India brothers marry same woman in ancient custom defying legal ban, and sparking criticism


In a rare public ceremony, Sunita Chauhan married two brothers, Pradeep (left) and Kapil Negi in Himachal Pradesh earlier this month. - Photo: Handout

SHIMLA, (India): A pair of brothers in rural India have married the same woman, upholding an ancient custom and sparking criticism from a women's rights group after photos of the wedding went viral.

Polyandry is banned in India but is legal in some of the tribal pockets, including Himalayan territories, allowing preservation of some ancient traditions.

The grooms, Pradeep and Kapil Negi, married Sunita Chauhan in a three-day wedding witnessed by hundreds of villagers and relatives on July 12 in the Himalayan state of Himachal Pradesh.

During the ceremony, the trio from the Hatti tribe circled a fire considered sacred as villagers sang folksongs.

"We followed the tradition publicly as we are proud of it and it was a joint decision," Pradeep said, according to the Press Trust of India news agency.

His brother Kapil added: "We're ensuring support, stability and love for our wife as a united family."

One of the brothers is a government employee and the other works overseas.

The bride, Sunita, mentioned that it was her decision, albeit a mutual one, to marry Pradeep and Kapil. She shared that she was not at all pressured, and actually, she has faith in the bond they formed. Sunita could be quoted as saying:

“This was my choice. I was never pressured. I know this tradition, and I chose it willingly. We’ve made this commitment together, and I believe in the bond we’ve formed.”

Under the custom, the wife shifts between brothers on a mutually agreed schedule and the family raises the children together. The eldest brother is named the legal father.

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The All India Democratic Women's Association (AIDWA), a women's rights group, condemned the wedding.

"Such acts of women's exploitation... go against the fundamental rights of a woman," AIDWA general secretary Mariam Dhawale told local media.

Around 300,000 members of the Hatti tribe live in small villages in the remote Sirmaur district of Himachal Pradesh.

Local lawmaker Harshwardhan Singh Chauhan defended the practice, saying polyandry has long been a tradition of the Sirmaur people.

"We have a customary law to protect polyandry," he told reporters, after photos of the marriage went viral on social media.

A local Hatti leader justified the custom by citing the ancient Indian epic Mahabharata, in which the character Draupadi married five brothers.

According to Kundan Singh Shastri, general secretary of the Kendriya Hatti Samiti, the polyandry system helped prevent the division of ancestral land among multiple heirs.

“This tradition was invented thousands of years ago to save a family's agricultural land from further division,” PTI quoted him as saying.

Shastri explained that beyond preserving land, polyandry fosters unity among brothers and preserves the joint family system, which is vital in remote hilly terrains.

“If you have a bigger family, more men, you are more secure in a tribal society,” he said, adding that the tradition helps manage scattered agricultural lands requiring long-term collective care.

He also noted that Jajda encourages brotherhood and mutual understanding, especially when brothers from different mothers marry the same woman. Economic needs and the demands of farming in far-flung areas have translated into this socio-cultural practice.

How is the wedding performed?

The wedding, called Jajda, begins with the bride’s procession to the groom’s village. A ritual named Seenj is performed at the groom’s residence, where a priest chants mantras in the local dialect and sprinkles holy water.

The ceremony ends with the couple being offered jaggery and blessings from the Kul Devta (family deity), symbolising a sweet and harmonious life ahead.

Despite its historical and cultural significance, polyandry is declining due to rising literacy, changing socio-economic conditions, and evolving gender roles. Many communities now solemnise such marriages discreetly.

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Is it legal?

The custom is recognised under Himachal Pradesh’s revenue laws. The Hattis are governed by the Hindu Marriage Act and for official purposes. However, there are provisions in Indian laws to protect the customs and traditions of other tribal communities.

In an interview with IndiaToday.in last year, Kundan Singh Shastri, general secretary of Hatti Central Committee, said 'Jodidaran' will die a slow death as more villagers become educated and shift to cities for jobs.

Reacting to the recent polyandry in Sirmaur district, Ransingh Chauhan, a lawyer, said the practice has been prevalent in the region for decades and stressed it was legally recognised by the Himachal Pradesh High Court under the 'Jodidar Law'.

"Hundreds of marriages happen through polyandry and other age-old traditions. Media highlighted the marriage in Shillai prominently and they should not be astonished as this is a regular phenomenon. The practice is being done to ensure that families stay united and lands are not divided among themselves," Chauhan, a legal advisor for the Central Hatti Committee, told India Today's TV sister channel, Aaj Tak.

Who are the Hattis?

Hatti, a close-knit community located on the Himachal Pradesh-Uttarakhand border, was officially recognised as a Scheduled Tribe three years ago. Polyandry was a longstanding custom within this tribe for centuries. However, due to increasing literacy among women and the economic development of communities in the region, reports of polyandrous marriages have become rare.

Village elders noted that such marriages still occur, but they are conducted discreetly and socially accepted, although these instances are fewer in number. Experts explain that a primary reason behind this tradition was to prevent the division of ancestral land. Despite this, the issue of tribal women’s share in ancestral property remains a significant concern.

The Hatti community consists of nearly 300,000 people residing across approximately 450 villages in the Trans Giri area of Sirmaur district. Polyandry continues to be practiced in some of these villages. The tradition was also common in Jaunsar Babar, a tribal region in Uttarakhand, as well as in Kinnaur, a tribal district in Himachal Pradesh. - AFP, Agencies

 

 

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