Intercaste Marriage And The Legal Approach In India: Critical Study With Respect To Human Rights Issues
- IJLLR Journal
- Jul 14
- 1 min read
Vishnu Priya, Hidayatullah National Law University
ABSTRACT
The question of intercaste marriage is highly contentious in India, the roots of which lie deep in the caste system and cultural practices that are centuries old. The paper will seek to lay bare the legal frameworks on intercaste marriages and their implications to human rights. Legislation in the form of the Special Marriage Act of 1954 and the Hindu Marriage Act of 1955 was passed to strengthen intercaste marriages; however, even today, intercaste couples are at times being subjected to the negative stigma, biases, and violence of society. The paper talks on the legal issues that exist with intercaste couples regarding the ignorance of their rights and improper implementation of the protective laws. The relevant case law on the issue is also discussed, taking this opportunity to bring out the complexities and barriers confronted by intercaste couples in their quest for love and acceptance. From the human rights perspective, it is thus a basis for a very urgent argument on a society that fosters acceptance of individual choices rather than basing the choices on caste. Effective legal protection should be implemented along with awareness campaigns against such discrimination. Finally, this paper would greatly contribute towards the much needed and ongoing debate about intercaste marriages as it supports the changed social norms for further accommodating different unions in India.
