What Are Sapinda Marriages?

Why Delhi HC Has Banned Sapinda Marriages?

• About the Case:
• • 2007: The woman’s marriage was declared void after her husband successfully proved that they had entered into a sapinda marriage.
  • 2023: This ruling was challenged before the Delhi HC, which dismissed the appeal in October 2023.
    • The woman then approached the HC again, challenging the constitutional validity of the prohibition on sapinda marriages. 
• Constitutional Validity:  The petitioner contested Section 5(v) of the Hindu Marriage Act, arguing that it violates the right to equality guaranteed under Article 14 of the Constitution.
  • She argued that sapinda marriages are prevalent even when there is no proof of custom.

Delhi High Court Ruling:

• The Delhi High Court dismissed the petitioner’s arguments, stating that she failed to provide sufficient evidence of an established custom to justify a sapinda marriage. 
• The court also held that the choice of a partner in a marriage can be subject to regulation and found no legal grounds to support the claim that the prohibition on sapinda marriages violates the right to equality.

Similar to Sapinda Marriages in Other Countries

• Europe: In several European countries, laws regarding incestuous relationships are less strict than in India. 
  • France: Abolished the crime of incest under the Penal Code of 1810, allowing marriages between consenting adults. 
  • Belgium: Adopted similar laws under the influence of the French code. 
  • Portugal: It does not criminalise incest.
  • Italy: Incest is only considered a crime if it causes a “public scandal.”
• United States: Incestuous marriages are prohibited in all 50 states. However, relationships between consenting adults are permitted in New Jersey and Rhode Island.

Note: 

• Incestuous: An incestuous relationship is one involving sexual intercourse between two members of the same family.