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Judgement Season

Discussion in 'Snippets of Life (Non-Fiction)' started by jayasala42, Sep 28, 2018.

  1. Amulet

    Amulet IL Hall of Fame

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    You are like the curious eastern child the family is trying to raise in a western country. Ask a lot of probing questions.

    We have been told that these divine naughties are not like regular ones -- serious, sweaty, hard work, by two people -- that we are all familiar with, and talk much about in this thread.

    Nobody knows exactly how the divine-human thing happens. It is, as the term goes, a GREY area of knowledge. savvy ? In latter day, with the case of Mary (w/o Joeseph) there was such a divine-human thing, fuzzily described as "immaculate", but it is still grey. Apparently Joe was in connivance with that divine affair, and therefore it was all quite proper even under the older penal code of India.
    just copy pasted the previous spelling from OP, I think.
     
    Last edited: Oct 3, 2018
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  2. Rihana

    Rihana Moderator Staff Member IL Hall of Fame

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    : ) Am glad I didn't ask one curious question and guessed the answer, and googled it instead. I guessed that the 'close your eyes...' was advice dispensed to British women of the late 19th century, having to live in India, arriving sick after a long sea journey and having to congress with the sahib. : )

    I was close. : )
     
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  3. Amulet

    Amulet IL Hall of Fame

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    I am happy that the forum post helped.
    jest ? May be in the way I tell it or you read it. In the ways I have heard it from ladies with such last names, it never sounded like they were making it up.

    Perhaps much of the gentle existentialism of the latter day Scandinavians come from the realization that antecedents don't matter as much as what we have here and now, and what we are going to do with it for the future.
     
  4. jayasala42

    jayasala42 IL Hall of Fame

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    Madam Laks09,
    What you have explained is understandable.These arguments have appeared in all the news papers.I do not really know what women are really going to achieve by declaring that they are not properties of men.It will be another page in law books.It has been hailed as an achievement for women.Under the pretext of protecting the rights of women,they have given a free hand to both erring men and women calling it as 'No error 'no crime, no penal action.can any person do adultery and exhibit a record of the same?
    If we go on decriminalizing one by one branding it as human right violation,the only crime left behind perhaps will be 'not wearing a helmet' while riding two wheeler.
    At this rate all crimes will be having some justification-attitude, bent of mind,psychology etc and India can be a crime free land with thousands of adulteries.After all adultery is a human trait.

    Jayasala 42
     
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  5. Amulet

    Amulet IL Hall of Fame

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    We decriminalized drinking alcohol, and not everybody rushed off to buy and drink whatever we can. In Madras we are still valuing a good green grocers in the neighbourhood a lot more than a TASMAC store.

    This equal treatment of men and women under the adultery statute is one step in getting to other basic rights, such as equal division of marital property, inheritance of ancestral property, and equal pay for the same work between men and women.

    India already has one aspect of equal treatment for income tax filers -- husband and wife are treated as separate entities in India Income Tax whereas in the USA married people can choose to become one tax filer, thereby assuming all the advantages as well as liabilities of each other.

    "can any person do adultery and exhibit a record of the same?" I was honestly baffled by this for a bit. Why would anybody want to "exhibit a record" ? And then I realised that Indian Family Courts do not have a no-fault divorce. The divorce filer will have to show some kind of proof, reason, etc.. for wanting a divorce. A confession to adultery by a 3rd party is accepted in family courts as sufficient cause to grant a divorce.

    In many countries where a no-fault divorce is unavailable, lawyers can hire a fake adulterer who will provide the appropriate services for the couple who want to get a divorce. Ginger Rogers went through such a divorce in the old movie "The Gay Divorcee". Even though this recent adultery decriminalization in India would encourage some fake adulterers who can make a living as co-respondents in divorce cases, Indian Family court's main problem is the lack of capacity to deal with the load of cases, and even with concrete proof of adultery, getting a divorce will be painfully slow.

    excerpt from: Advice on naming or being named as a co-respondent in a divorce - JMW Solicitors
    Adultery and co-respondents in divorce
    If the person filing for divorce (the petitioner) has done so on the basis that their spouse has committed adultery, they can name the third party involved as a 'co-respondent'. However, this is almost never done in practice and the divorce paperwork simply refers to the third party as 'Unnamed Man' or 'Unnamed Woman'.

