Article:
Amidst the prevalent practices and customs in Indian society, one type of forced marriage called ‘pakadwa vivah’ stands out due to its unique nature and sinister undertones. The Patna High Court recently ruled on a case that has been ongoing for the past decade, rendering a so-called ‘pakadwa vivah’ null and void. The reason for this decision is that an essential Hindu marriage ritual known as ‘saptapadi’ was not observed.
The Legal Loophole: Absence of Saptapadi
In the recent judgment by the Patna High Court, the marriage in question was declared invalid since the ‘Saptapadi’ ritual was not performed. This ritual, outlined in the Hindu Marriage Act of 1955, requires the bride and groom to take seven vows around a sacred fire. The court decided that without the fulfilment of this primary ritual, the marriage could not be considered legitimate under Hindu laws. Hardened by time, tradition, and religious doctrines, these rituals play a critical role in the recognition and validation of marriages in the Indian legal system.
The Sinister Practice of Pakadwa Vivah
‘Pakadwa vivah’, translating to ‘forced marriages’, is a problematic practice notably widespread in Bihar. It often involves the abduction of young men who are then forced into matrimony against their will. The menace of ‘Pakadwa Vivah’ has been a pressing issue with deep-seated roots in Bihar’s societal framework, often leaving the victims and their families living in constant fear and danger.
Threats and Intimidation: A Common Factor
These forced marriages are typically carried out under threats of harm or even death to the individual or their family members. It is a form of intimidation, coercion, and exploitation, making it a severe violation of basic human rights. The fear factor plays a substantial role in ensuring the victims’ compliance, turning what should be a celebratory event into an ordeal marked by dread and anxiety.
Legal Perspective: Hindu Marriage Act
Implemented in 1955, the Hindu Marriage Act has set specific guidelines for conducting Hindu marriages. With detailed regulations on rituals like ‘Saptapadi’, it provides a framework to challenge illegal practices like forced marriages. The recent judgement echoes the principles laid down in this Act, reiterating that the absence of ‘Saptapadi’ can invalidate a marriage.
The High Court’s Judgement: A New Precedent
The Patna High Court’s decision nullifying the forced marriage sets a new precedent in tackling the issue of ‘pakadwa vivah’. By focusing on this legal loophole, it exposes the illegitimate nature of these marriages performed without the completion of the essential Hindu rituals. It sends out a strong message against these marriages, aiming to deter such practices in the future.
Deciphering the Impact: Unravelling the Future
This ruling could initiate a chain reaction, empowering more victims of ‘pakadwa vivah’ to come forward and challenge the legitimacy of their forced marriages. Furthermore, it could also pave the way for stricter legislation against such practices, offering hope for a future where marriage remains a choice, not a mandate under duress.
While the Patna High Court’s ruling marks a significant step towards addressing this grim practice, the eradication of ‘pakadwa vivah’ will require a comprehensive solution. This would involve stringent legal measures, widespread awareness campaigns, and a societal shift towards respecting individual freedom and rights.
