In a welcome judgment a Delhi court has spelled out importance of morality over prevailing legal norms and passed a decree on ethical grounds in a case of custody of minor children. (IE: 29 Dec, 11)
Additional District Judge (ADJ) Reetesh Singh of Karkardooma Courts underlined the importance of social and moral values against legal preeminence of a mother and asked a woman to bequeath custody of her two minor children to their father. The woman has deserted the complainant to embrace another person, with whom she had established extramarital relationship while she was his wife. As a rule Indian courts grant custody of minor children to the mother in case of separation, divorce or death of father.
The court observed “Imparting social values and ethics is an extremely important part of parent’s duties. The first and most crucial place of learning for children is their home, and their most important tutors are their parents. An adult is free to take any decision, however, when adults are also parents, decisions taken by them regarding their own life also have a bearing on their children”. He further observed, “Extra-marital relationship of mother is not in the interest of the children.”
This is a strongly sane voice and we need to endorse with all force at our hand.
The woman, who tied the knot with a humble villager of District Amritsar in 2002, deserted him after seven years and started living with another person with whom she had allegedly been in illicit relationship. Later couple get divorce degree and women “married” with her friend in last June. She has two children of seven and three and settled in a slum cluster in the Capital.
Passing order (IE 29 Dec, 11) Honourable court said, “Choosing to indulge in an extra-marital affair and exposing her children to it would have left a mark on the children’s minds.” The court further noted, “She indulged in an affair with another man during the time she was married with the petitioner. In the opinion of this court, children’s father would be in a better position to impart social and ethical values to the minor children rather than their mother.” So her ethical bankruptcy left the women without her children, however court allowed her to visit them at their father’s house periodically.
HEALTHY DEVIATION
The judgement is a healthy deviation from the tradition of ignoring moral dimensions while deliberating such cases and deliberating on flimsy grounds of European rhetoric of liberty, equality and inflated obsession to fundamental rights. The verdict sanctioning legality (with some conditions) to live in relationship and de-legalising section 377 of IPC may be cited as such instances.
Section 377 of IPC reads as under:
“Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment, and shall also be liable to fine.”
A Delhi court, ignoring pleas on ethical and moral grounds, struck down the provision on the ground that homosexual intercourse between consenting adults is covered under “the fundamental right to life and liberty and the right to equality” as guaranteed by the Constitution of India. Protests against the ruling bear no fruit, and perverted thinking prevailed on law makers. Law Commission of India, Union Health Ministry, National Human Rights Commission and The Planning Commission of India either implicitly, or expressly come out in support of de-criminalising homosexuality, and pushed for social acceptance for lesbian, gay, bisexual, and transgendered people.
“World over, people are accepting homosexuality” was the erroneous argument of Mr. S. Ramadoss, the than Union Health Minister. Blindly following the world is certainly not a wise choice. Judging what is good or bad for society should have some sane parameters. How sexual anarchy may be endorsed while we are seeing western world destroying its family life and peace of life? Should we allow conversion of our society and our successive generations in to sex hungry beasts?
EXTRAMARITAL SEX IN INDIA
It is true that Indian society has been witness of both forms of polygamy (polygynist-relations with more than one woman and in some cases polyandrous-sex with more than one man) for long. The practice still persists in some sections. However extramarital sex never had moral acceptability. Now in five star culture immorality of changing partner is gaining acceptability and gays come out in processions.
A Indian sexologist Dr Himanshu Saxena believes males by “nature” are polygamous. But now women are also catching up. A study suggests that in Europe young women may have had up to a dozen partners. Dr. Saxena argued, “The spouses may not click, and look for options elsewhere.”
How simple it seems to change a partner, as it is changing a dish on dining table?
BREADING HUBS OF SEXUAL AVIDITY
Dealing another aspect, Dr. Saxena rightly noted, “A liberal (sexually explicit) media and generally more openness (in interaction) with the opposite sex, such as colleagues, bring people closer emotionally and sexually."
