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India Today
2 hours ago
- Politics
- India Today
Polyandry back in spotlight after brothers marry woman in Himachal: What law says
A recent wedding in Himachal Pradesh's Shillai village has brought the ancient tradition of polyandry back into public ceremony, where Sunita Chauhan married two brothers—Pradeep and Kapil Negi—was held with full community participation, highlighting this practice among the Hatti the event was celebrated openly, it has raised important legal questions: Is polyandry legal in India? Can this marriage stand legal scrutiny?advertisement Is polyandry legally recognised? As far as the law is concerned, polyandry is not legally recognised in India. Under the Hindu Marriage Act, 1955 — which governs marriages among Hindus — a valid marriage must be 5 of the Act stipulates that "neither party has a spouse living at the time of the marriage." This makes bigamy or polyandry (having multiple husbands) legally fact, bigamy is punishable under Section 82 of the Bharatiya Nyaya Sanhita (BNS), which criminalises marrying again during the lifetime of a spouse without legal the Special Marriage Act, a person cannot have more than one living spouse at the time of Act states that at the time of the marriage, neither party has a spouse living, which means that if either person is already married to someone who is still alive, the new marriage is void under the it is important to note that the Hindu Marriage Act does not apply to the members of any Scheduled Tribe, unless the Central Government, by notification in the Official Gazette, otherwise the Constitution, "Scheduled Tribes" refers to such tribes or tribal communities, or parts or groups within them, as are deemed under Article 342 to be Scheduled Tribes for the purposes of this far as cases like the present one are concerned, Indian personal law does allow for customary practices to be taken into account, especially in tribal 13 of the Evidence Act provides for facts which are relevant when right or custom is in question, which basically allows parties to present evidence to establish customs, when those customs are legally in judicial interpretation its also been evolved by courts that customs have to pass certain tests, including whether they are ancient, certain, reasonable, not opposed to public policy, morality, judicial interpretation, it has also been established by the courts that customs must pass certain tests — including whether they are ancient, certain, reasonable, and not opposed to public policy or to India Today TV, Advocate Rajat Nair said that under the law, these marriages would be void but someone has to challenge it. If there is consensus and immediate family members have no problem and no one approaches the court, occasion to seek this marriage as void will not said that under law, marriage would be recognised only with one person, and person can't be married to two persons at same agreed that these cases may fall under the grey area as these practices persist as customary tradition in certain areas and amongst some tribal communities, adding that courts have repeatedly emphasised that monogamy is the only valid form of marriage under the actOn the other hand, Advocate Ibad Mushtaq said that as far as practices of Scheduled Tribes are concerned, the same are not governed by the Hindu Marriage Act. Thus, no disability attaches to the customary practices of STs. The marriage would therefore be Tarini Nayak said that the Hindu Marriage Act, 1955 does carve out certain exceptions in favour of certain customary practices, thereby allowing for the possibility of multiple marriages if sanctioned by a potential loophole exists within Section 5 of the Act, which stipulates that at the time of the solemnization of marriage, neither party should have a spouse wording arguably implies that if a person marries two persons simultaneously—without either party being or having a 'spouse' in a legal sense at that precise moment—such a union may technically fall outside the ambit of a void marriage, thus creating an interpretative gap in the statutory scheme.- Ends
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First Post
4 hours ago
- Entertainment
- First Post
2 Himachal brothers marry same woman: What is polyandry? Is it legal?
Two brothers in Himachal Pradesh, Pradeep and Kapil Negi, have tied the knot with Sunita Chauhan in a ceremony attended by hundreds of relatives and villagers. The men, belonging to the Hatti tribe, carried the centuries-old tradition of polyandry in the Shillai village of the Sirmaur district. The trio say the union is consensual. But is the practice legal in India? read more A woman in Himachal Pradesh has married two brothers of the Hatti tribe. Sunita Chauhan has tied the knot with Pradeep and Kapil Negi of the Shillai village in the Sirmaur district. Celebrating the centuries-old tradition of polyandry, the two brothers and the woman publicly held the nuptials. The trio say they have willingly entered the alliance. Let's take a closer look. What is polyandry? Polyandry refers to the practice of having more than one husband at a time. The custom, known as 'Jodidara' in Himachal Pradesh, is followed by the Hattis and some other communities in the lower Himalayas. The practice is also called 'Draupadi Pratha' after the Mahabharat's Draupadi, who married five brothers – the Pandavas. STORY CONTINUES BELOW THIS AD Besides villages in the Trans Giri area, the tradition is prevalent in Jaunsar Babar, a tribal area of Uttarakhand and Kinnaur, a tribal district in HP. Two brothers marry same woman in Himachal The wedding of two brothers with the same woman in Himachal Pradesh's Trans-Giri area of Sirmaur district has caught national attention. While it is not an unusual affair for the locals, the custom of polyandry among the Hatti tribe has surprised many across the country. Grooms Pradeep Negi and Kapil Negi of Shillai village married their bride, Sunita Chauhan, a woman from the nearby Kunhat village, in a ceremony that kicked off on July 12 and lasted for three days in the Trans-Giri area, as per a PTI report. Videos from the ceremony, being celebrated with local folk songs and dances, have gone viral on social media. Hundreds of villagers and relatives from nearby regions were part of the celebrations. Pradeep works for the Jal Shakti Department, while his younger brother, Kapil, is employed abroad in the hospitality sector. 