Sapinda Marriage

Introduction 

Marriage under Hindu law is governed by various restrictions and conditions designed to preserve familial and social harmony. Among these restrictions, the prohibition against sapinda marriages represents one of the most significant legal barriers. This article explores the concept of sapinda marriages, their legal framework under the Hindu Marriage Act, 1955 (HMA) the exceptions that permit such unions, and the international perspective on similar relationships.

Sapinda Marriage 

Defining the Concept: 

• A sapinda marriage is one between individuals who are related to each other within a certain degree of closeness. 
• Sapinda marriages are defined under Section 3 of the HMA, as two persons are said to be "sapindas" of each other if one is a lineal ascendant of the other in the limits of sapinda relationship, or if they have a common lineal ascendant who is within the limits of sapinda relationship with reference to each of them.

Understanding Lineal Ascendant: 

• Under the provisions of the HMA, on the mother's side, a Hindu individual cannot marry anyone who is within three generations of them in the "line of ascent". 
• On the father's side, this prohibition applies to anyone within five generations of the individual. 
• In practice, this means that on their mother's side, an individual cannot marry their sibling (first generation), their parents (second generation), their grandparents (third generation), or an individual who shares this ancestry within three generations. 
• On their father's side, this prohibition would extend up to their grandparents' grandparents, and anyone who shares this ancestry within five generations.

Legal Consequences under Section 5(v) of HMA 1955 

• If a marriage is found to violate Section 5(v) for being a sapinda marriage, and there is no established custom that allows such a practice, it will be declared void. 
• This would mean that the marriage was invalid from the very beginning, and will be treated as though it never took place. 
• A void marriage has no legal recognition and produces no legal rights or obligations between the parties.

Exceptions to the Prohibitions Against Sapinda Marriages 

• The exception is mentioned in Section 5(v) of the Hindu Marriage Act, 1955 and it states that if the customs of the individuals involved permit sapinda marriages, then such marriages would not be declared void. 
• In other words, if there is an established custom within the community, tribe, group, or family that allows sapinda marriages, and if this custom is continuously and uniformly observed for a long time, it can be considered a valid exception to the prohibition. 
• The definition of "custom" is provided in Section 3(a) of the HMA, stating that a custom must be continuously and uniformly observed for a long time and should have gained enough legitimacy among Hindus in a local area, tribe, group, or family, such that it has obtained "the force of law." 

Conditions for Valid Custom: 

• Certain conditions must be met for a custom to be considered valid. 
• The rule in question must be "certain and not unreasonable or opposed to public policy." 
• In the case of a rule applicable only to a family, it should not have been "discontinued by the family." 
• If these conditions are satisfied, and there is a valid custom permitting sapinda marriages, the marriage would not be declared void under Section 5(v) of the HMA.

International Perspective on Marriages Between Close Relatives 

France and Belgium: 

• In France and Belgium, the crime of incest was abolished under the Penal Code of 1810, allowing marriages between consenting adults. 
• Incest is the crime of sexual relations or marriage taking place between a male and female who are closely linked by blood. 
• Belgium maintained this legal stance even after introducing a new Penal Code in 1867. 

Portugal: 

• Portuguese law does not criminalise incest, implying that marriages between close relatives may not be prohibited. 

Republic of Ireland: 

• While the Republic of Ireland recognised same-sex marriages in 2015, the law on incest has not been updated to explicitly include individuals in same-sex relationships. 

Italy: 

• In Italy, incest is considered a crime only if it causes a "public scandal," suggesting that the legal framework takes into account certain circumstances. 

United States: 

• In the United States, incestuous marriages are generally banned in all 50 states. 
• However, there are variations in laws related to incestuous relationships between consenting adults. 
• For example, New Jersey and Rhode Island allow such relationships under certain conditions.

Conclusion 

The concept of sapinda marriages, as regulated by the HMA, reflects an effort to preserve familial and social harmony by prohibiting unions within certain lineal ascendants. The law includes provisions that declare marriages void if they violate these restrictions unless there is a well-established custom permitting such marriages. While the constitutional right to marry a person of one's choice is protected under Article 21, it operates within the statutory framework that imposes reasonable restrictions for social welfare. Internationally, various countries have different legal stances on incestuous relationships and marriages, showcasing the diversity of legal approaches to issues of personal choice and family relationships.