Explained| Is 'kanyadaan' essential to get married? What does The Hindu Marriage Act say?

'Kanyadaan', that literally translates to giving away one’s daughter has been an age-old ceremony in the Hindu tradition that has of late found itself amidst severe criticism. Often referred to as ‘Mahadaan’, in this practice the bride’s father takes her hand and offers it to the groom, symbolically giving her away.

The Allahabad High Court on April 5 observed that the ‘kanyadaan’ ceremony is not essential for a Hindu marriage to get solemnised as it noted that ‘saptapadi’ or seven ‘pheras’ is the only ceremony that is mandated in a Hindu marriage.

A bench of Justice Subhash Vidyarthi made the observation while hearing a revision petition filed by one Ashutosh Yadav, who had stated that his marriage under the Act mandated a 'kanyadaan' (giving away the bride) ceremony, which was not performed in this case.

What did the bench say about 'kanyadaan'?

"The Hindu Marriage Act merely provides saptapadi as an essential ceremony of a Hindu marriage and it does not provide that the ceremony of kanyadaan is essential for solemnization of a Hindu marriage," LiveLaw quoted a bench of Justice Subhash Vidyarthi as saying.

What is 'kanyadaan'?

'Kanyadaan', that literally translates to giving away one’s daughter has been an age-old ceremony in Hindu tradition that has of late found itself amidst severe criticism. Often referred to as ‘Mahadaan’ (The biggest donation), in this practise the bride’s father takes her hand and offers it to the groom, symbolically giving her away.

Is 'kanyadaan' needed to solemnise a Hindu marriage?

No, it is not. 

As per the Act, a Hindu marriage may be solemnised according to the ceremonies and customary rites of either of the parties. 

It states: "Where such rites and ceremonies include the saptapadi (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken.”

What is 'saptapadi'?

The term Saptapdi means ‘seven steps’ in Sanskrit. This is a Hindu wedding ritual wherein the bride and the groom take seven rounds around the fire and make seven promises to each other. Respect, support and faithfulness are a few among the seven vows.  

What are conditions of marriage under the Hindu Law

Enacted in 1955, The Hindu Marriage Act lists certain conditions for marriage: 

(i) Neither of the bride or groom have a living spouse at the time of the marriage

(ii) At the time of the marriage, both the parties must be capable of giving consent, have a sound mind and must not be suffering from a mental disorder to an extent where they become “unfit for marriage and the procreation of children”. It also mentions that neither party “has been subject to recurrent attacks of insanity or epilepsy.”

(iii) The bridegroom must have completed the age of 21 years and the bride the age of 18.

(iv) The parties must not be within the degrees of “prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two”

(v) They must not be ‘Sapindas’ (term used for cousin marriages) “unless the custom or usage governing each of them permits of a marriage between the two”

How have people reacted to 'kanyadaan' in the past?

Celebrities and feminists have been vocal about their opinion against the practise of 'kanyadaan'. 

In 2021, an advertisement featuring Alia Bhatt sparked a debate where the actress promoting a lehenga questioned the custom of ‘kanyadaan’. While many termed the advertisement 'Hindu-phobic' for casting aspersions on a ritual that is part of the warp and weft of the dominant culture of India, others appreciated it for calling out the patriarchy that underscores the custom and there are those that feel it should have gone even further in its rejection of the ritual.

Actor Dia Mirza, who decided to do away with the rituals of both 'bidaai' and 'kanyadaan' when she got married to businessman Vaibhav Rekhi, said they wanted the wedding to reflect their "beliefs and not outmoded ideas".  

"Neither of us believes that women are commodities to be given away or 'donated'. Women have agency, selfhood and can make decisions about their lives on their own so my wedding reflected exactly that by not including a ritual like 'kanyadaan'," the actor told PTI.

Mumbai-based IT analyst Meghna Trivedi, who got married in February last year, said the ritual of 'kanyadaan' does not make sense in today's day and age but had to undergo the ritual anyway.

Trivedi, a Gujarati who married a Punjabi, said she asked the priest to find another way but he maintained 'kanyadaan' is a "must".

(With PTI inputs)