'This was our joint decision, it's a matter of trust, care and shared responsibility. We followed our tradition openly because we're proud of our roots,' Pradeep told The Tribune. VIDEO | Himachal Pradesh: Two brothers of the Hatti tribe tied the knot to a woman in Shillai village, with hundreds of people witnessing the marriage solemnised under the anachronistic tradition of polyandry. The ceremony began on July 12 and lasted for three days in the… — Press Trust of India (@PTI_News) July 21, 2025 STORY CONTINUES BELOW THIS AD 'We've always believed in transparency. I may live abroad, but through this marriage, we're ensuring support, stability and love for our wife as a united family,' Kapil said. Sunita said she was aware of the tradition and decided to marry the brothers without any pressure. 'This was my choice. I was never pressured. I know this tradition, and I chose it willingly. We have made this commitment together, and I believe in the bond we have formed,' she was quoted as saying by the newspaper. How common is polyandry in Himachal? The Hatti community, present in the Himachal Pradesh-Uttarakhand border, has been practising polyandry for centuries. It was declared a Scheduled Tribe three years ago. Almost three lakh people belonging to the Hatti community live in about 450 villages in the Trans-Giri area of Sirmaur district. Five cases of polyandry have been reported in Badhana village in Trans-Giri over the past six years, reported PTI. STORY CONTINUES BELOW THIS AD Experts say the tradition of polyandry started as a bid to avoid the division of ancestral land, to ensure no woman remained widowed and to maintain unity in families. Sometimes, women are 'expected' to take the brother of the man they married as their husband due to a lack of resources. A woman in Jamna village of Sirmaur was told by her husband to tie the knot with his brother when he grew of age. The woman told India Today she used to pack her brother-in-law's lunch when he was in school. She said there was abject poverty when she first came to her marital home 25 years ago. 'There was just one woollen sweater and one pair of slippers. So, my mother-in-law and I shared them. When a sweater and a pair of slippers were being shared, I obviously had to be shared,' the woman, now in her 40s, said. ALSO READ: What is solo polyamory? How is it different from traditional polyamory? STORY CONTINUES BELOW THIS AD Are such marriages legal? Indian law does not permit polyandry. However, it allows for the protection of the customs and traditions of its many tribes. The Hatti community is governed by the Hindu Marriage Act. As per NDTV, the Himachal Pradesh High Court has protected the custom of polyandry among the tribe under 'Jodidar Law'. Children born out of these 'joint-marriages' are adopted under Wajib-ul-Arz, a record of customs and traditions within a village, which gives sanctity to"Jodidaran Prata". 'The name of the father gets into panchayat records through Wajib-ul-Arz, and that works for all official purposes,' Kundan Singh Shastri, general secretary of the Central Hatti Committee, told India Today last year. With inputs from agencies
Time of India
6 hours ago
- Business
- Time of India
'We're proud of It': Himachal brothers marry same woman under age-old Hatti tradition
India's vibrant cultural diversity is globally admired, with every state cherishing traditions rooted deeply in heritage, belief, and history. One such tradition recently made headlines from Himachal Pradesh, where a rare marital custom gained widespread notice. In Shillai village of the state's Sirmaur district, a traditional three-day wedding ceremony turned heads as two brothers from the tribal Hatti community tied the knot with the same woman — an age-old custom still observed by a few. Explore courses from Top Institutes in Select a Course Category PGDM Digital Marketing CXO Public Policy Product Management Cybersecurity others Artificial Intelligence Design Thinking MBA Project Management MCA Data Analytics Data Science Operations Management Degree Technology Others Leadership Healthcare healthcare Finance Data Science Management Skills you'll gain: Financial Analysis & Decision Making Quantitative & Analytical Skills Organizational Management & Leadership Innovation & Entrepreneurship Duration: 24 Months IMI Delhi Post Graduate Diploma in Management (Online) Starts on Sep 1, 2024 Get Details What happened? Pradeep and Kapil Negi, both belonging to the Hatti tribe, married Sunita Chauhan from Kunhat village in a polyandrous ceremony. The marriage, steeped in tribal rituals and cultural symbolism, lasted three days and included vibrant folk performances and community participation. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Elin Nordegren Show Off Her Huge Size In New Vacation Photos 33 Bridges Undo The couple emphasized that the union was completely consensual. 'We followed the tradition publicly as we are proud of it and it was a joint decision,' said Pradeep. Kapil further added, 'We're ensuring support, stability and love for our wife as a united family… We've always believed in transparency.' Sunita, too, affirmed her choice, stating, 'She was aware of the Hatti custom locally called 'Jodidara' or 'Jajda' and became a part of the union willingly, respecting the bond they had formed.' Understanding the tradition The tradition of polyandry in the Hatti community stems from practical and social needs. Historically, it helped prevent the division of family-owned farmland and maintained family cohesion, especially in the challenging, mountainous terrain of Himachal. As Kundan Singh Shastri, general secretary of the Kendriya Hatti Samiti, explained, 'If you have a bigger family, more men, you are more secure in a tribal society.' Live Events While such customs are rarely practiced today, they are still legally recognized in Himachal Pradesh under revenue laws by the name 'Jodidara.' This culturally significant event reflects how traditional customs continue to shape rural communities, offering insight into the enduring role of heritage in people's lives — even as modern society evolves. [With TOI inputs]
