Love Marriages, Inter-Caste Violence, and Therapeutic Jurisprudential Approach of the Courts in India

Abstract

India is a country of multiple religion, castes, and linguistic groups. The Indian constitution guarantees for equal treatment of laws irrespective of religion, caste, creed etc. Similarly, the modern marriage laws provide opportunity to marry inter-caste or inter religion. In modern India there is a huge growth of inter-religious, inter-caste, cross cultural love marriages, however, many societies in different parts of India are still reluctant to accept such mixed marriages. Couples of such mixed marriages may suffer various sorts of victimization including violent assaults. Children of such mixed marriages may also suffer social ostracism. Also, due to social attitude, such mixed marriages may miserably fail. This chapter aims to find out whether courts in India have Therapeutic Jurisprudential role in saving such marriages and how the implementation of such TJ approach may be made possible.

Keywords: Therapeutic Jurisprudence, love marriages, right to love