Bride Capture

Ancient India

Eight types of marriage (vivaha) existed in ancient India; the first four were socially approved, and the last four were not. Authorities ranked bride capture among the socially unapproved marriages. The first and highest form of socially approved marriage, roughly in order of decreasing acceptance, was Brahma vivaha. This was the marriage of a welldressed and ornamented girl to a man of the same social class. Second, with Daiva vivaha, a property owner invited a scholar to his home and requested him to perform certain rites. He then presented his daughter to the scholar as part of his professional fee and mark of respect. Third, with Arsha vivaha, dowry was not paid, but the bridegroom gave a cow and a bull to the bride's parents as a token bride price or gift out of respect. Finally, the groom's family also did not pay bride price with Prajapatya vivaha. It was similar to a civil marriage without fanfare.

Socially unapproved marriages, roughly in order of decreasing social approval, began with Gandharva vivaha, or love marriage. Second, Asura vivaha was a demon or barbaric marriage, whereby a man or his family purchased a girl for that purpose. Third, there was Rakshasa vivaha, a devil marriage, or marriage by capturing or kidnapping a girl. Finally, Paishacha vivaha was a ghost's marriage, whereby some wicked person raped a girl and later offered marriage in compensation. Bride capture thus occupies seventh place on a social approval scale.

Modern, Pluralist Societies

In modern, pluralist societies, the custom of marriage by bride capture sometimes gives rise to the legal concept of cultural defense in charges of rape and sexual assault. Simply stated, the defense is the use of social customs and beliefs to explain, and so perhaps wholly or partly to justify or excuse from criminal liability, the behavior of a defendant from an ethnic minority. Immigrants typically use it, comparing their own nation's mores and legal standards with those of their adopted nation.

For example, marriage by bride capture is a continuing cultural practice among the Hmong communities [Page 135]in the United States. The Hmong are originally from Laos. In this practice, the man abducts a woman he likes and holds her captive for three days. During this time, he performs repeated acts of sexual intercourse with her. After the third day, he frees the girl and she has a choice to either reject or marry him. In practice, the girl usually ends up marrying her abductor, either willingly or under her parents' pressure.

...