Keith Mack
Indian culture is a diverse heritage of social norms and technologies that originated in or are associated with the ethno-linguistically diverse nation of India. Indian culture is influenced by a history that is several millennia old, beginning with the Indus Valley Civilization and other early cultural areas. India's languages, religions, dance, music, architecture, food, and customs differ from place to place within the country. Indian culture has been influenced by various ancient texts, such as the Arthashastra, dating from 400 BC, and the Manusmriti, which prescribed laws governing Hindu marriage. India's legal system consists of civil law, common law, customary law, religious law, and corporate law, with legislation first introduced by the British still in effect in modified forms today. Indian laws also adhere to United Nations guidelines on human rights and environmental law. Personal law is complex, with each religion adhering to its own specific laws, except in the state of Goa, which has a uniform civil code. India's diverse culture has influenced and been influenced by various laws throughout its history, reflecting the country's dynamic and multifaceted nature.
| Characteristics | Values |
|---|---|
| Legal system | civil law, common law, customary law, religious law, and corporate law |
| Legal framework | inherited from the colonial era with British legislation still in modified forms |
| Adherence to international laws | United Nations guidelines on human rights law and environmental law |
| Personal law | complex, with each religion adhering to its own specific laws |
| Marriage and divorce laws | registration not compulsory; separate laws for Hindus, Sikhs, Jains, Buddhists, Muslims, Christians, and other religions, except in Goa and Uttarakhand |
| Inheritance laws | males and females treated equally since 1956 |
| Constitutional structure | federal structure with separation of legislative and executive powers between the Federation and States |
| Legislative powers | Parliament of India passes laws binding on all citizens; each State Government drafts its own laws on state subjects |
| Constitutional rights | six fundamental rights, including cultural and educational rights under Articles 29 and 30 |
| Cultural preservation | duty of citizens to preserve heritage through the protection of ancient monuments, archaeological sites, and cultural artifacts |
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What You'll Learn
The Indian Constitution and human rights
The Indian Constitution, which came into effect on 26 January 1950, is the lengthiest written constitution in the world. It prescribes a federal structure of government with a clear separation of legislative and executive powers between the Federation and the States.
The Constitution guarantees the basic rights of Indian citizens as Fundamental Rights. Part III, also referred to as the 'magna carta', contains these Fundamental Rights, which include civil and political rights outlined in the International Covenant on Political and Civil Rights, 1966 (ICCPR). India has signed and ratified the ICCPR, and while some rights outlined in the ICCPR are not in the Indian Constitution, they are considered Fundamental Rights by various judicial pronouncements.
The Indian Constitution also contains Directive Principles of State Policy, which include social and cultural rights outlined in the ICESCR, a multilateral treaty that India ratified in 1979. The judicial interpretations have widened the scope of fundamental rights available in the Indian Constitution.
Articles 29 and 30 of the Indian Constitution outline the cultural and educational rights of Indian citizens. Article 29(1) protects the rights of minority groups with respect to their cultural background, while Article 29(2) protects the rights of individuals.
The Indian legal system consists of civil law, common law, customary law, religious law, and corporate law within the legal framework inherited from the colonial era. Since the drafting of the Indian Constitution, Indian laws also adhere to the United Nations guidelines on human rights law and environmental law.
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Religious law and personal law
India's legal system is a complex mix of civil law, common law, customary law, religious law, and corporate law. The country's legal framework is largely inherited from the colonial era, with British-introduced legislation still in effect, albeit in modified forms. The Indian Constitution, which came into effect on 26 January 1950, is the lengthiest written constitution globally. It enshrines fundamental rights, including freedom of religion, and adheres to UN guidelines on human rights and environmental law.
Religious laws in India are intricate, with each religion following its own specific set of rules. The concept of 'religious personal laws' refers to the religious regulations of various communities that are recognised but not modified by the secular state. These laws exist outside of state regulation and are often referred to as legal pluralism. Religious personal laws have a contentious history in India, with some arguing that they enable the denial of gender equality in family law matters.
Hindu law, for example, has been a subject of debate among legal scholars, particularly regarding its role in colonial India and its transformation into the concept of Religious Personal Laws. The Warren Hastings plan of 1772 was pivotal in this process, preserving the right of Hindus and Muslims to be governed by their religious laws in matters like inheritance, marriage, and caste. This marked the beginning of religious laws being used in courts to resolve disputes related to personal issues.
