The Philosophy of Marriage in India: A Tripartite Analysis of Contract, Institution, and Moral Bond

This paper seeks to analyze the philosophy of marriage in India as a construct based on three distinct and conflicting models: the contract, the institution, and the moral bond. The primary focus is to consider how the marriage contract, as a sacred Muslim Nikah and a secular civil agreement under the Special Marriage Act, 1954 and Hinduism as a sacred event and also, a civil agreement under the Hindu Marriage Act, 1955. The moral bond is represented by widows and modern-day “companionate” partnership. It concludes that Indian marriage is a struggle between all three models due to globalization, post-colonial feminist critiques of its patriarchal nature, and the individualization of Western ideals around partnership and friendship. The quintessential example of all three struggles is love-cum-arranged marriage.