三泰虎

表亲结婚在印度合法吗

Is cousin marriage legal in India? One of my maternal cousins is getting married to his paternal first cousin. Can my cousin be arrested? Is it even moral? The Hindu Marriage Act states it is illegal unless it is a regional custom. What defines that?

表亲结婚在印度合法吗?我的姨表兄要和他的姑表妹结婚了。他会被逮捕吗?这符合伦理吗?印度婚姻法规定,除非是当地习俗,否则这种近亲结婚是非法的。这是怎么定义的?

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以下是Quora网友的评论:

Nisha Devi

In Hindu customs not all first cousins or are allowed to married but only some.

Marriage between First cousins or cousins with same family name is strictly prohibited.

Marriage between father’s brother’s children or your mother’s sister’s children is strictly prohibited because indirectly they become your siblings.

You can marry your father’s sister’s children or your mother’s brother’s children.

印度教习俗中,不是所有的表亲都可以结婚,只有一部分是允许的。

近亲或同姓表亲严禁结婚。

父亲兄弟的子女或母亲姐妹的子女之间严禁结婚,因为他们都是间接的兄弟姐妹。

但父亲姐妹的子女或母亲兄弟的子女可以结婚。

 

 

 

Roshini Sasank Motamarry

Related

Is second cousin marriage allowed in India?

India has many religions and within each religion multiple other divisions(caste, state etc). In hindu's both maternal and paternal side this scenario marriage is strictly prohibited by elders. But today's generation love, like is given more weightage. Not only 2nd cousin even 1st cousins are getting married. Within my family relations like brother sister(1st cousins), nephew and aunt-sis, nephew and great aunt(aunts distant aunt), uncle and neice are now husband and wife :).

印度允许近亲结婚吗?

印度有很多宗教,每个宗教内部都又各有分支(种姓、邦等)。在印度,长辈严格禁止父亲或母亲同一边的子女结婚。但如今新生代之间的爱情,更看重自己的心意。不仅是远房表亲堂亲,甚至连最亲的表亲堂亲之间也有结婚的。我家就有兄弟姐妹(表亲堂亲),侄子和姨妈家妹妹,侄子和姨婆(阿姨的远房阿姨),叔叔和侄女结为夫妇的情况。

 

 

 

Raja Ekka

As per Hindu Marriage Act ,

All kinds of first cousin marriage is illegal in India.

Same gotra marriage is legal too while it is not in some communities

Marriage between cross cousin is legal i.e. you marrying your second cousin or third cousin from your mother's side

根据印度婚姻法,

在印度,任何形式的表亲婚姻都是非法的。

同氏族婚姻是合法的,但在某些社区却是不合法的。

姑表姨表亲之间的婚姻是合法的,也就是说,你可以和外祖家的远房表哥结婚。

As far as incest goes Marriage between blood relatives are prohibited both law and in community wise too i.e. marriage between brother and sister. Father and daughter, Mother and son. Obviously which is immoral when you look it from every angle of your view.

However in history there are some instance where incest marriage have had happen or incest relationship have looked away

至于乱伦,法律和社区禁止血亲之间的婚姻,比如兄弟姐妹、父亲和女儿、母亲和儿子之间的婚姻。无论从各个角度来看,这种婚姻显然是不道德的。

不过历史上也发生过这种乱伦婚姻或乱伦关系,只是现在已经消失了。

Where in reality if you see we are all brother and sister born from a common ancestors Adam and Eve. Which at some point incest marriage would have happened. Cain and Abel son's of Adam must have married their own sisters.

在现实中,我们都是兄弟姐妹,亚当和夏娃是我们共同的祖先。在某种程度上,乱伦婚姻是会发生的。亚当的儿子该隐和亚伯一定娶了自己的姐妹。

In Egypt

King Tut's own parents were actually brother and sister

King Tut's own wife Ankhesenpaaten, was his half-sister as they shared the same father

Where in Bible, Lot didn't get married to his own two daughter but his daughter got him drunk and had sex with him which is phrased in bible as

在埃及

图坦卡蒙国王的父母就是兄妹

图坦卡蒙国王的妻子安肯森娜门蒙是他同父异母的妹妹,他们有着同一个父亲

在圣经里,罗得没有和他的两个女儿结婚,但是他的女儿把他灌醉并和他发生了性关系,圣经里是这样描述的

'Our father is getting old, and there are no men in the whole world to marry us so that we can have children. 32 Come on, let’s get our father drunk, so that we can sleep with him and have children by him' (Genesis 19:31 - 32)

Don't know if there action were justifiable or not

“我们的父亲老了,全世界也没有男人愿意娶我们,让我们生儿育女。我们把父亲灌醉吧,我们就可以和他同寝,和他生子。”(创世记19:31 - 32)

不知道她们的行为是否算是情有可原。

 

 

 

Rhonda Mills

In southern India, especially in states of Telangana, Andhrapradesh, Tamilnadu, Kerala, this is a common practice. Regardless of what the law says, this is very common in those states. I have not see any serious legal action against such marraiges.

