The answer to this question has been discussed under the Section 3 of the Hindu Marriage Act, It has been defined under the Section 3 g of the Hindu Marriage Act, When one marries biologically related or blood relatives then it is consanguineous marriage. Types of consanguineous marriage:. Under Hindu law, marriage between prohibited degrees of relationship and sapindas is prohibited.
The marriage will be considered as incest if it takes place between relations of sapindas. Therefore, the marriage among Hindus is prohibited but if the customs allows so then it would not be considered as invalid.
Such type of marriage is voidable and not totally invalid among them. The Christian Marriage Act, says that no certificate of marriage shall be issued if there are any impediments of consanguinity or affinity.
Whereas, in southern Indian there are communities which practice consanguineous marriages. The ritual named Maman Kalyanam uncle niece marriage remains in practice in Tamil Nadu. The principle involved is that of return-the family that gives a daughter expects one in return, if not now, then in next generation.
The effect of such marriages is to bind people together in relatively, tight-knit kin groups. It is not illegal as it is their custom. The legality of Uncle-niece marriages was confirmed in the Hindu Code Bill of Some Sophisticated South Indians consider uncle-niece marriage outmoded. There was no phone and no way I could communicate with anyone. There is always a sense of anxiety, and every move they make will be thought out. This is very dangerous for the child's mental health and it takes years to get them out of it.
For a year, all the alliances they were looking for did not last because of dowry demands. My paternal uncle, who is quiet wealthy, learnt of their efforts and he intervened. They decided to get me married that very day. My parents did not have a say because both of them are unemployed and depend on my uncle for money. The belief is that if the girls are married off at a young age, the dowry money and jewellery will stay within the family and not be given to someone else.
In many cases, the girls are married to maternal uncles because the dowry amount is low. My parents were thinking about getting me married to my uncle for a while. Since my mother had made a pact with her brother that her first girl child would be married to him, they wanted it to happen soon. This was because my uncle was 37 years old at the time, and he wanted to have babies. Speaking to TNM, Veerendra Navadagi, District Child Protection Officer says that in several cases where the girls have been rescued so far, the parents are poor and get the girls married off in order to be spared the expense.
The wedding expenses would be too much. Marrying them off to their maternal uncles is very very common in Karnataka. According to the National Crime Records bureau, only cases have been filed under the Prevention of Child Marriage Act in , across the country. Of these, only 53 cases reached conviction. In , cases were booked and 49 persons were convicted. The trend is the same in Karnataka, too. For instance, in Bagalkot district, of the 52 cases of child marriages that were reported between January and June , no FIRs were registered.
In Vijayapura district, 65 cases were reported during this period and here, too, no FIRs were registered. Data from the department shows that of the 2, cases that were reported across Karnataka between January and June , only three persons have been convicted, and all the convictions were from cases filed in Chikkaballapura district.
One of the reasons why FIRs are rarely filed is because its family and parents who are involved. All they want is to get away from the men who they were married to.
The victims of child marriage are the only ones who can testify and generally, in most cases I have seen, the girls are scared to speak up.
They are riddled with guilt and do not want to be responsible for sending their parents to jail. Another reason is that when there is sexual assault involved, then the police have to take cognizance and register FIRs, but in most cases, the girls are scared and only after months or may be years of counselling do they open up about the episodes of sexual assault. It is difficult for such young children to cope with all these things. Conclusion : Section 5 of the Hindu Marriage Act bans, among other things, marriage between a brother and sister, uncle and niece, aunt and nephew, or children of brother and sister or of two brothers or of two sisters.
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