Inter-caste marriage, according to Dr. Ambedkar, is “the real remedy for breaking the caste system,” and “fusion of blood” will foster a sense of kinship. The Shastras’ sanctity demands to be diluted to stop occasionally promoting “inter-caste regale and inter-caste marriages, which were futile ways of achieving their ends.”
Sadly, inter-caste marriages are still relatively rare in India, and news about such marriages and the violence associated with them frequently appear. The intricate Indian culture has been tormented by the caste system, which runs in an incredibly cruel way.
Various categorizations in India have colourful estate-based categorizations. Hindus have a strong caste structure in place, and holy texts like the Bhagwad Geeta do refer to it. However, we fail to recognise that the holy books refer to a similar group based on the occupation a person engages in, not based on family origin.
The most egregious example of a society with higher and lower castes is the Hindu culture. Inter-estate marriage between any two higher castes is still not as concerning. When there are rumours of an inter-caste marriage between an upper estate boy and a lower estate girl, or the other way around, it becomes frowned upon.
For example, A Brahmin girl marrying a Punjabi boy is an inter-caste marriage between the so-called upper class. Inter-caste marriage issues are illustrated by a Baniya girl getting married to a Dalit boy because the so-called lower class is engaged with the upper class.
Inter-caste Marriage – Is It Legal n India?
Inter-caste marriages have gradually become more accepted in India because of proper education, work, middle-class financial background, and urbanisation. 5.8% percent of weddings in India, as of the 2011 Census, were inter-caste marriages.
Current Statistics
- The Socio-Economic and Caste Census data are not released by the central government on the premise of caste. Therefore, there is no exact information accessible about inter-caste marriages in India.
- Data from the National Family Health Survey (NHFS-III) show that 11% of Indian marriages are between different castes.
- Accordingly, approximately 95% of all married couples marry within their own caste in states like Jammu & Kashmir, Chhattisgarh, Rajasthan, Madhya Pradesh, Tamil Nadu, and Meghalaya.
- Additionally, other regions with their own caste marriage rates include Punjab, Sikkim, Goa, and Kerala (80%).
Under Narendra Modi’s governance, India actively promoted and backed inter-caste marriages by offering financial incentives to those who do so. According to the best Delhi lawyer, despite the government setting the legal minimum age for marriage, the right to marry after a certain age is regarded as a social standard.
One of the many interesting rights of humans is the right to choose a companion of one’s own choice as an adult. Marriage laws that apply to Hindus have application because the caste system is primarily an idea that emerged from Hindus. The courts have repeatedly ruled that the consent of family members or friends is not required when two adults desire to get married.
According to the Supreme Court of India, inter-caste marriages are in the public interest and serve as a unifying force for the country, and they have never been prohibited in sovereign India.
According to Section 29 of the Hindu Marriage Act of 1955, “A marriage between Hindus before the legislating of this Act, which is otherwise valid, shall not be presumed merely because the individuals thereto belonged to the same pravara or gotra or were from distinct castes, to be invalid now or ever, religions, or subdivisions of the same caste.” As a result, the HMA Act of 1955 makes it apparent that inter-caste marriage is legal and generally valid.
In the Shakti Vahini v. Union of India and Others decision from 2018, the Supreme Court made it clear that “Any undertake by any assembly or Khap Panchayats to scuttle or inhibit two grown-ups from marrying is completely illegal.” Through this decision, the apex court as well mandated that the federal and state governments name particular tribunals to handle cases of inter-caste marriages and honour killings quickly. Trials involving comparable issues are handled daily by the best Delhi lawyerto finish the case in six months.
The Delhi High Court emphasised in August 2022 increasing public awareness of the existence of specific cells in each district to receive complaints pertaining to the importance of inter-caste marriages. The Supreme Court issued an order that the prisons be built.
- The right to life and liberty, specifically, includes the freedom to marry the individual of (one’s) choice. The state must implement such a privilege.
- Hindu, Muslim, Christian, Sikh, Jains, and Buddhist marriages are covered by The Special Marriage Act (SMA), 1954, and no religious rites are required. Both Indian and Indian nationals who reside overseas are covered by the act.
Special Marriage Act (SMA), 1954
The Special Marriage Act (SMA), enacted in 1954, is an Indian statute that establishes a legal structure for inter-caste marriages. It controls a civil marriage where the state, rather than a religious institution, approves the marriage. The laws of the UK Marriage Act of 1949 are similar to those of the Indian system, where both civil and religious marriages are acknowledged.
Under the SMA, boys must be 21 years old and girls must be 18 years old before they can get married.
Inter-Caste Marriage Through Court Registration
Since many families do not assist or follow couples performing inter-caste marriages. According to the best Delhi lawyer, the couples now have two choices – The first is to get married according to Hindu customs and obtain their inter-caste marriage document from the Registrar of Marriage.
The Special Marriage Act of 1954 is the other route to marriage. The Act permits marriages between individuals regardless of their religion. The prerequisites for a legal marriage under SPA 1954 are the same as those under the preceding discussion of the Hindu Marriage Act.
Protocol to Follow for Court Marriage
- The Marriage Registrar must be notified 30 days in advance by the parties planning to marry under the Act. The official will post the notice in both the marriage register and his or her office.
