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Paishacha marriage - When a man by stealth seduces a girl who is sleeping, intoxicated, or mentally challenged, it is called Paishacha marriage. This is condemned in the Manusmriti as a sinful act. In modern times this is called Date Rape and is a crime in most civilized lands.
When a man kidnap or takes away a woman and have Sexual intercourse with her during her sleep, or while she is drunken or intoxicated or unconscious or mentally challenged, it is called Paishacha marriage. Out of eight types of marriages defined in Hinduism, as specifically mentioned in Manu Smriti, namely Brahma, Daiva, Arsha, Prajapatya, Asura, Gandharva, Rakshasa, and Paishacha this is wickedest and worst form of marriage.
This type of marriage has been condemned and forbidden for all of the four varnas of the Hindu social order in Hinduism, namely Brahmin, Kshatriya, Vaishyas and Shudra. Children born out of such a marriage does not become the Rightful Heir as the marriage itself has been considered as unlawful.
Paishacha marriage is the eighth and last type of Hindu marriage. It is considered as the most inferior type of marriage. In this type, the girl's wish is not considered whether she wants to marry or not instead she is forced to marry and even the bride's family is not given anything in cash or kind. She is seized against her wish. And the marriage is done against the wish of the girl and her family. Men would marry a woman, whom he had seduced while she was asleep, intoxicated or insane. This kind of marriage was later prohibited.
This was the worst form of all types of marriages. In this, the bride was abducted, but not in a fair fight with her tribe. She was molested or stolen, when she and her relatives were asleep, or in a state of intoxication during a tribal festival. This form is universally condemned. The inclusion of this form of marriage in Hindu Sutras can only be justified on the ground that it was so prevalent among the primitive tribes that the Sutras could not have avoided its inclusion. By recognition of this form, the only advantage was that the children could be regarded as legitimate.
According to Kautilya, "Of these eight forms of marriage, only the first four (Brahma, Daiva, Arsha and Prajapatya) are ancestral customs of old and are valid on their being approved by the father. The rest, for it is that they receive money, the money paid by the bridegroom for their daughter. In case of absence by death of either the father or the mother, the survivor will receive the money. If both of them are dead, the maiden herself shall receive it. Any kind of marriage is approvable, provided it pleases all those that are concerned with it." And these forms of marriages are valid, only if they have been approved by the father in a lonely place if a girl is met while sleeping or she is mad etc., and someone outrages her modesty. It is also not admitted by learned persons and is not religious.
Marriage is the basis of all disputes. The giving in marriage of a virgin well-adorned is called "Brahma-marriage." The joint performance of sacred duties by a man and a woman is known as "prajapatya-marriage." The giving in marriage of a virgin for a couple of cows is called "Arsha-marriage." The giving in marriage of a virgin to an officiating priest in a sacrifice is called "Daiva-marriage." The voluntary union of a virgin with her lover is called "Gandharva-marriage." Giving a virgin after receiving plenty of wealth is termed "Asura-marriage." The abduction of a virgin is called "Rakshasa-marriage." The abduction of a virgin while she is still asleep and intoxicated is called "Paisacha-marriage." Of these, the first four are ancestral customs of old and are valid on their being approved of by the father. The rest are to be sanctioned by both the father and the mother; for it is they that receive the money paid by the bridegroom for their daughter.
So looking at all the eight types of marriages, it can be said that there are two extreme at two ends. It is true that there cannot be same and uniform rule for everybody. The Hindu shastras has divided each type according to the social structure and system.
The Hindu marriage is based upon the extinction of the dominion of the father over his daughter and the creation of the relationship of husband and wife by a religious function. The religious ceremony is essential for all forms of marriage. The mode of extinction of the dominion of the father differs in the various forms of marriage. Prior to the enactment of the Hindu Marriage Act, there were eight forms of marriage, four approved and four unapproved.
It is the worst form of marriage among the Hindus. When the lover secretly embraces the damsel, either sleeping of flushed with strong liqueur, or disordered in her intellect, that sinful marriage, called paishacha is the eighth and the lowest form. This form of marriage is a punishable offence under the I.P.C. as rape as the principle of law holds that a culprit should not be allowed to be benefited for any wrong-doings caused by him.
In both Rakshasa and Paisacha, there is a subsequent marriage with sacred texts and it is the original mode of securing the maiden that stamps these marriages as 'unapproved'. The difference between the 'Paishacha' and the 'Rakshasa' forms of marriage lies in the fact that whereas in Rakshasa form there is the scope of display of bravery and force at the same time, in the Paishacha form the maiden is taken by deception and fraud. The dominion of the father is completely undermined in the 'Gandharva', 'Paishacha' and 'Rakshasa' forms of marriage.
The Hindu Marriage Act, 1955 has not prescribed any particular form of marriage. It simply lays down the conditions for a valid marriage. The Act calls marriages solemnized under the Act as Hindu marriages which may be performed in accordance with the customary ceremonies prevalent in the community to which, the bride belongs. In the present Indian scenario, considering the socio-legal point of view, three forms of Hindu marriage appear to be existent. These are the Brahma, Asura and Gandharva forms of marriage. The higher caste Hindus solemnize the Brahma form of marriage in the most cultured form. The Asura form of marriage is commonly practised among the lower castes and the Gandharva marriage is gaining momentum among the modern youths in the form of love marriage.
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