Time of India
16 hours ago
- General
- Time of India
2 brothers, 1 bride: Hatti youth revive polyandry in HP
Pradeep (left) and Kapil Negi (right) with their bride, Sunita Chauhan (centre) KULLU: A woman has married two brothers in the remote trans-Giri region of Himachal Pradesh's Sirmaur district, drawing cheers from the local Hatti tribe for upholding their traditional ways. Pradeep and Kapil Negi, brothers from Shillai village, wed Sunita Chauhan of Kunhat village in a three-day ceremony that ended on July 14. The trio shared the wedding stage, danced to traditional folk music, and received blessings from village elders as hundreds of relatives and locals looked on - in a rare public affirmation of the ancient custom of polyandry. Pradeep works with Jal Shakti department. Kapil is employed in the hospitality sector overseas. Sunita is a trained technician from an industrial training institute (ITI). "This is not just a marriage - it's a moment of pride," said Hira Singh, a relative of the grooms. "Our educated youth have shown the courage to embrace what many keep secret. They've set an example." Polyandry remains a socially accepted practice among the Hatti community, which numbers about 300,000 in Sirmaur and is spread across five tehsils and 154 panchayats, including Shillai, Sangrah, Kamrau, Rajgarh, and Nohradhar. Amichand Kamal, president of Kendriya Haati Samiti said, "Polyandry was the norm in tribal societies as it protected land holdings and avoided widowhood. A woman has more freedom-she can choose her husbands and leave them without stigma."What made this wedding stand out wasn't the custom - but its visibility. "Polyandry may seem primitive to outsiders, but it's legal in our context. Usually these marriages happen quietly," Kamal said. "But this one was public. That makes it powerful." The tradition was once widespread across tribal belts like Lahaul-Spiti and Kinnaur. But as nuclear families grew and youth migrated toward city jobs, the practice withered. "It has nearly vanished in Lahaul-Spiti and Kinnaur," said Shamsher Singh, a research scholar on folk art from Lahaul-Spiti. "But in trans-Giri and Jaunsar-Bawar of Uttarakhand, it survives, largely because of the Mahabharata's cultural imprint." Many Hattis believe they descend from the Kauravas or Pandavas. "That belief still echoes in our valleys," Singh said. That belief is more than a custom - it's a legacy. Once in a while, that legacy walks down the aisle to a folk tune.
Time of India
21 hours ago
- General
- Time of India
Two brothers marry the same woman in Himachal: What is the age old custom of Hatti?
India is well known across the world for its diverse cultures and traditions, where each state has cultures woven deep into the fabric of time, belief, history, and rich legacy. Following the same traditions in Himachal Pradesh, a recent marriage in Shillai village of the state has caught national attention. In a culturally rich three-day ceremony, two brothers from a specific tribe married the same woman, following an age-old custom. Surprisingly, the decision was openly embraced rather than hidden, inviting us to know how impactfully a cultural practice can shape community values and family life in the remote regions. What exactly happened? Recently, two brothers from Himachal Pradesh's Hatti tribe, named Pradeep and Kapil Negi, married the same woman, Sunita Chauhan of Kunhat village, by a culturally important polyandrous ceremony. The three-day event was held in Shillai village of Sirmaur district and saw hundreds of villagers participate along with performances of folk songs, traditional dances, and local rituals, as per local reports. According to reports from PTI, the couple stressed that the decision was mutual and made without external pressure. 'We followed the tradition publicly as we are proud of it and it was a joint decision,' Pradeep shared, while Kapil added, 'We're ensuring support, stability and love for our wife as a united family… We've always believed in transparency'. Sunita also said that her participation was voluntary. She said she was aware of the Hatti custom locally called 'Jodidara' or 'Jajda' and became a part of the union willingly, respecting the bond they had formed. What is this tradition all about? Polyandry in the Hatti community arose to prevent division of ancestral farmland, maintain family unity, and ensure joint responsibility in remote, agrarian settings. As Kundan Singh Shastri, general secretary of the Kendriya Hatti Samiti, explained, this tradition allowed for stronger security and unity among brothers working scattered plots in the mountainous terrain, 'If you have a bigger family, more men, you are more secure in a tribal society'. Although this practice remains rare today, it remains legally recognised under Himachal Pradesh's revenue laws as 'Jodidara.' Is polygamy legal in India? Although polyandry is not legally sanctioned under the Hindu Marriage Act, customary exceptions are allowed for certain tribal communities. The Hatti people were granted Scheduled Tribe status in 2022, providing limited legal protection for such customs.
