SA-GOTRA MARRIAGE

Marriage is a beautiful and sweet word it includes happiness itself but; Honor killing; word gives it is a terrific meaning also. The Hon our Killing Act is the single most heart-breaking aspects of the society, country. In legal terms, Marriage is a holy SANSKAR and not a contract.The maxim”conjunctic martitet peminae est de nature’ means that to keep husband and wife together is the law of nature and the maxim ‘viret unor consentur in lega una pensona’means that husband and wife are considered one in law.
In the ancient Indian civilization law was being administered and based on Nyay Shastra, authored by Charvak Rishi and known as father of ancient Nyaya Shastra. In present time. Hindu Legal system was administered by Shruti(Veda) and Smriti. In fact, in that era, four type of Marriages are recognized:

1. Gandharv Vivah
2. Varn Vivah.
3. Dev Vivah.
4. Rakshas Vivah.

There are so many Laws and Act framed by modern educated, legend person In modern era, there are some recognized Act of Marriages --Anand Marriage Act’1909 for Sikhs called Anand., The Indian Christian Marriage act’1872.Foreign Marriage Act’1969,The Arya Validation Marriage Act’1937.,The Parsi Marriage Act’1936.,The Muslim Marriage Act’1939.,The Special Marriage Act’1954.

I criticized the method of handling this issue by khap panchayatas but I am not disagree with there opposition. Being a lawyer, I want to discuss on merits, in the light of law. Condition for Hindu marriage are explained in section 5 of Hindu marriage Act 1955, It clearly expresses that the marriage can be solemnized between:
(iv). The parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two.
Custom or usage are defined in section 3 (a) of the said Act.*

Sa-Gotra marriage is totally different issue from Inter-Cast marriage and Inter-Religion marriage. Sa-Gotra marriage is not prohibited by Customs only but in Medical Science also. Doctors attribute the cause of genetic deformity and disability in marriage between blood relatives.
Jurisprudence (Sources of law.) explains about custom-’the custom lie in the foundation of all legal systems. They come in to existence with the existence of the Society. The function of the courts is more of a scrutinizer. They scrutinize as to how far an alleged custom is a rule of conductor, or is observed, and secondally, how for it satisfies the test laid for it. The function of the Court ‘declaratory rather than constitutive.’ Moreover, our Hindu society there is a clear custom about prohibition of Sa-Gotra marriage as Sa-Gotra Girl and Boy recognized as a brother and sister to each other. Ancestor(Muni) gave a certificate of his origination, Sa-Gotra is identified by Muni name, for example Vasistha, Kashyap….Garg etc.The point is this, which is keep in mind that There may be cast is different among Hindu but Gotra will be same as in ancient time there was s a Sect based system.

New generation can argue and appose it, we need to clarify why we suggest to prohibition of such marriages. I am sure, knowing this bare truth they will be aware and try to avoid such affairs. I am not talking about immature mind, who are supporting gay marriages also. It is my firm belief. I look pityingly on whom, who argues in favour of Sa-Gotra Marriage due to unawareness of Hindu mythology as well as medial science knowledge.
Young people like their life as a noodles but one grain that is stuck in their throat, they do not how to tackle. Young generations are part of the problem but can be a part of the solution just like Coin. I firmly believe that Young people can change picture of the Society.

There is need to discourage by every means/ways of Media. There is necessity of Govt.compaign along with “HO RAHA BHARAT NIRMAAN…..”,it might be difficult but really works. Keep in mind that it is a tough job even though it might not be convenient. The easiest way to convince them by Media, there is need of advertisement like Birth control pills and condom advertisement in this concern.

SA_GOTRA marriage is the burning problem. Disadvantage of this marriage should be focused and campaigned by the GOVT, in the interest of common people. Awareness and knowledge of this matter is necessary to improve and secure our forthcoming generation.
The fact proved by Medical science, so there is no room left for discussion in favour of this damaging thought.


Alka Tiwari adv.
Supreme Court.