Indian Legal System > Civil Laws > Family Laws > The Hindu Marriage Act, 1955 > Forms of Marriage
The Hindu marriage is based upon the extinction of the dominion of the father over his daughter and the creation of the relationship of husband and wife by a religious function. The religious ceremony is essential for all forms of marriage. The mode of extinction of the dominion of the father differs in the various forms of marriage. Prior to the enactment of the Hindu Marriage Act, there were eight forms of marriage, four approved and four unapproved. Thus there were eight forms of marriages of which, four Brahma, Daiva, Arsha, and Prajapatya are approved and remaining four Asura, Gandharva, Rakshasa, and Paisacha are unapproved.
Approved Forms of Marriage:
Brahma form:
The gift of a daughter (kanya danam), after decking her with ornaments and honouring her with jewels to a man learned in the Vedas and of good character, whom the father of the girl himself invites, is called the “Brahma marriage”. In this form of marriage, the bride figured as an object of ‘dana’ or gift by her father or guardian to the bridegroom. In this form, the father invites and receives respectfully the bridegroom and makes a gift of his daughter, thereby putting an end to his dominion over daughter. The important feature of this form is that the parents of the bride do not receive any consideration for giving the girl in marriage. It was believed then that the son born of a Brahma marriage redeems from sin, ten ancestors, ten descendants and himself.
Brahma form of marriage is said to be the best and mostly practiced throughout India. It is considered an advanced stage of social progress. In the Brahma form of marriage social decency was fully maintained and the religious rites were fully observed. In a Brahma form of marriage, when the woman died, her property devolved upon the legal heirs of the husband, in the absence of the husband and children.
Daiva form:
The Daiva form of marriage was slightly different from the Brahma form of marriage in the sense that the suitor was an official priest. Qualities like good character learned in the Vedas or good family background was not part of selection criteria. This form of marriage is exclusively for the Brahmins because the Brahmins can only officiate in the sacrifices, as priests. In this form of marriage, the damsel is given to a person who operates as a priest in a sacrifice performed by the father, in lieu of the fee due to the priest. It is inferior to the Brahma because the father derives a benefit, which is not deemed reprehensible. It was believed then that the son born of such a marriage is said to redeem from sin seven parental ascendants and seven male descendants and himself.
Arsha form:
In Arsha form of marriage, the bridegroom makes a present of a cow and a bull or two cows and two bulls to the bride’s father which is accepted for the religious purpose only. Arsha form of marriage symbolizes the pastoral stage of the Hindu society where cattle were considered indispensable. In this form of marriage, the present of a cow and a bull or two cows and two bulls constitute the price of the bride. The number of persons redeemed by the male offspring of such marriage is only six (three male descendants and three female ascendants)
Prajapatya form:
The very name Prajapatya indicates that the pair enters the solemn bond for repayment of debts or rinas (obligations) to Prajapati for procreation and upbringing of children. This form of marriage does not materially differ from the Brahma, but in this, the gift is made with condition that “May both of you perform together, your civil and religious duties”. This form of marriage is an orthodox form where the parental approval figures and the economic complications of betrothal are bypassed.
Unapproved forms:
Asura form:
In the Asura form of marriage, the bride was given to the husband in payment of a consideration called ‘kanya sulkam” or bride-price. This form of marriage was prevalent in ancient India when the bride was construed to be an article of merchandise. This form of marriage is based on an agreement between two families as a commercial transaction. Thus in this form of marriage, the dominion of the father over the daughter ceases by his sale of the girl to the bridegroom. The acceptance of some consideration by the father for giving his daughter in marriage is the factor that stamps this marriage as one in the unapproved form.
In ‘Asura’ form of marriage, on the death of the wife, in the absence of her husband & Children, her property devolved upon her parental side.
Gandharva form:
The Gandharva marriage was the union of a man and a woman by mutual consent (love marriage). In this form, the bride with own consent gives herself away to the bridegroom. A minor girl is incompetent to contract this ‘Gandharva’ form of marriage as she is incapable of giving her consent. This form of marriage indicates that the parties must be adults so that they will be capable of sexual enjoyment. This form of marriage was practiced by the tribe called ‘Gandharva’ living on the slopes of the Himalayas.
Rakshasa form:
This form of marriage may be described as marriage by capture, resembling the right of a victor to the person of the captive in war. This form of marriage was allowed only to the kshatriyas or military classes. Thus the forcible abduction of the bride from her paternal home is the essence of the Rakshasa form. This form of marriage is still practiced among certain classes of Gond tribals of Berar and Betul. In modern Indian society, this form of marriage has been banned, and its practice is a punishable offence under Section 366 of IPC.
Paisacha form:
It is the worst form of marriage among the Hindus. When the lover secretly embraces the damsel, either sleeping of flushed with strong liqueur, or disordered in her intellect, that sinful marriage, called paishacha is the eighth and the lowest form. This form of marriage is a punishable offence under the I.P.C. as rape as the principle of law holds that a culprit should not be allowed to be benefited for any wrong-doings caused by him.
In both Rakshasa and Paisacha, there is a subsequent marriage with sacred texts and it is the original mode of securing the maiden that stamps these marriages as ‘unapproved’. The difference between the ‘Paishacha’ and the ‘Rakshasa’ forms of marriage lies in the fact that whereas in Rakshasa form there is the scope of display of bravery and force at the same time, in the Paishacha form the maiden is taken by deception and fraud. The dominion of the father is completely undermined in the ‘Gandharva’, ‘Paishacha’ and ‘Rakshasa’ forms of marriage.
The Hindu Marriage Act, 1955 has not prescribed any particular form of marriage. It simply lays down the conditions for a valid marriage. The Act calls marriages solemnized under the Act as Hindu marriages which may be performed in accordance with the customary ceremonies prevalent in the community to which, the bride belongs. In the present Indian scenario, considering the socio-legal point of view, three forms of Hindu marriage appear to be existent. These are the Brahma, Asura and Gandharva forms of marriage. The higher caste Hindus solemnize the Brahma form of marriage in the most cultured form. The Asura form of marriage is commonly practised among the lower castes and the Gandharva marriage is gaining momentum among the modern youths in the form of love marriage.
Previous Topic: Concept of Marriage in Hinduism
Conditions For Marriage in Old Hindu Texts