S. Prince Ennares Periyar
It has been about 100 years since Self-Respect marriages started taking place. Thousands of marriages were conducted by Thanthai Periyar EVR and the Self-Respect movement. Interestingly whenever the judgment refers to the Self-Respect Movement, instead of ‘movement’ it refers to it as a ‘cult’ (‘Suyamariyathai’ cult or the self-respecter’s cult).But they did not realize then that it was an alternative culture against the inhuman religion, and failed to foresee that it was becoming common to humankind.
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Although the Supreme Court in 1953 noted “It may be a laudable object to simplify the procedure applicable to marriages. There is no authority of any kind to support, the extreme contention that a mere agreement followed by a declaration and living together as husband and wife with the exchange of garlands and rings are sufficient to constitute a valid marriage under Hindu law” and ruled that self-respect marriages are not legally valid.
Although several attempts were made in between with good intentions and some half-hearted ones, it was only 14 years after that judgment that self-respect marriage became legal due to the diligent efforts of Arignar Anna. In the Hindu Marriage Act 1955 an amendment was made at Tamil Nadu level to add section 7A.; Simple rules were laid down as to what the basic should be. It has been mentioned that it is enough for two people to take oath without making it compulsory to exchange garlands, wear rings or tie tali.
But Periyar followers and Dravidian cadres performed thousands of self-respect marriages between the period of invalidity and legality, without worrying about any judgment.
Exactly 70 years later, in the last week of August 2023, the Supreme Court of India pronounced a judgment on self-respect marriage.
In “Ilavarasan v. Superintendent of Police” Madras High Court rejected Ilavarasan’s habeas corpus petition to present his wife before the court in May 2023. The court also rejected Ilavarasan’s self-respect marriage certificate, citing a 2014 ruling, on the grounds that it was conducted in the presence of advocates and was held in secret. Then he moved the apex court. Now the Madras High Court’s 2014 decision that marriages performed by advocates were invalid and that self-respect marriages cannot be done in secret has been rejected by a bench of Justices S. Ravindra Bhat and Aravind Kumar.
The Madras High Court’s ruling in 2014 also referred to Periyar with due respect and pointed out that he conducted self-respect marriages in front of many in public and confirmed that self-respect marriages would go ahead. But it can be assumed that it did not fully understand Periyar’s opinion that only the consent and agreement of both the bride and the groom is sufficient for a marriage.
Now the Supreme Court has clarified that attorneys are permitted to perform self-respect marriages in their individual position as friends or relatives of the couple. Additionally, the court stated that self-respect marriages do not require a public announcement or solemnization.
Asiriyar K. Veeramani, President, Dravidar Kazhagam has welcomed the Supreme Court’s recent decision by highlighting exactly what Thanthai Periyar said as follows: “Victory may be delayed; But my policy will never fail,” This also highlights the universal truth that – “Social justice may be delayed, but can never be denied.”
