'Aata-Satta' Marriages Morally & Legally Bankrupt, Girl Child Made Bargaining Instrument : Rajasthan High Court

While hearing petition against a dismissed divorce application, Rajasthan High Court made certain observations about the prevalent practice of “Aata Saata” marriage, and opined that in a constitutional democracy, such practices deserved unequivocal social and legal repudiation. The division bench of Justice Arun Monga and Justice Sunil Beniwal held that aata-satta involving a minor was not a benign cultural practice, but it commodified children, suppressed consent, entrenched patriarchy and gave way to future conflict. “Communities cannot invoke custom to override statute. No social practice can legitimize what the law prohibits and condemns.”For context, the aata-satta marriage is a traditional reciprocal marriage system where during one family marriage, the future marriage of younger children, usually a girl, is informally fixed between the same families, and the arrangement is later turned into an actual marriage once the girl reaches legal age. While underscoring the prohibition of child marriages in India, the Court stated that when marriages were arranged as a reciprocal exchange between families, involving minors, custom became an oppressive social mechanism where children, particularly girls, were used a matrimonial barter and bargaining instruments between families. “Any custom that requires a girl to marry because another marriage occurred is per se morally bankrupt. Much worse is the practice that binds a minor to such an arrangement. Such a custom is completely indefensible. Dressing exploitation in cultural language does not sanitize it.A girl child is not consideration in a reciprocal bargain. A daughter is not security for another son's marriage. Consent given on attaining majority, after coercive childhood conditioning, is not be a free consent.”Strongly denouncing the practice, the Court held :"To sum up, atta-satta involving a minor is not a benign cultural practice. It commodifies children, suppresses consent, entrenches patriarchy, and breeds future conflict. The right of refusal of a minor, on attaining majority, to accept such a marriage is not enough. The problem is the system that presumes that a child could be bound in the first place. 'Atta Satta' involving a minor is a system of gender coercion, child-rights violation, and familial extortion disguised as custom. In a constitutional democracy governed by Rule of law, such practices deserve unequivocal social and legal repudiation."The Court was hearing an appeal filed against the order of the Family Court wherein the divorce application filed by the appellant was dismissed. The appellant had contended cruelty, harassment, continuous dowry demands, forcible ousting from the matrimonial house, and resulting impossibility to cohabit with the respondent, as the grounds for claiming divorce. On the contrary, while denying all the allegations, the respondent revealed that they had performed an aata-satta marriage, wherein at the time of their marriage, the marriage of the respondent's sister was also fixed to the appellant's brother. The respondent revealed that the dispute arose between the families when the respondent's sister, on attaining majority, refused to continue her marital relationship with the appellant's brother. It was argued that aggrieved by this, the appellant had abandoned him voluntarily as a retaliatory measure. After hearing the contentions, the Court highlighted that the breakdown of the aata-satta marriage between their siblings could not be said to the sole reason behind the action taken by the appellant. It was held that the appellant was able to prove the fact of matrimonial cruelty that she had endured at her matrimonial home for years. Accordingly, the Court allowed the divorce. The Court frowned upon the custom of aata-satta and taking the present matter into consideration stated that, “A girl child, lacking maturity and legal capacity, was thus tied to a marital bond not because of her free will, but because adults around her chose to settle family arrangements about her life. This fact alone is enough to reveal the moral and legal bankruptcy of the practice…We may though like to observe that as it turns out, it is mostly girls, are seen as transferable obligations rather than rights-bearing individuals.”It was further opined that what was more tragic about this practice was that instead of each marriage standing on its own footing, the fate of both the marriages were tied to one another. If one marriage broke down, retaliation followed in other household as well. The Court held that such structure was fundamentally unjust. Title: Kiran Bishnoi v Sunil Kumar Citation: 2026 LiveLaw (Raj) 187Click Here To Read/Download Order

'Aata-Satta' Marriages Morally & Legally Bankrupt, Girl Child Made Bargaining Instrument : Rajasthan High Court

Nupur Agrawal

The Court noted that the practice commodified children, entrenched patriarchy, and tied a girl child to a marriage in future suppressing her consent.

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'Aata-Satta' Marriages Morally & Legally Bankrupt, Girl Child Made Bargaining Instrument : Rajasthan High Court

Nupur Agrawal

The Court noted that the practice commodified children, entrenched patriarchy, and tied a girl child to a marriage in future suppressing her consent.

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

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This is a premium content
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