Editing Gotra (section)

==Marriages and gotras==
Marriages within the gotra (''sagotra'' marriages) are not permitted under the rule of [[exogamy]] in the traditional matrimonial system. The compound word ''sagotra'' is a union of the words "sa" and "gotra", where "sa" means same or similar. It is common practice in preparation for [[Hinduism|Hindu]] marriage to inquire about the kula-gotra (clan lineage) of the bride and groom before approving the marriage. People within the gotra are considered as [[siblings]] and marrying such a person can lead to higher chances for the child to get genetically transferred diseases. In almost all Hindu families, marriage within the same gotra is not practiced (since they are believed to be descended from the same lineage). Marriages between different gotras are encouraged; marriage within the same gotra started to happen later.

For example, [[Jats]], [[Gurjar|Gurjars]], and [[Rajputs]] have 13,000 Gotras. And [[Mudiraju|Mudirajas]] of [[Andhra Pradesh]] and [[Tamil Nadu]] have 2,600 Gotras. Gotra is always passed on from father to children among most Hindu communities. However, among the [[Tulu people]] it is passed on from mother to child.

The [[tatsama]] words ''sahodara'' (brother) and ''sahodari'' (sister) derive their roots from the Sanskrit word ''sahara'' (सहर) meaning co-uterine or born of the same womb. In communities where gotra membership passed from father to children, marriages were allowed between a woman and her maternal uncle,<ref>{{cite web |last=Sadagopan |first=V. |date=August 7, 1995 |title=The 20 Gothrams |url=https://ramanuja.org/sri/BhaktiListArchives/Article?p=aug95%2F0027.html |url-status= |archive-url= |archive-date= |access-date= |work=ramanuja.org}}</ref> while such marriages were forbidden in [[matrilineal]] communities, like  [[Tuluva]]s, where gotra membership was passed down from the mother.

A much more common characteristic of [[South India|South Indian]] Hindu society is permission for marriage between [[cross-cousin]]s (children of brother and sister, first cousins) as they are of different gotras. Thus, a man is allowed to marry his maternal uncle's daughter or his paternal aunt's daughter but is not allowed to marry his paternal uncle's daughter. She would be considered a [[parallel cousin]], of the same gotra, and therefore to be treated as a sister.<ref>{{cite journal|url=http://neurologyasia.org/articles/20073_015.pdf|title=Arranged marriage, consanguinity and epilepsy|last1=Mehndiratta|first1=MM|last2=Paul|first2=B|last3=Mehndiratta|first3=P|journal=Neurology Asia|year=2007|volume=12|issue=Supplement 1|pages=15–17|access-date=27 August 2009|archive-date=24 August 2009|archive-url=https://web.archive.org/web/20090824102035/http://neurologyasia.org/articles/20073_015.pdf|url-status=live}}</ref>

[[North India|North Indian]] Hindu society not only follows the rules of gotra for marriages but also has many regulations which go beyond the basic definition of gotra and have a broader definition of incest.<ref>[http://anthro.palomar.edu/marriage/marriage_3.htm Sex and Marriage: Marriage Rules (Part 1)] {{Webarchive|url=https://web.archive.org/web/20090926225259/http://anthro.palomar.edu/marriage/marriage_3.htm |date=26 September 2009 }}. palomar.edu.</ref> Some communities in North India do not allow marriage with certain other clans, based on the belief that both clans are of the same patrilineal descent.<ref>{{cite web|url=http://www.indianexpress.com/news/haryana-panchayat-takes-on-govt-over-samegotra-marriage/491548/|title=Haryana panchayat takes on govt over same-gotra marriage|work=[[indianexpress.com]]|author=Vashisht, Dinker|date=20 July 2009|access-date=27 August 2009|archive-date=15 May 2011|archive-url=https://web.archive.org/web/20110515105301/http://www.indianexpress.com/news/haryana-panchayat-takes-on-govt-over-samegotra-marriage/491548/|url-status=live}}</ref> In other communities, marriage within the gotra of the mother's father, and possibly some others, is prohibited.

A possible workaround for Sagotra marriages is to perform a ''Data'' (adoption) of the bride to a family of different gotra (usually ''data'' is given to the bride's maternal uncle who belongs to different gotra by the same rule) and let them perform the '[[Kanyadan]]am' ('kanya' (girl) + 'danam' (to give)). Such workarounds are used in rare cases, and the acceptability is questionable.

