Tuesday, June 18, 2013

Premarital Sex - new form of Legal Marriage

A couple of days ago, hon'ble Chief Minister of Karnataka Sri. Siddaramaiah had expressed inclination towards cutting down marriage expenses; and a day later, the Madras High Court finds an appropriate solution for this - 'Premarital Sex'. Can it get any simpler, I strongly doubt.
If any unmarried couple of the right legal age 'indulge in sexual gratification', this will be considered a valid marriage and they could be termed 'husband and wife'.
- Madras High Court
Image Courtesy: Ronke Alao; Concept: Prashanth

It's important to mark the Day 17th June 2013, when Justice C. S. Karnan passed an order to modify the judgement given by the Coimbatore family court in maintenance case of a couple and said if a boy is 21 and girl 18, they shall acquire the 'freedom of choice' guaranteed by the Constitution of India. Does the so-called 'freedom of choice' meant 'premarital sex'? definitely not, am sure.

Were you wondering how to honor premarital sex a legal marital status? - 'Either party to a relationship could approach the Family Court for a declaration of marital status by supplying documentary proof for a sexual relationship' the Court opined. That's fine, but, what would possibly make a 'documentary proof' for 'sexual relationship'? If at all this was slightly elaborated upon, it would have been much more easier to 'make marriages happen' in the near future.

'On declaration of marital status for a sexual relationship, a woman could establish herself as the man's wife in Government Records and all Legal rights applicable to normal wedded couples will also be applicable' the Court added. When lawyers are smart enough to utilize the smallest loopholes in the Law and uphold injustice, Justice C. S. Karnan with this judgement has kept a trench dug wide open; it shall not be of any difficulty to seek (in)justice based on this 'controversial judgement'.

The Hindu, India Times, CNN-IBN India, DNA, Sify and others reported this 'historical' judgement online and succeeded in pushing up their page rankings to the top on Google for a transitory period of time to the key word 'premarital sex'. 'If after having sexual relationship the couple decided to separate, the husband could not marry without getting a divorce from the wife' - this judgement, however, has given a new twist to the concept of 'premarital sex', which will soon make the 'curse' a 'boon'.

The Court also said 'Marriage formalities as per various religious customs such as tying of mangalasutra, exchange of garlands, exchange of rings or registering of a marriage were only to comply with religious customs for the satisfaction of society'. This, simply makes the existing deep-rooted solid foundation of Hinduism/Christianism to give way and completely collapse it's strongly built social architecture in India. If slogans of boycott are heard against this, surprise not!

In the past, marriages were said to be made in heaven; but in future, marriages shall be made on beds too..

17 comments:

  1. Very matured and well detailed argument Prashanth. Seriously are the drunk when they do such meaningless laws? if marriage was all about few minutes of pleasure life wouldnt have been like this. And these people make it easy for people who are willing to take advantage of such things!!!
    I dread of the day which you have mentioned of marriages being made on bed!!!
    Very thoughtful post!

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    1. Ramya, you are right.. it would be easy for people who try to take undue advantage of law, always. Thanks for the comment.

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  2. Our Mighty India is heading in the right direction, thanks to Our Judges & Politicians..

    I would not like to comment much upon this issue, it will only show our helplessness ...

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    1. Nod.. nod.. This post of mine is no more than mere helplessness.

      Thanks so much for your time spent on my Blog, Sir.

      Delete
  3. Hahaha, this piece of news was the most hideous ever!

    Very thoughtful take Prashanth :)

    P.S: Nice to be here after a long time.

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    Replies
    1. Soumya, nice to see you back. Recently I remember reading in your blog that you tied up with your love. Great news.. couldn't comment on your Blog. Anyways, congratulations! Wish you a very happy married life.. :o)

      Yup, I sat with the newspaper quite late yesterday and this news was so shocking.. huhhhh

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  4. In Indian scenario, this may not be so much suitable.

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    1. You are very right, Sir. We Indians always have been respecting the turmeric piece tied by a yellow thread.. such being the case, it would really be hard to digest such 'judgements' made.