     
    Last edited: Oct 3, 2018
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  6. GeetaKashyap

    GeetaKashyap IL Hall of Fame

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    @jayasala42 maam,

    Quite an elaborate article encompassing many of the recent landmark judgements. Honestly, I haven't tried to understand them all. On a few issues that I have understood, I feel differently.

    Incestuous relationship has always been considered unethical, there can be no two opinions about it. While LGBTQ issues are of a different league and the two cannot be compared.


    I suppose, rarely this law is misused.

    In general, in the Indian society, both men and women are compelled by the societal pressure to hold on to their marriages. Only under extreme conditions women dare to bare the torture they undergo in their marriage. So here I feel the Apex court ruling would be a blessing for these suffering women.
     
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  7. jayasala42

    jayasala42 IL Hall of Fame

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    Dear Geetha Madam,
    Thank you very much for your nice observations.
    Jayasala 42
     
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  8. jayasala42

    jayasala42 IL Hall of Fame

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    Dear Amulet,
    Thank you for your elaborate and interesting responses.
    While talking about prohibition of alcohol, somebody asked me,"if prohibition is lifted, will you go and drink?"
    It is known to everybody that people who are determined, may not go astray just because law gives them access and free hand.But human beings are much vulnerable to temptations, and they may get into adultery with more confidence that they will never be caught.

    The most virtuous need no laws to teach them.
    People at the other end will not obey even if there is law and it won't bind them.Ninety percent are midway. They need to have penal provisions and controls .
    Jayasala 42
     
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  9. Laks09

    Laks09 Moderator Staff Member IL Hall of Fame

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    Laks will do ma’am. You are my senior and I’m addressing you as such but please consider me as a loud mouthed youngster and address me as such.

    One of the Delhi rapists, the most brutal of the lot, got a one year prison sentence. That’s much more heinous than these consensual relationships. We do have a lot of real crimes to work on. The country will progress only if men and women are at an equal footing with respect to the law. This is one such attempt.

    Look at our married men folk. They don’t have a law restricting them from adultery with unmarried women. Yet we see so many men who value the sanctity of marriage. I think we women don't give ourselves enough credit. We don’t need laws to hold on to our marriages. We don’t need someone setting boundaries for us. We are teaching our daughters to be whatever they want to be without allowing anyone to tell them what they can and cannot become. When that’s the case, why do we need to be shackled by a law to know and do the right thing? We can and will set our own boundaries. It is our civil right. The society’s moral compass will only grow when we do the right thing without having a law telling us what is morally right. The society will only flourish if everyone is treated equal regardless of gender, caste, creed etc.
     
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  10. Amulet

    Amulet IL Hall of Fame

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    eh ? Name-followed-by-Ma'am versus Madam-followed-by-Name convey totally different messages. The former is like addressing a school teacher, whereas the latter is like a reference to an evil genius, like Madam Defarge , the Dickens character from the "Tale of Two Cities".
    Were you among the determined ? The recent change hasn't given anyone anything like a TASMAC store for committing adultery.
    Most of our people are tired out by the time they are in their late 30's, with two children in schools. Even the upper middle class, with access to good nutritious food, need mega vitamins just to commit some legitimatery now and then. Is legitimatery is the right word opposite of adultery ?
    Penal provisions and controls for the 90% of the married people ? Hahaha...I am totally diverted thinking about the engineering designs for the possible "controls".

    You are a sweet thing Ms. Jaya. :kissingheart: If we got that far, as to institute government controls, marriages might become a dangerous thing to want. On the other hand, all the penal provisions and controls might have the good consequence of abolishing marriages as well as dowries.
     
    Last edited: Oct 6, 2018

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