Self - Respect Marriage – Suyamariyathai

Self - Respect Marriage – Suyamariyathai 

Author: Kumar Gaurav Vimal, a student of Law Centre 1, Faculty of Law,  University of Delhi 

Introduction 

In general words, self-respect marriage affirms oneself the right to choose one’s life partner. It is also known as Suyamariyathai. It is a type of marriage ceremony which is originated within the Dravidian self-respect Movement in Tamil Nadu.

On August 28, 2023, the Supreme Court validated the legality of self - respect and held that self – Respect marriages or ‘Suyamariyathai’ under section 7 A of the Hindu marriage Act, 1955, do not need the public solemnisation of declarations by setting aside o the judgement of Madras High Court. 

This article focuses upon the controversy surrounding the self-respect marriages in Tamil Nadu and the and it’s origination form self-respect movement held in Tamil Nadu.

Self – Respect Marriage 

According to this, two Hindus can marry without following the brahmin rituals or without Solemnization by a priest by declaring marriage in the presence of their friends or relatives or other persons.

According to Section 7 A of Hindu Marriage Act, 1955, the self-respect marriages are legal and can be solemnized without any public declarations and brahmin rituals and only by the consent of two adults in the presence of their friends,  relatives or other persons. 

This type of marriage was originated from the self-respect movement happened in Tamil Nadu in the early 20th century and nowadays the Supreme Court also made it legal and valid.

Self-respect Movement 

The Self-Respect movement is a socio- political and cultural movement that originated in the state of Tamil Nadu during the early 20th Century. It was aimed to promote the rights and interests of the Dravidian people of south India and Challenge perceived inequalities and injustices in society.

Goals of Self-respect Movement 

1. Challenging Caste-Based Discrimination: This movement opposed the entrenched Caste based discrimination which was prevalent in Tamil Nadu and challenged the privileges enjoyed by Upper castes in the society.

2.  Promoting Social Equality: This movement was focused on the promotion of social equality by encouraging rationalism in society.

3. Women Empowerment: This movement fought for the women’s education, equality and autonomy within both families and society.

4.  Promotion of Tamil Language & Culture: The movement emphasised the importance of preserving and promoting the Tamil language & Culture. It resisted the imposition of Sanskrit that and Brahminical traditions.

5.  Political Goals: This movement led to the formation of influential political parties like Dravida Munnetra Kazhagam (DMK) and the All India Anna Dravida Munnetra Kazhagam (AIADMK).

The 1967 Amendment 

In 1967, Section 7 A was introduced in the Hindu marriage (Tamil Nadu Amendment) Act, 1967. It provided legal recognition and legitimacy to the non-ritual Hindu marriages, including self-respect marriages, under Hindu law.

Section 7 A: Special Provisions regarding Special marriages 

1. This section shall apply to any marriage between any two Hindus, whether called suyamariyathai marriage or seerthiruththa marriage or by any other name, solemnized in the presence of relatives, friends or other persons—

1. By each party to the marriage declaring in any language understood by the parties that each takes the other to be his wife, or as the case may be, her husband; or

2. By each party to the marriage garlanding the other or putting a ring upon any finger of the other; or

3. By the tying of the thali a sacred thread of gold worn by the married wife after marriage. 

This amendment provided legal standing to self-respect marriages under Hindu law in Tamil Nadu but even then also, some govemment bodies, such as the Union Ministry for Social Justice and Empowerment resisted in recognizing the section 7A, leading to disputes and challenges in the society. 

Judicial Precedents 

In 2014, a division bench of the Madras High court in the case of S. Balakrishnan Pandiyan v/s Inspector of Police held that marriages performed by the  advocates are not valid and that self-respect manage Cannot be solemnized in secrecy.

Following this, on May 5, 2023, the Madras High Court in Ilavarsan v/s The Superintendent of Police and others refused to rely upon a self-respect marriage certificate issued by an advocate and dismissed a habeas corpus petition filed by a man who alleged that his partner was under illegal detention of her parents. Not only that, the High Court also directed that the Bar Council should initiate disciplinary action against advocates who issue such “fake marriage certificates”. Aggrieved by the judgement,  the petitioner approached the Supreme Court. 

Supreme Court Judgement 

Upholding the fundamental right of a person to choose a life partner, the Supreme Court overruled a Madras High Court judgment which held that the marriages performed in the offices of the Advocates are not valid as per the Hindu Marriage Act 1955.

The Supreme Court on Monday said the lawyers can solemnise ‘Suyamariyathai’ marriages between two consenting adults under the amended Hindu Marriage Act in Tamil Nadu. This judgment of Supreme Court  legalise Suyamariyathai (self-respect) marriages, to radically simplify weddings by shunning mandatory brahmin priests, holy fire and saptapadi (seven steps) and only declaring marriage in the presence of their friends or relatives of the couple or other persons.

Conclusion 

In marriage between two adults,  their consent plays the most important part and that’ why it is the individual right to choose one’s life partner and the way in which the marriage is solemnized.  If they want to perform marriage in secrecy and without any public declarations then it is the duty of the law to respect their choice and validate their marriage in the eyes of Law.

Self respect movement has gone through many challenges and now the Supreme Court has accepted this for the protection of individual rights and interests. Now also it has a long way to go and many challenges ahead. The acceptance of this law by the society is very important and may be in coming future, it will not be only limited to Tamil Nadu.

Reference 

• https://www.civilsdaily.com/

• https://www.thehindu.com/

• https://indianexpress.com/

• https://www.livelaw.in/