Arya Samaj Marriages

Source: The Indian Express 

Introduction 

The Allahabad High Court has recently raised serious concerns about the functioning of Arya Samaj marriages in India, particularly regarding fake societies that conduct weddings without proper verification. These rulings highlight issues with marriage ceremonies that bypass mandatory legal procedures, especially in states with strict anti-conversion laws. The court's observations have brought renewed scrutiny to a marriage system that has been operating for nearly nine decades under the Arya Marriage Validation Act of 1937. 

What Background of the Shruti Agnihotri v. Anand Kumar Srivastava 2024 Cases? 

• The recent court interventions stem from two significant cases that exposed problematic practices in Arya Samaj marriages.  
• In the first case, a Muslim man was accused of kidnapping and forcibly marrying a minor Hindu girl, claiming the marriage was solemnized at an Arya Samaj temple. 
  • The court found that such marriages often bypass mandatory procedures under Uttar Pradesh's anti-conversion law and marriage registration rules. 
• In the second case, an 18-year-old woman challenged a marriage that was allegedly performed without her consent.  
• The woman claimed she was taken to an Arya Samaj temple and forced to sign papers after consuming special 'prasad' that affected her consciousness.  
  • Her religious guru had claimed they were married and even got the marriage registered, leading to criminal charges and a legal battle over the validity of the union. 

What were the Court Observations? 

• The Allahabad High Court made several critical observations that challenge the current functioning of Arya Samaj marriages. Justice Prashant Kumar directed the Uttar Pradesh government to investigate how "fake Arya Samaj Societies" have flourished throughout the state, conducting marriages without verifying the age of bride and groom or following anti-conversion laws. 
• The court observed that a marriage certificate issued by Arya Samaj Mandir does not by itself prove that a valid marriage took place. 
• The judges stated that anyone claiming a marriage occurred must provide evidence that essential Hindu rituals, particularly 'Saptapadi' (seven steps around sacred fire), were performed.  
• As Justice Rajan Roy noted, "the Certificate issued by the Arya Samaj Mandir does not by itself prove marriage between the parties unless Saptapadi is proved to have been performed." 
• The court that many Arya Samaj organizations complete conversion rituals too quickly and without proper verification, making these weddings popular among eloping couples but potentially invalid under current laws. 

What are Arya Samaj Marriages? 

About 

• Arya Samaj marriages have their roots in the Hindu reform movement started by Swami Dayanand Saraswati in 1875.  
• The Arya Samaj was established as a progressive organization that promoted interfaith and inter-caste marriages at a time when such unions were largely forbidden in traditional Hindu society. 

Key Features: 

• Only require the bride and groom to be of marriageable age and declare themselves as Arya Samaj. 
• Allow people from different castes and religions to marry while retaining their Hindu identity 
• Include a conversion ritual called 'shuddhi' (purification) for non-Hindu partners 
• Follow Hindu wedding rituals but with more flexibility than traditional ceremonies 
• Can be completed quickly, often within a few hours 

Arya Samaj Elopements: 

• Arya Samaj weddings became the go-to option for couples from different backgrounds because they offered legal recognition without the social barriers of traditional Hindu marriages. Unlike the Special Marriage Act of 1954, which requires a 30-day public notice period, Arya Samaj marriages can be conducted immediately after conversion, making them attractive to eloping couples who want to avoid family interference. 

What are the Legal Provisions Related to Arya Samaj Weddings in India? 

• Primary Legal Foundation: The Arya Marriage Validation Act of 1937 provides the main legal basis for these marriages. This law states that marriages between two Arya Samajis are valid regardless of their previous caste or religion, as long as they declare themselves to be Arya Samajis at the time of marriage. 
• Recognition Under Hindu Marriage Act: The Hindu Marriage Act of 1955 recognizes Arya Samaj marriages as valid Hindu marriages. However, the act requires that all essential ceremonies, particularly Saptapadi, must be performed according to Section 7 of the act for the marriage to be legally valid. 

What are the Current Legal Challenges in Arya Samaj Marriages? 

• A petition questioning whether Arya Samaj marriages must comply with Special Marriage Act requirements has been pending before the Supreme Court since 2022 
• Multiple High Courts have ordered police investigations into Arya Samaj organizations for allegedly conducting marriages of minors and facilitating illegal conversions 
• The Supreme Court has orally observed that Arya Samaj has "no business" issuing marriage certificates 
• Courts have expressed concern about mass-scale marriages conducted without proper verification of age or conversion procedures 

What is the Registration Required in Arya Samaj Marriage? 

• Include proper performance of Hindu rituals as per Section 7 of Hindu Marriage Act 
• Be registered under state marriage registration rules 
• Have verifiable witnesses to the ceremony 
• Comply with anti-conversion laws where applicable 
• Ensure both parties are of legal marriageable age 

Conclusion 

The recent court rulings represent a significant challenge to the traditional functioning of Arya Samaj marriages in India. While these marriages have historically provided an important path for interfaith and inter-caste couples, the courts are now demanding stricter compliance with legal procedures and proper verification of essential ceremonies. The conflict between the 1937 Arya Marriage Validation Act and modern anti-conversion laws has created a complex legal landscape that requires urgent resolution. Until these issues are clarified, couples considering Arya Samaj marriages must ensure full compliance with both Hindu marriage rituals and state-specific conversion laws to avoid future legal complications.