Topic1: Sapinda Marriage

Why in NEWS?

Delhi High Court recently rejected a challenge to the constitutionality of Section 5(v) of the Hindu Marriage Act, 1955 (HMA).

The Acts prohibits marriage between two Hindus if they are “sapindas” of each other — “unless the custom or usage governing each of them permits of a marriage between the two”.

What is a sapinda marriage?

As per Hindu Marriage Act,1955, a sapinda marriage is defined a below:

“Two persons are said to be sapindas of each other if they have a common lineal ascendant who is within the limits of sapinda relationship with reference to each of them”.

Generally speaking, a sapinda marriage is one between individuals who are related to each other within a certain degree of closeness.

• As per the provisions of the HMA, a Hindu individual cannot marry anyone who is within three generations of them from mother’s side. Whereas on the side of father, this prohibition applies to anyone within five generations of the individual.
• In practice, this means that on their mother’s side, an individual cannot marry their sibling (first generation), their parents (second generation), their grandparents (third generation), or an individual who shares this ancestry within three generations.
• On their father’s side, this prohibition would extend up to their grandparents’ grandparent, and anyone who shares this ancestry within five generations.

What happens if a marriage violates the provisions of Hindu Marriage Act, with respect to sapinda marriage?

• As per the act, if a marriage is found to violate Section 5(v) for being a sapinda marriage, and there is no established custom that allows such a practice, it will be declared void.
• This would mean that the marriage was invalid from the very beginning, and will be treated as though it never took place.

Are there any exceptions to the prohibition against sapinda marriages?

The sole prohibition is with in the provision of the very act. The Hindu Marriage Act, 1955, explicitly mentions the exception where the very customs of each individual itself permits sapinda marriages.

How does Hindu Marriage Act define customs?

Section 3(a) of the HMA states that the custom has to be “continuously and uniformly observed for a long time”, and should have gained enough legitimacy among Hindus in a local area, tribe, group, or family, such that it has obtained “the force of law”.

It also mentions the custom must be certain and not unreasonable or opposed to public policy. It also says it must not have been discontinued.

What is the context of this Sapinda marriage Judgement delivered by the Delhi High Court?

The challenger to this act has been a women, whose marriage was declared void in year 2007 , after her husband successfully proved that they had entered into a sapinda marriage, and that the woman was not from a community where such marriages could be considered a custom.

• 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.
• She argued that sapinda marriages are prevalent even when there is no proof of custom. Hence, Section 5(v) which prohibits sapinda marriages unless there is an established custom, violates the right to equality under Article 14 of the Constitution.

 

• The petitioner also argued that the marriage had received the consent of both families, which proved the legitimacy of the marriage.

What did the High Court say?

Delhi High Court rejected the very argument, stating that the petitioner did not provide “stringent proof” of an established custom, which is necessary to justify a sapinda marriage.

• The Delhi HC also stated that the choice of a partner in a marriage can be subject to regulation.
• The court held that the woman did not present any “cogent legal ground” to show that the prohibition against sapinda marriages was violative of the right to equality.

Topic 2: INDO FRANCE -25th anniversary of strategic partnership

Why in news?

India and France are long-standing strategic partners in the Indo-Pacific. The diplomatic relation was soon established after independence in 1947. It got upgraded to Strategic Partnership in 1988.

French President Emmanuel Macron, was chief guest at the republic day celebration. It also commemorates 25 years of Strategic Partnership between India and France.

How different is strategic partnership from alliance?

‘Alliance‘ and ‘strategic partnership’ are two frequently used phrases in International Relations (IR). An alliance is an arrangement between two or more states to work together on mutual security issues.

• It can be formal or informal. Nonetheless, in an alliance, states usually are treaty-bound to assist each other in case of a threat or attack against any member.
• An alliance agreement typically includes shared obligations and common defence strategies. Furthermore, it can be bilateral, multilateral, defensive or offensive.
• Example of alliances can be United States–Japan security alliance, which is a bilateral alliance. The North Atlantic Treaty Organization (NATO) is an example of a multilateral and defensive alliance. The ‘Axis Powers’ during the World War II represented an offensive alliance.

Where as ‘Strategic partnership’ is a comparatively new concept in IR. These are less formal than alliances.

• The essence of the strategic partnership lies in cooperation between the states that share common objectives. Though security issues are central to strategic partnerships, the ambit of such partnerships can be quite broad, including trade, economy, technology, and so on.
• The Quad or Quadrilateral Security Dialogue comprised of Australia, India, Japan and the United States is not a formal alliance. Rather, it is a loose-knit strategic grouping of like-minded partners desiring a broader purpose. India has signed more than 30 strategic partnerships with various countries, including the United States, the United Kingdom, Japan, France, China and the European Union.

 

What are the key areas of Indo-French strategic partners?

The major pillars of cooperation, between India and France includes:

Defence: India and France have had a strong and robust defence partnership. The procurement of Rafale jets as part of India’s air power is a testament to the deep defence ties. The India France joint defence exercises have also grown in scope and complexity over the years. A DRDO office was opened in the Embassy in 2023 for strengthening technology cooperation.

Space: There’s a rich history of cooperation in the field of space for over 50 years between ISRO and the French Space Agency, Centre National D’Etudes Spatiales (CNES). France remains a major supplier of components and equipment for the Indian space programme.

Civil Nuclear Cooperation: Both countries are making progress on the 6-EPR power plant project in Jaitapur. They will also cooperate on small modular reactors and advanced modular reactors.

Economic and commerce: France is one of the largest investors in India with FDI inflow of US$ 659.77 million for FY 2022-23

• Bilateral Trade : For FY 2023-24 (till August 2023), Indian exports to France totaled $3.06 billion and imports from France totaled $2.36 billion.
• India’s main exports include engineering goods, petroleum products, pharmaceutical products, electronic equipment and ready-made garments. The main imports from France are aviation products, machine equipment, electrical equipment and chemical products.
• Tourism: About 2.5 lakh French travelled to India in 2019 while about 7 lakh Indians went to France for tourism.

Education: It is estimated that there are about 10,000 Indian students in France. An agreement on mutual recognition of degrees was signed in 2018.

• The Indo French Campus for Health was also launched in June 2022 to offer double degrees.
• A scheme that allows Indian students to stay in France up to two years after finishing their Masters degree, to look for jobs, was renewed in October 2022.

Indian Diaspora: Mainland France has an estimated 1,19,000 Indian community (including NRIs) members, largely originating from erstwhile French colonies of Puducherry, Karaikal, Yanam, Mahe and Chandernagore and the States of Tamil Nadu, Gujarat and Punjab.

Support on international fora:

• France has continues to support India’s claim for permanent membership of the United Nations Security Council and the reforms of the United Nations.
• France’s support was vital in India’s accession to the Missile Technology Control Regime (MTCR), Wassenaar Arrangement (WA) and Australia Group (AG).
• France continues to support India’s bid for accession to the Nuclear Suppliers Group (NSG).
• India and France have resolved to work together for adoption of the Comprehensive Convention on International Terrorism (CCIT) in the UN.