Marriage is an essential institution that has been an integral part of Indian culture for centuries. It holds a significant place in the lives of the people and is considered a union between not just two individuals, but two families. India is known for its low incidence of divorce compared to the western countries, where the divorce rate is considerably high. The reasons behind the low incidence of divorce in India can be attributed to several factors, such as social, cultural, religious, and legal, which have a significant influence on the attitudes and beliefs of people towards marriage and divorce.
Social and Cultural Factors
India is a country with a strong family system, and family values are given great importance. The family is considered the primary social unit, and the individual is expected to take care of the interests of the family before their own. Marriage is seen as a union of not just two individuals but two families, and hence, divorce is perceived as a failure of the families rather than just the couple.
The concept of collectivism is deeply ingrained in Indian society, where the interests of the community take precedence over individual desires. People tend to seek guidance and support from the community rather than going to professionals, as the community acts as a mediator in the resolution of conflicts. Hence, many issues that could have led to divorce are resolved within the community. The stigma attached to divorce is also a significant factor that discourages people from opting for it.
Religious Factors
Religion plays a vital role in shaping people’s beliefs and attitudes towards marriage and divorce. In Hinduism, marriage is considered a sacred union, and divorce is only allowed under specific circumstances such as infidelity or cruelty. The Hindu Marriage Act, 1955, provides for both judicial separation and divorce. However, even in cases where divorce is allowed, people tend to avoid it due to social and cultural stigma attached to it.
In Islam, divorce is considered permissible but discouraged, and the couple is expected to exhaust all possible means of reconciliation before opting for a divorce. The Quranic injunctions emphasize the sanctity of marriage and the need for both partners to work towards the preservation of the marriage.
Legal Factors
The legal system in India provides for divorce under specific circumstances such as cruelty, desertion, adultery, and conversion to another religion. The Hindu Marriage Act, 1955, the Muslim Personal Law (Shariat) Application Act, 1937, and the Special Marriage Act, 1954, govern marriages in India. However, the legal process of divorce in India is quite lengthy and expensive, which makes people think twice before opting for a divorce.
Moreover, the process of divorce in India is often stigmatized and is perceived as a failure of the couple. Hence, people tend to avoid divorce even in cases where it may be necessary, such as domestic violence or infidelity. The lack of awareness about legal procedures and rights in such cases also contributes to the low incidence of divorce in India.
Data on Divorce in India
According to the National Family Health Survey-4 (NFHS-4) conducted in 2015-16, the divorce rate in India is 0.3%, which is very low compared to countries like the United States, where the divorce rate is 39%. The survey also revealed that divorce is more prevalent in urban areas than in rural areas. The survey showed that 0.5% of women and 0.4% of men in urban areas were divorced or separated, while only 0.2% of women and 0.1% of men in rural areas were divorced or separated.
The data on divorce in India reflects the prevalence of strong family ties and the sanctity of marriage in Indian society. The low incidence of divorce can also be attributed to the lack of awareness about legal procedures and rights, which discourage people from opting for divorce. Many people also choose to stay in an unhappy marriage due to the social stigma attached to divorce, and the fear of losing social status and respect in the community.
However, there has been a gradual increase in the divorce rate in India over the years, especially in urban areas. The changing social and cultural norms, the increasing financial independence of women, and the growing awareness about legal rights are some of the factors contributing to this trend. Women, in particular, are becoming more assertive and are no longer willing to tolerate abuse or neglect in their marriages. They are more aware of their legal rights and are increasingly seeking divorce as a way to escape unhappy or abusive marriages.
The government of India has also taken several steps to make divorce more accessible and affordable for people. The introduction of the Family Courts Act in 1984 aimed at providing speedy and inexpensive justice in family-related matters, including divorce. The act provides for the establishment of family courts that deal exclusively with family-related disputes, including divorce, custody, and maintenance.
In 2019, the Indian government introduced the Muslim Women (Protection of Rights on Marriage) Act, which criminalizes instant divorce or triple talaq, a practice prevalent among Muslim men. The act aims to protect the rights of Muslim women and prevent the arbitrary and instant dissolution of marriages.
Conclusion:
In conclusion, the low incidence of divorce in India can be attributed to several social, cultural, religious, and legal factors that influence people’s attitudes and beliefs towards marriage and divorce. While the trend is gradually changing, divorce is still seen as a last resort, and people tend to avoid it due to the social stigma attached to it.
The changing social and cultural norms, the increasing financial independence of women, and the growing awareness about legal rights are some of the factors that are contributing to the gradual increase in the divorce rate in India. The government’s efforts to make divorce more accessible and affordable, especially for women, are also helping to address the issue of unhappy or abusive marriages.
Overall, while the low incidence of divorce in India may be seen as a positive reflection of strong family values and the sanctity of marriage, it is important to ensure that people are not forced to stay in unhappy or abusive marriages due to societal pressure or lack of awareness about their legal rights.
