The Arya Marriage Validation Act, 1937

The Arya Marriage Validation Act, 1937 was introduced to confirm that marriages between members of the Arya Samaj are legally valid without any doubt.
Earlier, marriages between individuals from different Hindu castes, sub-castes, or those who had converted from other religions often faced legal uncertainty. This Act solved that issue by ensuring that such marriages, as long as both individuals are Arya Samajists at the time of marriage, cannot be declared invalid based on caste differences or past religious identity.
The Act applies across India, excluding former Part B States as of 1956, and it even covers Indian citizens living overseas.

Section 1 provides the name of the Act and explains where it applies, while Section 2 ensures that marriages between Arya Samajists are fully protected and recognised by law, ignoring outdated caste and religious restrictions from traditional Hindu customs.

Original Law Text:

THE ARYA MARRIAGE VALIDATION ACT, 1937
ACT NO. 19 OF 1937
[14th April, 1937]
An Act to recognise and remove doubts as to the validity of inter-marriages current among Arya Samajists.
Whereas it is necessary to affirm and make clear the validity of inter-marriages conducted among a group of Hindus known as Arya Samajists, it is hereby enacted as follows:

Simple Explanation:

The Arya Marriage Validation Act, 1937 was created to confirm that marriages between members of the Arya Samaj are legally valid. Before this law, there was uncertainty about whether marriages between people from different Hindu castes, sub-castes, or even those who had converted from other religions were lawful under Hindu traditions.
The Act made it clear that such marriages are indeed valid and cannot be challenged on the grounds of caste, sub-caste, or past religious background. The law applies to Arya Samajists and ensures their marriages are recognised legally without any doubts.

Vital Pointers to Remember:

• Purpose: To confirm the legality of marriages between Arya Samaj members.
• Focus Group: Hindus known as Arya Samajists.
• Problem Solved: Cleared confusion regarding marriages across different castes, sub-castes, or previous religions.
• Effect: These marriages are legally recognised and cannot be declared invalid.
• Application: Applies to marriages conducted both before and after the Act came into effect.
• Importance: Strengthened the reformist ideals of the Arya Samaj, promoting equality and unity within Hindu society.

The Arya Marriage Validation Act, 1937 – Section 1: Short Title and Extent

Original Law Text:

1. Short title and extent.—
   (1) This Act may be called the Arya Marriage Validation Act, 1937.
   (2) It extends to the whole of India except the territories which, immediately before the 1st November, 1956, were comprised in Part B States and applies also to citizens of India wherever they may be.

Simple Explanation:

Section 1 explains the basic information about the Act.
Firstly, it states the official name of the law, which is the Arya Marriage Validation Act, 1937.
Secondly, it outlines where the Act is applicable. It covers the entire country of India, except for the areas that were earlier known as Part B States before 1st November 1956.
Additionally, it also applies to Indian citizens living abroad, ensuring the Act has a broader and more inclusive reach.

Vital Pointers to Remember:

• Official Title: Arya Marriage Validation Act, 1937.
• Geographical Reach: Applies across all of India, except former Part B States.
• Citizenship Coverage: Also applies to all Indian citizens, even those outside India.
• Importance: Ensures consistency and validity of Arya Samaj marriages throughout the nation and among Indian communities globally.

The Arya Marriage Validation Act, 1937 – Section 2: Marriage Between Arya Samajists Not To Be Invalid

Original Law Text:

2. Marriage between Arya Samajists not to be invalid.—
   Notwithstanding any provision of Hindu Law, usage, or custom to the contrary, no marriage contracted, whether before or after the commencement of this Act, between two persons being at the time of the marriage Arya Samajists shall be invalid or shall be deemed ever to have been invalid by reason only of the fact that the parties at any time belonged to different castes or different sub-castes of Hindus or that either or both of the parties at any time before the marriage belonged to a religion other than Hinduism.

Simple Explanation:

Section 2 clearly states that if two individuals, both being members of the Arya Samaj at the time of marriage, get married, their marriage cannot be considered invalid.
It does not matter whether:

• They belonged to different Hindu castes or sub-castes, or
• One or both had previously followed a religion other than Hinduism.
  Even if such marriages happened before or after the Act came into effect, they are all considered valid.
  This Section overrules any Hindu laws, traditions, or customs that might suggest otherwise, firmly protecting the validity of Arya Samaj marriages against discrimination based on caste or past religious identity.

Vital Pointers to Remember:

• Core Principle: Marriages between Arya Samajists are legally valid, no matter their caste, sub-caste, or past religion.
• Applies To: Marriages occurring both before and after the Act was passed.
• Overrides: Any contradictory Hindu laws, customs, or usages.
• Protection Against: Discrimination based on caste differences and previous non-Hindu faiths.
• Safeguard for Marriages: Guarantees the stability and recognition of marriages conducted by Arya Samajists.