Sapinda Marriages

Sapinda marriages refer to marriages in which the bride and groom are connected through a common ancestor. Under the Hindu Marriage Act, 1955, common ancestor for sapinda marriages is traced back to five generations on the father's side and three generations on the mother's side. According to Section 5 of the Act, a Hindu marriage is considered void if it violates the rules related to sapinda relationships. Section 5 of the HMA, 1955 also has provision for exception if such marriage is permitted under the customs of the individual, then such marriages would not be declared void. Recently, in Neetu Grover vs Union of India & ors., 2024, High court rejected the plea of petitioner to validate her sapinda marriage on the grounds that the petitioner could not provide any ‘stringent proof’ of the established custom. Sapinda marriages are associated with a higher incidence of genetic disorders. Individuals considering sapinda marriages need to be aware of these genetic implications and to seek genetic counseling to understand the potential risks and make informed decisions.

Sapinda marriage is an ancient Hindu tradition which is governed by Hindu scriptures such as Manusmriti and other Dharmshastra texts. The term sapinda is derived from Sanskrit, where "sa" means together or with, and "pinda" refers to a ball or lump, symbolizing the common ancestor from whom the relatives are descended. According to Hindu scriptures, individuals who are within seven generations of the common ancestor are considered sapindas. The ancient Hindu scriptures also mention the prohibition of sapinda marriages. The Manusmriti and other Dharmashastra texts specify that marriage between sapindas is not allowed due to the close blood relation and the potential for defects in the offsprings. In contemporary India, sapinda marriages continue to be observed in certain Hindu communities, especially in rural areas and among orthodox families.

Sapinda refers to a group of relatives who are connected through a common ancestor. Under the Hindu Marriage Act, 1955, Sapinda relationships are defined as those based on a common ancestor, with the restriction extending to five generations on the father's side and three generations on the mother's side. Recently, in the Neetu Grover vs Union of India & ors. case of 2024, Delhi High Court rejected the plea which challenged the constitutionality of Section 5 of Hindu Marriage Act, 1955 which prohibits the Sapinda marriages.

• Sapinda marriages involve individuals who are believed to be within five generations of the common ancestor on the father's side and three generations on the mother's side.
• Sapinda marriages are considered prohibited under the Hindu tradition. However, the legal status of sapinda marriages can vary depending on personal laws.
• In Islamic law, marriage between close blood relatives, such as siblings, parents and children, and first cousins, is generally prohibited. However, marriages between more distant relatives, such as second or third cousins, are permitted in Islam.
• Christianity does not have specific rules regarding sapinda marriages.
• Buddhism also does not have explicit rules regarding sapinda marriages.
• In Judaism, marriage is governed by Jewish law, which prohibits incestuous relationships, including marriages between close blood relatives.

• The Hindu Marriage Act, 1955, is a legislation enacted by the Indian Parliament to regulate marriages among Hindus. The Act applies to Hindus, as well as to any person who is a Buddhist, Jain, or Sikh by religion.
• The Act lays down certain conditions that must be fulfilled for a Hindu marriage to be considered valid.
• According to Section 5 of the Act, a Hindu marriage is considered void if it violates the rules related to sapinda relationships.
  • The Act prohibits marriage between individuals who are sapindas of each other. Sapinda relationships are defined as those based on a common ancestor, with the restriction extending to five generations on the father's side and three generations on the mother's side.
  • A marriage is declared void if it violates the Section 5 of HMA, 1955 and there is no established custom that allows such a practice.

• Fundamental Right : Right to marry a person of one’s choice is guaranteed under the Article 21 of Indian constitution which is Right to life and personal liberty.
  • In Lata Singh v. State of U.P., 2006 and Shakti Vahini v. Union of India, 2018, Supreme court held that the Right to marry a person of one’s choice is a fundamental right under Article 21.
• Special Marriage Act, 1954 : It applies to marriages between individuals of different religions or those who do not wish to marry under their respective personal laws. It provides for a secular marriage ceremony and allows couples to register their marriage without regard to religion.

• Section 5 of the HMA, 1955 also has provision for exception against the prohibition of Sapinda marriages. It states that if such marriage is permitted under the customs of the individual, then such marriages would not be declared void.
• Section 3(a) of the HMA,1955 defines custom as any rule that, having been continuously and uniformly observed for a long time among Hindus in any local area, is recognized as governing them in matters of marriage.

• South India: In some couumunities of South India, cross cousin marriages are allowed and these are not considered Sapinda relationships as per the local customs and interpretations.
• North India: North Indian communities generally adhere strictly to the prohibition of Sapinda marriages as outlined in the Hindu Marriage Act. Marriage within clan (gotra) is also avoided.
• Tribal communities: Some tribal communities have their own marriage customs and practices, which may not align with the Hindu Marriage Act

• In 2007, the marriage of petitioner was declared invalid after it was proved by her husband that it was a sapinda marriage. The petitioner then challenged the validity of prohibition of sapinda marriages in the High Court stating that the such marriages are prevalent in India even when there is no customary proof of this. It was dismissed.
• The petitioner, Neetu Grover then challenged the constitutional validity of Section 5(v) of the Hindu Marriage Act, 1955 (HMA), arguing that it violates the Article 14 that is Right to equality.
• The Delhi High court rejected these arguments, stating that the court found no merit in the arguments of petitioner and the petitioner could not provide any ‘stringent proof’ of the established custom. The court emphasised that providing customary proof in favour of the validity of sapinda marriage is necessary to justify such marriage.

• USA : In the United states, Sapinda marriages are banned except in Rhode Island and New Jersey.
• France : In France such marriages are allowed and the crime of incest was abolished under Penal code of 1810.
• Belgium : Such marriages are allowed in Belgium also on the same lines of French penal code.
• Italy : In Italy, incest marriage is criminalised if it causes a ‘public scandal’.
• Portuguese : The incest marriages are not criminalised in Portguese.
• Ireland : Ireland has recognised the same sex marriage in 2015 but has not updated the laws on incest.

• When individuals who are closely related marry and have children, there is an increased risk of inheriting harmful recessive genes from both parents.
• Consanguineous unions, such as sapinda marriages, are associated with a higher incidence of autosomal recessive disorders, where both parents carry a copy of the same faulty gene, increasing the chances of it being passed on to their offspring. For example, Sickle cell anaemia, thalassemia, and certain types of hearing loss etc.
• The risk of genetic disorders in offspring of sapinda marriages varies depending on factors such as the degree of relatedness between the parents, the prevalence of specific genetic disorders within the population.
• Individuals considering sapinda marriages need to be aware of these genetic implications and to seek genetic counseling to understand the potential risks and make informed decisions.

Sapinda marriages highlight the intersection of tradition, culture, and modern medical knowledge in the context of marriage and family life in India. While sapinda marriages continue to be prevalent in some societies, legal provisions and awareness campaigns highlight the importance of informed decision-making and genetic counseling to mitigate potential risks.