Marriage and Strategic Confrontation: A Critical Analysis of Indian Society

Abstract

United Nations Entity for Gender Equality and the Empowerment of Women in General Recommendation no. 21 (the 13th session, 1994) on the declaration of equality between women and men for human rights has discouraged polygamous marriage practices ( https://www.un.org/womenwatch/daw/cedaw/recommendations/recomm.htm#top ). Further, the United Nations Human Rights Committee’s assertion in 2000 on the General Assembly of the UN contends about the direct connection of marriage with human dignity and acknowledges only state-approved monogamous marriage can tantamount to social development, by fostering equality, justice and cosmic harmony. On the contrary, polygamous marriage treats humans unequally and subordinates women, following such type of marriages breach the International Covenant on Civil and Political Rights, recommending the blanket ban of the practice of polygamy. It is significant that treating woman as less than man not only subjugates them but hinders the development of the whole society. To secure social harmony, the state can legislate a rule for all its citizens irrespective of their religion. Notwithstanding, independent Indian Constitutional Laws facilitate monogamy practice on the one hand, and on the other hand allow polygamy as an atypical form of marriage in another personal law. Therefore, in this article, first, I examine the notion of marriage in Indian tradition and then compare Indian marriage standards with the Western approach of monogamy, as a society’s right, as a right to moral independence and as an ethical analogue. Following that, I argue whether contemporary Indian society’s legislation on marriage fits into Western standards or triggers a strategic confrontation.