What is the Prohibited Degree of Relationship?

The term “prohibited degree of relationship” refers to specific relationships where marriage between two individuals is restricted by law. These restrictions are generally put in place to prevent incestuous unions, safeguard public morals, and ensure the health and genetic well-being of future generations. Different legal systems have different definitions and scopes for prohibited degrees of relationships, but the underlying principle remains the same: to prevent marriages between individuals who are closely related by blood, adoption, or other familial ties.

This article will examine the concept of prohibited degrees of relationship, focusing on Indian law, with references to other legal systems, including religious laws and international frameworks. 

Understanding Prohibited Degrees of Relationship

The concept of prohibited degrees of relationship stems from both moral and practical considerations. Relationships that are too close—whether by blood, marriage, or adoption—are often seen as incestuous and, therefore, unethical or immoral. In addition to the moral dimension, there are biological and social considerations. Close familial relationships may increase the likelihood of genetic disorders in offspring due to a lack of genetic diversity, which is a critical concern for many societies.

From a legal standpoint, a marriage between individuals within the prohibited degrees of relationship is often considered void ab initio (void from the beginning) or voidable, depending on the legal system in place. In other words, such marriages are either not recognised by law or can be annulled upon discovery.

Prohibited Degrees of Relationship in India

In India, the concept of prohibited relationships is enshrined in various personal laws and legislations governing marriages. These include the Hindu Marriage Act, 1955, the Special Marriage Act, 1954, and other laws that apply to different religious communities, such as Muslims, Christians, and Parsis.

Hindu Marriage Act, 1955

Under the Hindu Marriage Act, 1955, a marriage is prohibited if the parties fall within the degrees of prohibited relationship unless there is a custom that allows such marriages. Section 3(g) of the Act defines a “prohibited relationship” as:

• If one is a lineal ascendant of the other (e.g., a parent or grandparent).
• If one is the wife or husband of a lineal ascendant or descendant of the other (e.g., step-parents, step-children).
• If they are brother and sister, uncle and niece, aunt and nephew, or children of a brother and sister.
• If the relationship exists by full blood, half-blood, or uterine blood, or through adoption.

The law does recognise that some communities may have customs that allow marriages within these degrees of relationship, and in such cases, the marriages can be solemnised legally. However, these customs must be established by clear evidence and possess antiquity and certainty.

Case Law:

In the case of Harihar Prasad v. Balmiki Prasad, the court ruled that a custom allowing a marriage within prohibited degrees must be proven by clear and unambiguous evidence. Such customs must be longstanding and recognised by the community.

Violating the provisions of prohibited degrees of relationship under the Hindu Marriage Act renders the marriage void. Section 18(b) of the Act prescribes punishment for individuals who knowingly enter into a prohibited marriage, with a penalty of up to one month of simple imprisonment or a fine of ₹1000, or both.

Special Marriage Act, 1954

The Special Marriage Act, 1954 governs marriages between individuals of different religions or those who choose to marry outside the bounds of personal laws. Under this Act, the rules regarding prohibited relationships are similar to those found in the Hindu Marriage Act. Section 2(b) of the Act specifies that marriage between individuals related in prohibited degrees of relationship is not permitted unless a custom permits it.

Muslim Law

Under Muslim personal law, marriages are prohibited if the individuals fall under certain close familial ties, known as “Mahram” relationships. A Mahram is a person with whom marriage is permanently forbidden, either due to consanguinity (blood relations), affinity (relation by marriage), or fosterage (being breastfed by the same woman). These include:

• Lineal ascendants (e.g., father, mother, grandfather).
• Lineal descendants (e.g., son, daughter, grandchildren).
• Siblings and their children (e.g., brother, sister, nephew, niece).
• Foster relatives who were breastfed by the same woman.

Muslim law strictly prohibits marriages within these relationships, and such unions are considered haram (forbidden) and invalid. However, beyond these prohibited degrees, Muslim law permits cousins to marry, which differs from other legal frameworks.

Christian Marriage Act, 1872

In Christianity, marriage between individuals who fall within prohibited degrees of relationship is also forbidden. Under the Indian Christian Marriage Act, 1872, marriages between close relatives, such as siblings, lineal ascendants, and descendants, are not allowed. Marriages that violate these provisions are void, and any child born from such a union may be considered illegitimate.

Biological and Social Reasons for Prohibited Relationships

One of the primary reasons for prohibiting marriages between close relatives is the increased risk of genetic disorders. Studies show that offspring born from closely related individuals are at a higher risk of congenital disabilities and hereditary diseases due to the lack of genetic diversity. This is particularly true for autosomal recessive disorders, where both parents must carry the gene mutation for the disorder to manifest in the child.

Moreover, there are social reasons for prohibiting close familial marriages. Such unions may disrupt the familial structure, leading to issues of power imbalance, coercion, and potential exploitation. Incestuous marriages are seen as socially unacceptable and morally wrong in most cultures, which is why laws prohibit these relationships to maintain social harmony and protect vulnerable individuals.

Legal Consequences of Marriages within Prohibited Relationships

Marriages that violate the laws regarding prohibited relationships are typically considered void or voidable, depending on the legal system. The consequences of such marriages are significant, both in terms of the legal status of the union and the rights of any children born from the marriage.

Void and Voidable Marriages

A void marriage is one that is considered null and void from the beginning. It is as if the marriage never took place, and no legal rights or obligations arise from it. In the case of prohibited relationships, marriages are often declared void to protect the parties from any adverse legal consequences. In India, the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954 provide that marriages within prohibited relationships are void ab initio.

A voidable marriage, on the other hand, is a marriage that can be annulled at the request of one of the parties. In some legal systems, marriages within prohibited degrees may be voidable rather than void, depending on the circumstances. For example, if a party was unaware of the prohibited relationship at the time of the marriage, the union may be voidable.

Illegitimacy of Children

One of the most significant legal consequences of marriages within prohibited degrees of relationship is the issue of the legitimacy of children born from such unions. In many jurisdictions, children born from a void marriage are considered illegitimate. This can have far-reaching consequences for inheritance rights, custody issues, and other legal matters.

However, modern legal systems, including India, have enacted reforms to protect the rights of children born from void marriages. Under Section 16 of the Hindu Marriage Act, 1955, children born from a void or voidable marriage are deemed legitimate. This ensures that the children are not punished for the actions of their parents.

Conclusion

The concept of prohibited degrees of relationship is integral to marriage laws in many countries, including India. These laws serve to protect individuals from entering into incestuous or harmful marriages, maintain social order, and prevent genetic complications in offspring. While the scope and definitions of prohibited relationships vary across legal systems, the underlying principle remains the same: to prevent marriages between closely related individuals.

In India, the Hindu Marriage Act, 1955, the Special Marriage Act, 1954, and other personal laws governing different religious communities provide clear guidelines on prohibited relationships. Violations of these provisions result in the marriage being declared void, and in some cases, criminal penalties may apply.

As societies evolve, so do the customs and laws regarding marriage, but the protection of individuals within the family unit remains a priority.