This is where Qura’n strikes and ordains to its believers:
“Approach not adultery, for it is a shameful deed and an evil, opening the road to other evils.” (17:23)
Here lies the importance of moderate dress for women, covering her person to save from greedy gazers. Qur’an says:
"O Prophet! Tell thy wives and thy daughters and the women of the believers to draw their cloaks close around them, that will be better, so that they may be recognized and not annoyed. Allah is ever forgiving, merciful....(33:59)
"And say to the believing women that they cast down their looks and guard their private parts and do not display their ornaments except what appears thereof, and let them wear their head-coverings over their bosoms,.....; and let them not strike their feet so that what they hide of their ornaments may be known; " (24:31)
ALL RELIGIONS ORDAIN ADULTERY
Barring a few sects of Hindus, no religion allows extramarital sex. Bhagwat Geeta says:
When a family declines, ancient traditions are destroyed. With them are lost the spiritual foundations for life, and the family loses its sense of unity. Where there is no sense of unity, the women of the family become corrupt; and with the corruption of its women, society is plunged into chaos. Social chaos is hell for the family and for those who have destroyed the family as well. (1.40-42)
Here we see the family system, worldwide is plunging in to the chaos, and Indian society, which made so much hue and cry for Bhagwad Geeta in Russia, is herself drifting away from the ‘Holy Text’ and so plunging downwards. The courts have endorsed ‘live-in-relationship’ and rights of women who lives with a man without solemnising the relationship. Even Christianity and Judaism have strictly sanctioned against straying in sex relationship. I quote:
“God gave them up to dishonorable passions. Their women exchanged natural relations for unnatural, and the men likewise gave up natural relations with women and were consumed with passion for one another, men committing shameless acts with men and receiving in their own persons the due penalty for their error.” (Christianity; Romans 1.26-27)
But how this evil is being seen as a “natural” behaviour is evident from the arguments advanced in favour of infidelity in. Recently a prominent woman psychologist Maryse Vaillant advise to France’s women in her book “Men, Love, Fidelity” has made headlines. She says, Wives should welcome their husbands' extramarital affairs as a sign of a healthy marriage. She argues, “French men should stop being castigated for being womanisers and that keeping a mistress can actually improve a marriage.” She shamelessly declares her aim is to "rehabilitate infidelity".
A study claims that monogamy has become unbelievable and "interchangeable mistresses" has become rule of the day in Euorope, as Sylvie Brunel, ex-wife of France’s minister, Eric Besson has underlined in her book, “Guerrilla Handbook for Women.”
The solution being argued is that, once French women accept that the "fidelity is not natural but cultural", and that infidelity is essential to the "psychic functioning" of certain men who are still very much in love, it can be a "very liberating" for women, she writes.
DIVERSITY OF SEXUAL BEHAVIOUR
What is “natural” sexual behaviour? Answer is: ‘Follow the animals like dogs that do not live in pairs and get satisfy your urge without discriminating the object whether man, any women (mother, sister or else) even animals.’ Recently US Senate approved a bill by 93 against 7 votes that will make legal sex between human beings and animals, while also legalising sodomy. Gone are the days of Article 125 of the Uniform Code of Military Justice (UCMJ) that states any human being who engages in “unnatural carnal copulation with another person of the same or opposite sex or with an animal is guilty of sodomy.”
Same is the effect of de-legalising section 377 of IPC in India.
ALARMING SITUATION
A study (Yahoo Answers) suggest that the number of sex outside wedlock is increasing alarmingly in our country also. In Kerala it is highest. Tamil Nadu, Maharashtra, Punjab, Haryana, West Bengal, Rajasthan and Gujarat are also on red list. Big and metro cities have more openness and Mumbai tops among all. Interestedly votaries endorsed that Hindus are at the top and Muslims are at the bottom be because of free mixing cultural gap.
Indian society certainly needs to safeguard their cultural and religious values and not follow the world as argued by Mr. Ramadoss. In this scenario, impugned judgment is a ray of light in the dark. (end) (Dec, 31, 2011)