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Impact Factor : 8.14

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Paper Title: Marriage should not mean loss of identity for women A Constitutional and Social- legal analysis in India
Authors Name: SARIKA AHINSAK BANSODE , NO , NO , NO , NO
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IJRTI_210543
Published Paper Id: IJRTI2603077
Published In: Volume 11 Issue 4, April-2026
DOI:
Abstract: Marriage is an important social institution that brings significant changes in an individual’s life, including roles, responsibilities, and sometimes identity. In Indian society, marriage is often considered an essential milestone that shapes a person’s social status and family life. A popular proverb states, “Shaadi ka laddu jo khaye vo pachtaye, jo na khaye vo bhi pachtaye,” suggesting that both marrying and remaining unmarried have their own consequences. However, beyond this cultural perception lies a deeper social reality. Indian society has historically been structured within a patriarchal framework where men often exercise greater authority in family decision-making. Decisions relating to income, children’s education, household expenses, and place of residence are frequently dominated by male members of the family. In such a system, questions arise regarding a woman’s identity and autonomy after marriage. Practices such as the expectation that a woman should change her surname or adjust her profession after marriage often raise concerns about whether her independent identity is preserved. Furthermore, although mothers are expected to play a crucial role in shaping their children’s education, behavior, culture, and social values, society sometimes overlooks the importance of women’s own education and empowerment. This contradiction raises important questions about gender equality, identity, and the role of women within the institution of marriage. It often accompanied by significant changes in a woman’s identity, including alterations in surname, residence, and familial affiliation. While these practices are commonly justified as cultural traditions, they raise critical constitutional questions regarding equality, autonomy, and dignity. The Constitution of India guarantees equality before the law and prohibits discrimination on the basis of sex. Despite these guarantees, social expectations frequently pressure women to modify their identity after marriage in ways that are not equally imposed upon men. This disparity raises concerns regarding the compatibility of such customs with constitutional values. This article explores the issue of women’s identity after marriage through a constitutional and socio-legal lens. By examining constitutional provisions, judicial interpretations, and societal experiences, the study highlights the tension between patriarchal social norms and constitutional guarantees. It argues that identity autonomy must be recognized as an essential component of dignity and personal liberty.
Keywords: Keywords: Women’s identity, marriage, constitutional rights, gender equality, autonomy
Cite Article: "Marriage should not mean loss of identity for women A Constitutional and Social- legal analysis in India", International Journal for Research Trends and Innovation (www.ijrti.org), ISSN:2456-3315, Vol.11, Issue 4, page no.a616-a623, April-2026, Available :http://www.ijrti.org/papers/IJRTI2603077.pdf
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ISSN: 2456-3315 | IMPACT FACTOR: 8.14 Calculated By Google Scholar| ESTD YEAR: 2016
An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 8.14 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator
Publication Details: Published Paper ID: IJRTI2603077
Registration ID:210543
Published In: Volume 11 Issue 4, April-2026
DOI (Digital Object Identifier):
Page No: a616-a623
Country: MUMBAI, MAHARASHTRA, India
Research Area: Other
Publisher : IJ Publication
Published Paper URL : https://www.ijrti.org/viewpaperforall?paper=IJRTI2603077
Published Paper PDF: https://www.ijrti.org/papers/IJRTI2603077
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ISSN: 2456-3315
Impact Factor: 8.14 and ISSN APPROVED, Journal Starting Year (ESTD) : 2016

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