Eleanor Finch
Incestuous marriages are prohibited in many countries, including India and Germany. In India, the Delhi High Court rejected a challenge to the constitutionality of Section 5 (v) of the Hindu Marriage Act, which prohibits marriage between two Hindus if they are sapindas of each other. In Germany, the Federal Constitutional Court ruled in 2008 that the criminalisation of incest is constitutional. Despite these prohibitions, the legality of incestuous marriages remains a complex issue, with some arguing that it violates the right to equality.
| Characteristics | Values |
|---|---|
| Incestuous marriages are prohibited in | India, Germany, the US |
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What You'll Learn
- The Hindu Marriage Act, 1955 prohibits marriage between two Hindus if they are 'sapindas' of each other
- The Delhi High Court rejected a challenge to the constitutionality of the Hindu Marriage Act, 1955
- The German Ethics Council recommended that the government abolish laws criminalising consensual incest between adult siblings
- Marriages that are void include those where one person is still married to another
- A voidable marriage is one that is flawed in its validity, but still exists
The Hindu Marriage Act, 1955 prohibits marriage between two Hindus if they are 'sapindas' of each other
Incestuous marriages are prohibited in many countries. In the US, incestuous marriages are void and the parties thereto shall each be fined not less than fifty nor more than one hundred dollars and may, in the discretion of the court in addition to said fine, be imprisoned for a term not exceeding six months.
In India, the Delhi High Court recently rejected a challenge to the constitutionality of Section 5(v) of the Hindu Marriage Act, 1955 (HMA), which prohibits marriage between two Hindus if they are sapindas of each other. The court held that the choice of a partner in a marriage can be subject to regulation and that the petitioner did not provide "stringent proof" of an established custom, which is necessary to justify a sapinda marriage.
The Hindu Marriage Act, 1955 prohibits marriage between two Hindus if they are sapindas of each other. This means that the two individuals share a specific degree of familial closeness. For example, if the bride is the offspring of any person within five generations (inclusive) on the bridegroom's father's side and three generations (inclusive) on the groom's mother's side, or vice versa, they will be referred to as "sapindas" of each other. In these cases, the Hindu Marriage Act of 1955 bars marriage between two Hindus of this genealogy.
Section 5 of the Hindu Marriage Act of 1955 lays down the conditions for a Hindu marriage. A marriage may be solemnized between any two Hindus if the following conditions are fulfilled:
- Neither party has a spouse living at the time of the marriage
- Neither party is suffering from a mental disorder or has been subject to recurrent attacks of insanity
- The bridegroom has completed the age of twenty-one years and the bride the age of eighteen years at the time of the marriage
- The parties are not within the degrees of prohibited relationship, unless the custom or usage governing each of them permits of a marriage between the two
- The parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two
A marriage between two Hindus who are sapindas of each other is considered void and the parties are subject to punishment, which may include both simple imprisonment for a month and a fine of Rs. 1,000.
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The Delhi High Court rejected a challenge to the constitutionality of the Hindu Marriage Act, 1955
Incestuous marriages are prohibited in many countries. In the US, incestuous marriages are void and the parties involved can be fined or imprisoned. In Germany, the criminalisation of incest is constitutional, although the majority of the German Ethics Council recommended that the government abolish laws criminalising consensual incest between adult siblings.
In India, the Delhi High Court recently rejected a challenge to the constitutionality of Section 5(v) of the Hindu Marriage Act, 1955 (HMA), which prohibits marriage between Hindus if they are 'sapindas' of each other. The petitioner argued that the marriage had received the consent of both families, which proved the legitimacy of the marriage. However, the Delhi High Court found no merit in her arguments, stating that she did not provide "stringent proof" of an established custom, which is necessary to justify a sapinda marriage. The Delhi High Court also held that the choice of a partner in a marriage can be subject to regulation.
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The German Ethics Council recommended that the government abolish laws criminalising consensual incest between adult siblings
Incestuous marriages are not protected under the constitution. In fact, incestuous marriages are considered void, and the parties involved can be fined or imprisoned. In some countries, such as India, incestuous marriages are prohibited by law. In Germany, the German Ethics Council has recommended that the government abolish laws criminalising consensual incest between adult siblings. The Council argued that the criminalisation of incest infringes on the basic rights of those involved, including their right to sexual self-determination and freedom. The Council also noted that the risk of disability in children born from incestuous relationships is not sufficient grounds for criminalisation, as other genetically affected couples are not banned from having children. While the Council's recommendation has sparked debate, with some arguing that decriminalising incest would weaken family values, the final decision on whether to repeal the law rests with the German government.
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Marriages that are void include those where one person is still married to another
In addition to this, incestuous marriages are also void. In India, the Delhi High Court rejected a challenge to the constitutionality of Section 5 (v) of the Hindu Marriage Act, 1955 (HMA), which prohibits marriage between two Hindus if they are "sapindas" of each other. In Germany, the Federal Constitutional Court ruled in 2008 that the criminalisation of incest is constitutional.
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A voidable marriage is one that is flawed in its validity, but still exists
Incestuous marriages are not protected under the constitution. In fact, they are prohibited by law in many countries, including India and Germany. In India, the Delhi High Court rejected a challenge to the constitutionality of Section 5 (v) of the Hindu Marriage Act, 1955 (HMA), which prohibits marriage between two Hindus if they are "sapindas" of each other. The court held that the choice of a partner in a marriage can be subject to regulation and that incestuous relationships should not be legitimised. Similarly, in Germany, the Federal Constitutional Court ruled in 2008 that the criminalisation of incest is constitutional.
A voidable marriage is one that is flawed in its validity but still exists. This means that while the marriage may not be legally valid, it is not considered null and void. In the case of incestuous marriages, they are considered void and not merely voidable. This means that they are not recognised as legally valid and can be annulled. In addition to incestuous marriages, other types of void marriages include those in which one person is already married to someone else and those that were solemnised by a person who did not have the authority to do so.
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