which signifies the permanence of the bond between two individuals, as well as between their respective families. Marriage is seen in Hinduism as a social and religious duty of individuals and their families, something that inseparably bonds two people on the path of their spiritual journey to achieve the ultimate goals.
Marriage is considered in Hinduism as the union of two souls and of two families, who with the blessing of God, enter into this bond with full faith and devotion. Marriage is seen as the auspiciousness of two halves of the same entity, coming together as one, marking the beginning of a lifelong commitment. According to Hinduism, being married to another individual is the ultimate path of being one with the divine.
Pregnancy and Marriage in Hinduism
While marriage is all about building a relationship, pregnancy in Hinduism is believed to be a blessing from God and a starting point for a couple’s new life together. As per Hinduism, it is considered a sin to marry a pregnant woman but this point often invites debate. Hilary Rodrigues, a leading religious expert, states that “Hinduism is a vast religion, which prohibits marrying women who are already pregnant, primarily due to the concept of premarital sex being a taboo”.
However, certain experts state that due to certain practices, this is not always followed. An educationist, Vimla Connors, adds, “In some Hindu circles, it is still acceptable to marry a pregnant woman. For example, the practice of Nata Pratha, which is a form of traditional marriage in certain sections of Hindu societies, encompasses the idea of getting married to a pregnant woman”. But, on the other hand, some believe that while allowing pregnancy before marriage, it also gives leverage to single mothers who despite this practice, remain socially and economically backward.
Case Studies
In light of such circumstances, a number of cases have arisen over the years, leading to the interpretation of such Hindu practices and customs. One such case behind such interpretation is the Renuka Damor case, wherein the Supreme Court of India ruled that such religious beliefs are not binding upon people and no such customs or traditions are to be followed which are in distinction to the interests of an individual or a society.
Similarly, another case Mahendra Pal v. K.L. Sood stated that marrying a pregnant woman with the consent of both the families is against the prevalent Hindu customs, but if there is any kind of coercion involved, it will be punishable by law.
Traditional belief
Generally speaking, the customary belief among Hindus is that if a woman discovers herself to be pregnant before marriage and it turns out to be her father’s responsibility to marry her off, then the father will marry the woman himself, on behalf of the unborn child’s father. In other words, the father takes the responsibility killing two birds with one stone, albeit such practices are looked down upon in mainstream Hinduism.
Religious point of view
From a religious perspective, most Hindu authorities advise to refrain from such practices and state that marriages should only take place only after the baby is born and both the father and mother are sure of their commitment and responsibilities towards their child.
Conclusion
To conclude, whether or not a pregnant woman can marry in Hinduism is intricate and debatable topic, and it largely depends on individual situations and circumstances. Taking other factors into consideration, marrying a pregnant woman could be deemed acceptable. At the same time, marrying a pregnant woman with full awareness of the situation and absence of any form of coercion on either parties involved, is a matter of concern. What remains clear is that every individual has the right to make a conscious choice over their lives and customary practises should not impose a restriction on one’s personal decision.
Paternity Rights
Marrying a pregnant woman implies that the woman in question is already pregnant with a child and the man agrees to a marriage knowing the situation. In such cases, the paternity laws in India states that the man thus agreeing to marry a pregnant woman automatically assumes the responsibility of the child once the marriage takes place.
In spite of this, India has different laws which deal with the issue of paternity. Such laws establish the fact that the husband and wife are completely responsible for their children once the marriage has taken place and that the paternity rights of children born out of marriage with a pregnant woman cannot be denied by anyone. This law also states that the husband must take care of his child regardless of the circumstances in which the child was born.
Adopting the child
An added complexity is faced when it comes to adoption in India, as there is a specific set of laws which deal with adoption, and they state that if a parent who is married to a pregnant woman wishes to adopt the unborn child, then the consent of both the biological parents and any other person who is legally entitled to the guardianship of the child may be required.
In some scenarios, adoption by the step-parent may be made easier, provided if there is proof that the biological parent is either dead, missing or have relinquished the rights to their child. In the event that a stepparent wishes to officially adopt a child who was born to a pregnant woman, then the legal process is similar to adoption of other children.
Custodial Rights in case of Divorce
A complicated and often disturbing issue is custodial rights also arises in cases where the couple marry while the woman is pregnant. In the event that the marriage between the couple terminates, the custodial rights of the child is a matter of concern. Once the marriage is dissolved, the rights over the unborn child would be decided in accordance with the court’s ruling, which would depend on the individual’s custodial history.
Under normal circumstances, the custodial rights would lie with the woman and in the event the man wishes to challenge the custodial rights of the woman, then the court will consider all relevant factors, for example, whether or not the man was involved in the upbringing of the child or if there is a history of physical or emotional abuse.
Financial Support for the Child
In cases that the parents decide to part ways towards the completion of their pregnancy and the father opts out of parenthood, then the mother is solely responsible of taking care of the child financially. However, she is entitled to seek monetary compensation for her child’s upkeep from the father or his family.
In Hinduism, the earnings of the husband along with his family’s income must be shared to provide for the child’s needs unless he is deemed unfit to support the child. On the other hand, if the father is determined to be unfit, then the mother can request the court to order him to pay some form of alimony.
Societal Stigma
A particular issue that is often been overlooked is the stigmatization of the woman, who decides to marry a pregnant woman or is pregnant herself before getting married. As per Hinduism, premarital sex is considered as a severe sin, this is the primary reason why pregnant woman are discouraged from getting married, because of the fear of being judged by the rest of the society.
In doing so, however, the woman is deemed to be given the same respect and equal status as any other married woman and is not discriminated against or treated with oversight. Society should encourage the couple to step up and be responsible for the situation they have created. This can only be made possible when society stops ostracising such couples and instead support them to bring up their child with love, care and that child’s best interests in mind.