- They must visit the Marriage Registrar for inter-caste marriage enrolment with the required documentation and correctly sign the inter-caste marriage form.
- This will be done only after the 30-day waiting period has passed and there has been no opposition to the parties’ notice to marry.
- They can also ask the authorities for help, who have a responsibility to safeguard couples involved in inter-community or inter-caste marriages. Couples should apply through family attorneys for an accessible procedure for inter-caste marriage documents and other formalities.
A solution to Non-Chaotic Inter-Caste Marriage – Dr. Ambedkar Scheme
Inter-caste marriages can be one of the key steps in eradicating “untouchability,” reducing caste prejudice, and promoting ideals like liberty, equality, and fraternity throughout society.
In 2017, Prime Minister Narendra Modi launched a programme under which inter-caste spouses will receive 2.5 lakh rupees if one of the partners is a Dalit.
The goal of the programme is to recognise the newlyweds’ socially daring decision to have an inter-caste marriage and to provide them with financial support so they can begin their married lives together by settling down.
It is made clear that it shouldn’t be presented as an additional programme to one that creates jobs or alleviates hardship.
Eligibility
- For this Scheme, inter-caste marriage is one in which one spouse is of a non-scheduled caste and the other is of a scheduled community.
- The union must be legally recognised and properly recorded following the Hindu Marriage Act of 1955. The couple should submit an affidavit stating that they are lawfully married and in a matrimonial alliance.
- There is no incentive from this scheme for a second or later marriage.
- If the proposal is made within a year of getting married, it will be considered legitimate.
- The decision to approve the reward for the Couple will be up to the Minister of Social Justice and Empowerment and Chairman of the Dr. Ambedkar Foundation.
- False or fake information submitted to the appropriate authority will be punished in accordance with the law by the best Delhi Lawyer.
Previously, the programme was limited to couples with annual incomes of up to Rs 5 lakh. Still, the Ministry of Social Justice decided to open the programme to everyone with no income limit in an effort to strongly promote inter-caste marriages involving Dalits. According to this, all couples who have either a Dalit bride or husband can now benefit from the Rs 2.5 lakh one-time incentive.
Rajasthan
Dr. B.R Ambedkar Inter-caste Marriage Scheme was one of the first to reward couples for bridging social barriers, which was first introduced by the Rajasthan government in 2006. The initial amount was set at Rs. 50000 which increased to Rs. 5 lakhs.
Rajasthan, however, recently imposed restrictions to stop a rise in the number of fictitious marriages and divorces under the inter-caste marriage plan. According to a government announcement Inter-caste marriage would only be permitted for up to 35 years, and the couple would only be eligible for half of the scheme money.
The remaining amount would be held as a fixed deposit in a shared account at a nationalised bank to ensure that the marriage was still going strong.
According to the pre-conditions of the programme it must be their first Hindu marriage, registered under the Marriages Act, and the proposal must be filed within a year of the wedding.
The Aadhaar cards of the spouses as well as information about their joint Aadhaar-linked bank accounts must also be submitted.
Jammu and Kashmir
Even, the government of Jammu and Kashmir has announced a programme to provide Rs. 2.5 lakh to inter-caste marriages featuring a Dalit. The plan was revealed After receiving approval from the Administrative Council. The Protection of Civil Rights Act of 1995 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act of 1989 have both been violated by the plan.
One of the spouses in the inter-marriage estate must be a member of a Schedule caste community, as listed in the Scheduled Caste List (out of 13 Castes) stated in the Constitution (Scheduled Castes) Order, 1950 for J&K, and the other spouse must be a Hindu who is not a member of a Schedule caste community.
The marriage must be legally legitimate and properly recorded under the Hindu Marriage Act of 1955 and the beneficiaries must provide an enrolment certificate to this effect issued by the relevant authority. The case for support must be filed formally and rigorously within six months of the marriage date, which can be found on the marriage enrolment document produced at the time of application submission.
The eligible couple will receive the entire amount of incentive in one investment through Direct Benefit Transfer (DBT) method to their joint account in any government/nationalized bank in the form of a fixed deposit (FD) with a three-year lock-in period.
Bottom Line
The Scheme was initially introduced as a pilot programme for two years, from 2013-2014 to 2014-2015. Then, starting in April 2015, the Scheme was maintained as a normal scheme. The planned Umbrella Scheme for Development of Scheduled Castes is expected to include empowerment, which is already in place, as one of its sub-components.
The modern generation is in favour of inter-caste marriages. The rising generation is also supporting gender equality. Irrespective of gender identity they believe in neutral behaviour towards everyone.
However, the majority of inter-caste marriage cases that are still struggling with the opposing of families and societies are from villages and rural areas. The main reason for this biasness and discrimination is lack of education ad excessive poverty.
That doesn’t mean urban areas are supporting inter-caste marriages. There are thousands of pending cases in the Delhi High court fought by the best Delhi lawyer. If you too dream of a country with no casteism, and inequality, support the upcoming generations and make your family of inter-caste marriages. The government of India is always there to support people who are in favour of diminishing this rule.