[[Historical Vedic religion|Vedic Hinduism]] recognizes eight types of marriages, thus predominantly following the principles as stated in the [https://www.britannica.com/topic/Manu-smriti Manu Smriti], referring to eight types of marriages, the roles, and responsibilities of husband and wife, and the purpose of marriage. [[Marriage in Hinduism|Eight types of marriages]] are, (1) Brahma Vivaha, (2) Arsa Vivaha, (3) Daiva Vivaha, (4) Prajapatya Vivaha, (5) [[Gandharva marriage|Gandharva Vivaha]], (6) Asura Vivaha, (7) Rakshasa Vivaha, and (8) Paishacha Vivaha. The first four types of marriages reflect the paradigm behind arranged marriages. The last three are prohibited as per [[Manu Smriti]], out of which the last two are condemned. The Gandharva marriage is analogous to the modern-day love marriage, where the individuals have the liberty to choose their partners. Though [[Gandharva marriage]] had its due prominence in the [[Shastra|Shastras]] or precepts, with the advancement of time, [[Historical Vedic religion|Vedic Hinduism]] giving way to classic Hinduism, the concept of arranged marriage rose to prominence, which still today is predominant [[ritual]] for a marriage between two individuals.

There is no harm in Sagotra marriage if the individuals are not related for six generations on both maternal and paternal sides.  This is expressed in chapter 5 of Manu smriti in mantra 60, which states, सपिण्डता तु पुरुषे सप्तमे विनिवर्तते । समानोदकभावस्तु जन्मनाम्नोरवेदने, which means that [[sapinda]] ends after seven generations.<ref>{{Cite web |url=http://aryamantavya.in/manusmriti/5-60/ |title=Manu Smriti |access-date=19 April 2020 |archive-date=13 August 2017 |archive-url=https://web.archive.org/web/20170813002614/http://aryamantavya.in/manusmriti/5-60/ |url-status=live }}</ref> Section 5(v) of [[Hindu marriage Act|Hindu Marriage Act 1955]] also prohibits Sapinda relationship but there is no restriction of Sagotra marriage.<ref>{{Cite web |url=http://bokakhat.gov.in/pdf/The_hindu_marriage_act.pdf |title=The Hindu Marriage Act 1955 |access-date=19 April 2020 |archive-date=3 September 2013 |archive-url=https://web.archive.org/web/20130903063449/http://bokakhat.gov.in/pdf/The_hindu_marriage_act.pdf |url-status=live }}</ref>

===Legal situation===
While the gotras are almost universally used for excluding marriages that would be traditionally [[incest]]uous, they are not legally recognized as such, although those within "degrees of prohibited relationship" or who are  "sapinda" are not permitted to marry.<ref>[http://unstats.un.org/unsd/vitalstatkb/Attachment546.aspx The Hindu Marriage Act, 1955] {{Webarchive|url=https://web.archive.org/web/20151022170018/http://unstats.un.org/unsd/vitalstatkb/Attachment546.aspx |date=22 October 2015 }}.</ref> [[Khap]] panchayats in Haryana have campaigned to legally ban marriages within the same gotra. A convener of the Kadyan Khap, Naresh Kadyan, petitioned the courts to seek an amendment to the [[Hindu Marriage Act]] to legally prohibit such marriages. However, the petition was dismissed as withdrawn after being vacated, with the Delhi High Court warning that the Khap would face heavy penalty costs for wasting the time of the court.<ref>[http://www.thehindu.com/news/cities/Delhi/article472462.ece HC throws out a plea to forbid same gotra marriages] {{Webarchive|url=https://web.archive.org/web/20121205155452/http://www.thehindu.com/news/cities/Delhi/article472462.ece |date=5 December 2012 }}, ''The Hindu'', June 2010.</ref>

In the 1945 case of ''Madhavrao vs Raghavendrarao'', which involved a [[Deshastha Brahmin]] couple, the definition of gotra as descending from eight sages and then branching out to several families was thrown out by the [[Bombay High Court]]. The court called the idea of [[Brahmin gotra|Brahmin]] families descending from an unbroken line of common ancestors as indicated by the names of their respective gotras "impossible to accept." The court consulted relevant Hindu texts and stressed the need for Hindu society and law to keep up with the times, emphasizing that notions of good social behavior and the general ideology of Hindu society had changed. The court also said that the material in the Hindu texts is so vast and full of contradictions that it is a near-impossible task to reduce it to order and coherence.<ref>{{cite web|url=http://www.thehindu.com/opinion/op-ed/the-paradox-of-the-21st-century/article432445.ece|title=The paradox of the 21st century|last=Anand|first=Pinky|authorlink=Pinky Anand|work=The Hindu|date=28 July 2011|access-date=5 May 2014|archive-date=5 May 2014|archive-url=https://web.archive.org/web/20140505182411/http://www.thehindu.com/opinion/op-ed/the-paradox-of-the-21st-century/article432445.ece|url-status=live}}</ref>