      Thanks for stopping by and sharing your views, Sir.

      Delete
  5. Ramya's observation was interesting. Being a woman I thought she would have been very happy.

    Please look at it this way. There are innumerable number of girls in our country who fall in love have sex and get cheated by the man who leaves the woman to fend for herself and the child to be born.

    This decision is keeping in mind the disparities our society has created against the woman who has to alone bear the proof of premarital... The man runs away completely scot free.

    I do hope and pray the thousands of girls in my surroundings will now be able to stand up and tell the whole world that " I loved him. He assured me marriage. We had fun and now I am his wife."

    Great judgement! Long live the Indian Judiciary!!

    ReplyDelete
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    1. Sir, firstly thanks for your time spent on my Blog and this topic; am very well aware of your everyday tight schedule.

      While we analyze and discuss of any thing for that matter, there always are pros and cons.

      Yes, as you said, when we speak of premarital sex in terms of those girls who are possibly 'cheated', no doubt its a welcome judgement. But, at the same time we cannot always conclude all men are bad! There may be bad women too, though their numbers may be practically very less.

      However, the Law demands for a 'documentary proof' of 'premarital sex' to sanction a marital status. Irrespective of the fact that men or women play foul, the affected individual shall no way find it easy to produce a 'documentary proof' of the act for the Court of Law. For something that is happening within the four walls, it is highly difficult to produce a document in proof.

      Finally, when we consider the recent day Indian Judiciary, we lose hopes in Law being beneficial to the common man. Most of the times Power wins over Law, else we couldn't have found so much filth in the modern day Society.

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    2. Manjunath Sir, I respect the women favouring stand point of you.

      Why arent we talking about educating people about unwanted pregnancies? Possible spread of disease? Sexual relationship without guts to stand up for it? Shouldnt we be teaching our next generation about these instead of telling everybody who involve in sex need to be husband and wife? I strongly feel that anyway of restriction on sex life of individual will lead to unhealthy social life... As if we dont have enough rapes in the country now.

      But being woman I dont appreciate someone treating women as she need to be protected she need to be saved kind of attitude.I am happy when I am treated equals, I expect all my sisters to stand up for themselves, be educated,be Very aware, self protected and equipped. Being in love and getting cheated can happen to any woman but if only the man or woman shamelessly cheats doesn't that mean he\she is not worth to be with entire life? he\she need to be punished not considered husband or wife!

      This is purely my perspective. I am not against the idea of relationship, consensual sex, its purely individual choices and for any consequences both are equally responsible. Why only women to be favoured???? and I wonder the woman who so much is blind in love would be collecting proofs of their intimate times to produce later in court!!!

      Prashanth, everywhere in news the same discussion is going on and :) we are here discussing it thanks for this healthy debate.

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  6. Any law for that matter has not been made for benefit of all, few think its favoring them and few think otherwise. Now in my view "Premarital Sex" getting legal and couple claiming to be married has no harm on the society (i end this with "Buts" still). Do we think by not making this law there is absolutely no Premarital Sex at all? It's there.
    This also ensures that before "Premarital Sex" people think on the legal grounds and be absolutely sure if they were doing the right thing.
    Nothing starts off on a perfect note, so I think there has to be "Conditions Apply" tagged to this law which can make it even more stronger (at least not give an opportunity to the so called "Social activists" who wait for such incidents to get their bread toasted)

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    1. Bharath, thanks for your thoughts.

      As you have rightly said, nothing starts off on a perfect note. Lets wait and see how this shapes up in the days to come by. At the end of the day, only concern is that any Law shouldn't be misused..

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  7. prashanth ,Your posts are very good ,educative and have innovative meaningful thoughts surely to be adopted-in our day to day life. This is a interesting subject for young adults about to marry,but has more negative sense of practical applicability and acceptance by our so called religious good old thoughtful society . I think this may take its own time to become realistic in our society

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    1. Sir, welcome back! Nice to see you here after quite a long time now :o)

      your encouragement will definitely boost my writing spirits, thank you very much Sir..

      Delete

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