Personal laws in India are equally complex. The registration of marriages and divorces is not mandatory in most states, and separate laws govern Hindus (including Sikhs, Jains, and Buddhists), Muslims, Christians, and followers of other religions. However, the state of Goa stands out with its uniform civil code, where all religions follow a common law regarding marriages, divorces, and adoptions.
In recent years, there has been a push for reform in personal laws, particularly regarding women's rights. In 2024, the Supreme Court of India banned the Islamic practice of "Triple Talaq," where a husband could divorce his wife by pronouncing the word "Talaq" three times. This landmark judgment was applauded by women's rights activists across the country.
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Marriage customs and rituals
India is a diverse country with a multitude of cultures and religions, and its wedding ceremonies are incredibly rich in traditions and rituals. Indian weddings are known for their vibrant displays of colour, music, dance, and elaborate rituals that can take place over several days. The rituals and processes of a wedding vary depending on the region, religion, local adaptations, family resources, and preferences of the couple.
Pre-Wedding Rituals
The wedding rituals usually start fifteen days before the wedding day. The first ritual is often the Barni Band-hwana, where a piece of thread known as Mauli is tied around the hands of the bride and groom or the groom and their parents. This ritual asks the gods for a safe wedding day and a happy marriage. The maternal uncle of the bride then brings gifts for the mother of the bride and groom, including their dresses for the wedding.
The Sangeet is a pre-wedding celebration where the families of the bride and groom come together to celebrate with music, dance, and food. The bride's family hosts the Sangeet, where the bride, her female family members, and guests get henna applied to their hands. The Mehndi is one of the most popular Hindu wedding rituals. The Haldi/Ubtan/Mayun ceremony is another pre-wedding ritual where turmeric paste is applied to the bride and groom.
Wedding Day Rituals
On the wedding day, the groom traditionally arrives on a horse or elephant, but today, grooms may opt for a fancy car. The groom and his entourage process towards the entrance of the ceremony while the bride, her family, and guests await their arrival. The ceremony begins with Kanyadaan, where the bride's parents give their daughter away to the groom. The couple then joins hands to prepare for the Mangal Phera ritual.
The most important ritual of a Hindu wedding is the Saptapadi, or "seven steps," which represents the legal element of the marriage ceremony. The couple takes seven circuits around the Holy Fire, or Agni, which is considered a witness to the vows they make to each other. Each circuit includes a specific vow to establish a happy relationship and household. After the seventh step, the couple is legally husband and wife. In some cases, the bride and groom's sashes are tied together for this ritual.
Post-Wedding Rituals
The final step includes a series of rites, the first of which is the bride worshipping the ancestors and deities of the husband. She then demonstrates her skills in handling rice to the husband's mother and sisters, who then entwine her hair. Finally, the mother unveils the bride in front of the husband, and in a ceremony called khutta dhog, the bride places the foot of the mother-in-law on her forehead, ending the marriage ceremony.
Other Wedding Customs
Indian weddings are usually large events with at least 100 guests in attendance. The bride and groom's homes are often decorated with colours, flowers, lights, and other decorations. The weddings are also very costly, with some estimates indicating that families spend more than six times their annual income on the wedding, mostly on dowries and the wedding celebration. While the average age of marriage is 23-28 for males and 20-25 for females, arranged marriages continue to be the predominant method for finding a marriage partner in India.
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Food and eating traditions
Indian food culture is incredibly diverse, with a variety of regional and traditional cuisines native to the Indian subcontinent. It is heavily influenced by religion, in particular Hinduism and Islam, as well as cultural choices, traditions, and historical events. The Columbian discovery of the New World brought new vegetables and fruits to India, such as potatoes, tomatoes, chillies, peanuts, and guava, which have become staples in many regions. Indian cuisine has also been influenced by the arrival of the Mughals, the British, and the Portuguese, resulting in a fusion of diverse flavors and regional cuisines.
Indian food is renowned for its wonderful use of herbs and spices, deep-fried snacks, pastries, curries, gravies, sauces, rice dishes, tandoor-cooked meats, vegetable dishes, chutneys, breads, and sweets. The main differences in Indian cuisine are largely divided into South Indian and North Indian cuisine, with many northern regions being predominantly vegetarian. A traditional thali meal reflects the Indian principle of wholeness, offering all six tastes: sweet, salty, sour, bitter, pungent, and astringent. It typically includes small portions of lentils, vegetables, curries, chutneys, rice, and bread.
