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Some Modern Concepts of Marriage in the Smrti Literature

By Sunanda Y Shastri

Vol. 221998-1999pp. 96-107English

Summary

Sunanda Y. Shastri’s study surveys the Sanskrit Smriti literature to identify concepts of marriage that resonate with modern sensibilities. The Smritis are Dharmaśāstra texts that codify social rules and legal norms. While often viewed as conservative, Shastri argues that they contain diverse perspectives on marriage, some of which support autonomy and equality. She begins by outlining the eight classical forms of marriage described in texts such as Manusmriti, Yajnavalkyasmriti and Naradasmriti: brahma, daiva, arsha, prajapatya, asura, gandharva, rakshasa and paisacha. These forms range from arranged alliances involving gift exchange to love marriages based on mutual consent. Shastri emphasises that Gandharva marriage, defined as the union of a man and woman by mutual attraction without parental involvement, anticipates contemporary notions of choice. The article explores other aspects relevant to modern debates. Shastri notes that some Smritis set minimum ages for marriage and condemn unions with significant age disparity, showing concern for the welfare of girls. She analyses passages that disapprove of child marriage and encourage education for women, arguing that such injunctions were later neglected rather than absent from tradition. The author also highlights discussions about inter‑caste and inter‑religious marriages, pointing to examples where Smritis permit unions across social boundaries under specific conditions. Regarding divorce and remarriage, she cites texts that allow separation in cases of abandonment or infertility and sanction widows remarrying, suggesting flexibility in matters of marital dissolution. Shastri cautions that the Smritis were composed by different authors over centuries and reflect varied regional practices. She advocates for contextual reading and critical reinterpretation rather than blanket acceptance or rejection. By retrieving overlooked provisions, the article contends that Hindu law codes can inform progressive reforms and counter claims that modern legal changes are entirely foreign. The study concludes that the Smriti literature, when read holistically, contains values such as mutual consent, respect, and protection of rights that align with contemporary ideals of marriage.

Conclusion

Shastri’s examination of the Smriti literature reveals that ancient Hindu law texts encompass a spectrum of marital practices, including those emphasising mutual choice, age suitability and even provisions for separation and remarriage. By highlighting progressive elements alongside conservative prescriptions, she argues that legal and social reform can draw on indigenous tradition rather than reject it. The article encourages re‑reading of authoritative texts to uncover ethical principles compatible with modern notions of equality and personal autonomy, thereby bridging perceived gaps between tradition and reform.

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