在印度南部,特别是在泰伦加纳邦、安德拉德邦、泰米尔纳德邦、喀拉拉邦,近亲结婚是一种常见的做法。不管法律怎么说,近亲结婚在这些邦还是很常见的。我没有看到过针对这种婚姻的法律诉讼。

 

 

 

Manmath Athalye

Let's deal with the custom. Custom is something that's prevailing in a society based on some religious practice or logic over a long period of time. E. G. Wearing mangalsutra by wife post marriage.

So if it's prevailing in your part of the country for cousins to marry, it is legal. If not, then marriage would be void. Your cousin cannot be jailed for it, if such custom exsts.

我们用风俗来分析一下。风俗是一个社会在很长一段时间内基于某种宗教的实践或逻辑而盛行的观念。例如:女性在婚后要佩戴曼伽尔苏陀项链。

所以,如果你们国家盛行近亲结婚,那近亲结婚就是合法的。如果确实有这样的习俗,你的表兄不会因此而入狱。

Morally speaking, it does seem bit weird as in current scenario, we are in touch with our cousins and extended families, a lot more than earlier, with new modes of transport and communication. But think back to the ancient times when custom was evolving, when maternal home and matrimonial home were not in the same city and families hardly used to have any contact or communication save important events such as child birth, death or marriage. Some part of our country even had a custom, not to eat or drink in the house where daughter is married. So you can imagine for them, though related, it was as good as a strange or unrelated family due to lack of communication or acquaintance. Hence it evolved i guess.

But as customs evolve alongwith the society, this one may be abandoned and may be replaced by something new.

从道德伦理上讲,这么做似乎有点奇怪,因为现在有了新的交通和通信方式,我们和表亲堂亲及远亲的联系比以前热络多了。但回想一下,刚开始形成习俗的时候,如果娘家和婆家不在同一个城市,双方几乎难以进行联系或沟通,除了某些重要的事件,比如新生儿降生,家人死亡或有新人结婚等。我们国家有些地方甚至有一个习俗,不能在女儿出嫁的房间里吃喝。所以你可以想象,对他们来说虽是亲人,但彼此缺乏交流而彼此陌生。

但随着社会风俗的发展,这种风俗可能会被抛弃,被新的观念所取代。

 

 

 

NITESH KUMAR

As far as I know two of my relatives married their cousin by elo and living happy life. So you can marry by means of elopement only. Society will never allow you to marry.

据我所知,我有两个亲戚是和他们的表亲私奔而结婚,过上幸福的生活。所以你只能通过私奔才能实现结婚的目的。社会永远不会允许你们正常结婚的。

 

 

 

Sandli Kochhar

As a teenager i read that in Hindus (the religion i follow) one is not allowed to marry in close relations. An inquisitive me searched the Why of it and found out that our religion is extremely sensible when it comes to *many* things.

We are forbidden from marrying our first cousins because this helps to control any genetic disorder or malfunction which is prevalent in one family to be transmitted to next generation.

十几岁的时候,我读到过印度教徒(我信仰的宗教)不允许近亲结婚的规定。我好奇地搜索了原因,发现我们的宗教在很多事情上都是非常理智的。

我们不能和表亲结婚,因为这样有助于控制遗传疾病或身体残疾。

Primarily marriages are done so that the generations keep on blooming, so if one family has a history of tuberculosis for example and the marriage takes place between 1st cousins, the chances of tuberculosis in offspring would be high due to same genetic codification.

When it comes to India on whole-

婚姻的主要目的是为了繁衍后代,如果一个家庭有结核病史,又进行近亲结婚,那么相同的基因编码就会提高后代患结核病的几率。

就印度整体而言-

In India weddings are governed by personal laws which means Hindus, Muslims, Christians etc., have their own laws wrt. Marriage etc.  Hindu personal law forbids marriage in certain relations.

As far as Indian constitution which governs India on a whole is concerned, it states only a fact that marriagable age of a a Girl is 18 years and not is 21 years and marriage before this age won't be considered legal. That is it.