In Indian culture, food is not just about nourishment but also carries spiritual depth and cultural identity. Before a meal, it is often offered to a Hindu deity, a tradition known as prasad, and is seen as a symbol of gratitude, humility, and purity. Eating with the right hand is considered a sign of respect, and the tradition of eating with the hands is believed to stimulate digestion and heighten flavor. The use of cutlery, such as spoons and forks, is more common among the Anglo-Indian middle class, influenced by Western culture.
Indian festivals and celebrations are incomplete without special traditional dishes, which vary across different states and regions. For example, during festivals in Uttarakhand, people prepare both salty and sweet refreshments, such as bada, pua, and singal. Kerala is known for its Onam Sadya, a 26+ item vegetarian feast. Hindu fasting practices also shape food traditions, with certain foods allowed during fasting periods, such as milk, dairy products, fruits, and specific Western food items.
Indian food traditions are deeply rooted in rituals, family customs, and a respect for ingredients. The way one eats, what one eats, and with whom are all important aspects of understanding Indian social dynamics and relationships. Food is often eaten seasonally and locally, with an emphasis on sustainability.
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Ancient scriptures and their influence
Ancient scriptures played a significant role in shaping the laws and culture of India. Hindu scriptures, in particular, are a vast collection of religious texts that form the foundation of Hindu philosophy, mythology, rituals, and law. These scriptures are believed to be revelations from the gods or the work of creation deities, passed down through oral traditions and later written in manuscripts. The two main categories of Hindu scriptures are Shruti, meaning "that which is heard," and Smriti, meaning "that which is remembered."
The Shruti texts, including the Vedas and Upanishads, are considered the divine word and are the oldest scriptures of Hinduism. The Vedas, consisting of four parts (Rig Veda, Sama Veda, Yajur Veda, and Atharva Veda), contain hymns, songs, rituals, and philosophical concepts central to Hinduism, such as Brahman (Ultimate Reality) and Atman (Soul or Self). The Upanishads, also known as Vedānta, are considered the philosophical foundation of Hinduism, focusing on spiritual concepts like Dharma, Karma, and Moksha. These texts are believed to be timeless revelations, existing beyond human authorship, and form the basis of Hindu spiritual and cultural traditions.
The Smriti texts, on the other hand, are considered derivative works attributed to human authors. They include the Hindu epics Ramayana and Mahabharata, the Sutras and Shastras, and various literary and philosophical works. While Smriti texts are considered less authoritative, they play a crucial role in conveying complex philosophical and moral truths through compelling narratives. The Ramayana, for instance, illustrates the concept of Dharma through the life of Lord Rama, while the Mahabharata contains the Bhagavad Gita, a concise guide to Hindu philosophy.
The influence of these ancient scriptures on Indian culture and law is profound. The Arthashastra (c. 400 BCE) and the Manusmriti (c. 100 AD) were influential treatises, providing authoritative legal guidance and shaping the legal theory and practice of ancient India. Additionally, the Dharmaśāstras, or texts on dharma (duty or law), played a significant role in the legal traditions of the pre-British era. The current Indian legal system, while largely derived from British colonial laws, still recognises the importance of personal laws for each religion, with separate laws governing Hindus, Muslims, Christians, and other religious groups, reflecting the diverse nature of Indian society and its respect for religious traditions.
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Frequently asked questions
Marriages in India are governed by religious laws. For example, Hindu, Sikh, Jain, and Buddhist marriages are governed by separate laws from Muslim, Christian, and other religious groups. There are also cultural rituals common in Hindu weddings, such as Kanyadaan (gifting away of the daughter by the father), Panigrahana (voluntarily holding hands near the fire), and Saptapadi (taking seven circles around the fire with each circle including a set of mutual vows). Dowries are also common, traditionally considered a woman's share of the family wealth as daughters had no legal claim on their family's real estate.
India has a low divorce rate of 1% compared to 40% in the US. However, in 2024, the Supreme Court of India banned the Islamic practice of "Triple Talaq," where a husband could divorce his wife by pronouncing the word "Talaq" three times.
Since 1956, Indian laws have treated males and females as equal in matters of inheritance without a legal will. However, historically, family estates were inherited by male descendants, and women's inheritance was in the form of a dowry.
There are no federal laws regarding food and diet in India. However, some states have enacted laws prohibiting or restricting cow slaughter and the consumption of beef due to cultural and religious beliefs, while other states allow it with a fit-for-slaughter certificate.
The Indian Constitution safeguards citizens' rights to preserve their language, script, or culture under Article 29. It also guarantees minority communities' rights to establish and manage their institutions and protects against government discrimination under Article 30.
