Is Kanyadaan Necessary? New Marriage Law Says 'No'

The Allahabad High Court recently passed a judgment stating that the ritual of 'Kanyadaan' is not mandatory for solemnising Hindu marriages. Observing that the only need under the Hindu Marriage Act is to perform 'saptapadi*'* by taking seven steps around a sacred fire, the court affirmed that omitting other rituals would not invalidate nuptials.

For long, Kanyadaan has been touted as a core ritual where the father 'gifts' away his daughter as a 'dhan' (gift) to the groom. Terming this regressive and unconstitutional, the court has now ruled that marrying couples can formalise their union without adhering to this patriarchal tradition.

Read the article to understand the meaning of the term ‘Kanyadaan’ and real-life legal cases related to it.

Case Study

A Hindu couple had appealed to the HC, alleging harassment by the woman's family for not performing 'Kanyadaan' during their wedding held five years ago. They sought protection from harassment. But the judge dismissed their plea because the exclusion of 'kanyadaan' itself invalidates the marriage under Hindu norms.

The couple then contested the judgment, making the HC review the matter again. This time, the HC asserted that kanyadaan is not prescribed under Section 7 of the Hindu Marriage Act.

The HC bench then clarified that, as per Hindu traditions, the only ritual establishing a wedding is 'saptapadi.’ Which is the couple taking seven steps together to signify the beginning of their wedlock journey. The court reiterated that the law only recognises this custom.

Read more: LIC Kanyadan Policy: Secure The Future Of Your Daughter!

What Does This Judgement Reflect?

Passing this new judgment allows for a positive impact and flexibility in a marriage.

1. Boost Gender Equality: Enabling couples to refuse kanyadaan if regressive can promote egalitarian values in marriages.

   2. Assert Women’s Autonomy: Women can better articulate their self-choice around rituals aligning with their belief systems.

2. Judicial Recognition of Reform: Ruling aligns the court's position with India's growing feminist consciousness, which resists practices commodifying women.

3. Spark Wider Social Reforms: Judgement can speed up reforms against other prevalent Hindu customs that are discriminatory and draconian towards women.

The judgement further explained that ‘kanyadaan’ is a ritual symbolising the "giving away" of the bride by her family. The omission of this practice, which is rooted more in social customs than religious texts, cannot be grounds for annulling an otherwise valid Hindu marriage.