在印度,婚礼受个人法管辖,这意味着印度教徒、MSL、基督教徒等都有自己的婚姻法。印度教的个人法禁止某些近亲结婚。

就印度宪法而言,它只规定了:女孩的结婚年龄是18岁,而非21岁,在这个年龄之前结婚是不合法的。因此而已。

 

 

 

Naiya Sharma

In India, marriage of cousions is considered a sin and for all the good reasons. We tie Rakhis (a pious thread a sister ties on her brother’s hand while praying for his long and healthy life) to all our cousins since birth - no matter they are our first or second cousin, from maternal or paternal side. Just like we call our real brothers “Bhaiya” or sisters “didi” all our cousions are also called the same way. So, even thinking about marrying them is a sin and considered immoral.

在印度,表亲结婚被认为是一种罪行,有充分的理由。我们把Rakhis(一种虔诚的线,由姐妹系在哥哥的手上,祈祷哥哥健康长寿)系在我们所有的表兄身上,无论他们是我们的表兄堂兄还是远方表兄堂兄。就像我们称自己的亲兄弟为“Bhaiya”或姐妹为“didi”一样,我们对所有的表亲也都是这样称呼的。所以,和他们结婚的想法本就是一种罪恶,被认为有伤风化。

However, in some communities in India, this practice is still considered normal.

According to Indian law, marrying second time without divorcing your first spouse is illegal if you are not a Muslim. Also, there is no law in India against cousions marriage but people who do it are considered sinners by 90% of the communities.

但在印度的某些社区,近亲结婚仍然被视若平常。

根据印度法律,未和第一任配偶离婚就再婚是违法行为。除此之外,印度没有法律禁止表亲结婚,但90%的社区都认为这样做不对。

 

 

 

Himansh Zadoo

Legally it is not allowed but if we look back at our scriptures, we do see instances of socially accepted unions between first cousins. A prime example is Arjun marrying Subhadra.

Even historically, Samrat Prithvi Raj Chawhan eloped with Samyogita. How were they related? Smyogita’s father Jai Chand was the first cousin of Prithvi Raj Chawhan. Yes! Prithvi Raj Chawhan’s and Jai Chand’s mothers were Sisters. They were both Born to Anant Pal Tomar (King of Delhi). So Prithvi Raj Chawhan did elope with his Cousin Jai Chand’s Daughter.

I believe what ever was done in the past was done. We should not do it going forward given the fact that modern Sciences have proved that such unions cause genetic defects in kids.

这在法律上是不被允许的,但我们确实发现印度社会接受近亲结合的例子。一个典型的例子是阿琼嫁给苏巴德拉。

历史上,普里特维·拉杰·查万就和萨姆约吉塔私奔了。他们有什么亲缘关系呢?萨姆约吉塔的父亲贾伊·查万是普里特维·拉杰·查万的表兄。是的!普里特维·拉杰·查万和贾伊·查万的母亲是姐妹。她们都是阿南特·帕尔·托马尔(德里国王)的女儿。所以普里特维·拉杰·查万确实和他表弟贾伊·昌德的女儿私奔了。

我相信过去的事现在不会再次发生。现代科学已经证明近亲结婚会导致孩子出现遗传缺陷,我们不应该再这样做了。

 

 

 

Ambika Vijay

Related

Why in South India do people get married to an aunt's or uncle’s children?

South Indians practice, cross cousin marriages.

Cross cousin marriages are marriages between a

A man and his mother's brother's daughter, (matrilateral cross cousin).

A man and his Father’s sister’s daughter (Patrilineal cross cousin)

为什么在南印度,人们要和阿姨或叔叔的孩子结婚?

南印度人的习俗就是姑表姨表亲通婚。

姑表姨表亲通婚是指:

一个男人和他母亲兄弟的女儿结婚(姨表亲)。

一个男人和他父亲姐妹的女儿结婚(姑表亲)

The main reason for these marriages is :

Since most South Indians like rest of India- practice arranged marriages ( though things are changing in cities) , they think :

“A known devil is better than an unknown angel “

Also, they want the familial property like ancestral houses and lands be undivided and stay within the family.

The custom of marrying cross cousins has its roots in ancient scriptures.

这种婚姻的主要原因是:

大多数南印度人和印度其他地方一样实行包办婚姻(城市里开始出现变化了),他们认为:

"相识的魔鬼胜过陌生的天使"

此外,他们希望保持祖传的房屋和土地等家族财产的完整,肥水不流外人田。

表亲通婚的习俗在古代经文中就有记载。

 

 

 

Shweta Bhatnagar

It all depends on how your family takes it.

If two of you are ok and they agree then I don't think that there should be a problem.

这完全取决于你家人的看法。

如果年轻人自己愿意,两边家庭也都觉得没问题,表示同意,那么我认为应该不会有问题。

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