Revitalizing The Hindu Marriage Act, 1955: The Urgent Need For Reform And Modernization
- IJLLR Journal
- Nov 30, 2025
- 2 min read
Dr. Prashant Kumar Varun, Assistant Professor, Khwaja Moinuddin Chishti Language University Lucknow, Uttar Pradesh
ABSTRACT
The institution of marriage has undergone significant transformations in the 21st century, with changing societal norms and values placing a greater emphasis on individual autonomy and freedom of choice. The Indian judiciary ascertaining that the freedom to marry a person of one’s choice is protected and once the fundamental right is inherent in a person, then no one can scuttle such right by leaning on any kind of philosophy, moral or social, or self-proclaimed elevation. Marriage is the subject matter of personal law. Marriage is sacrament and holds great significance in culture and traditions. As per the ancient Hindu law Hindu marriage is a union between two individuals, typically a man and a woman, and is regarded as a lifelong commitment. Before the Modern Hindu law, it was governed by the ancient sources of law and schools of Hindu law. After the independence the first legislation for governing the marital relationships among the Hindus the Indian parliament enacted the Hindu Marriage Act, 1955 which applies to all Hindus, including Buddhists, Jains, and Sikhs. The act provides provisions related to conditions for valid marriage, grounds for divorce, maintenance, custody of child and other matrimonial remedies. Over the years, the act has undergone several amendments, but there is a growing consensus that it needs to be reformed and modernized some provisions of the Act to reflect the changing needs of society because the Hindu Marriage Act, as legislation in India, is subject to the principles of constitutional morality. The Indian Constitution, adopted in 1950, guarantees certain fundamental rights and principles that promote equality, liberty, and justice. These principles influence the interpretation and implementation of laws, including the Hindu Marriage Act, 1955. It's important to note that the interpretation of constitutional morality and its application to specific laws, including the Hindu Marriage Act, can evolve over time through judicial pronouncements, legislative amendments, and societal changes.
Keywords: Hindu Marriage, Gender Equality, Same Sex Marriage, Child Marriage and Registration of Hindu Marriage.
