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Judgement Season

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

  1. jayasala42

    jayasala42 IL Hall of Fame

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    September 2018 seems to be a season of wonderful judgements-quite controversial and confusing.

    On Sep 6,there was a verdict on Sec 377 about which madam Geetha kashyap wrote a near thesis dealing with different aspects of the case.
    The ruling of the Indian Supreme court decriminalized only the consensual sex between adults. That means, it has allowed people of alternative sex to practice their orientation and lead their lives with dignity, without any sort of discrimination.

    Shri Viswa wrote about Abhirami who murdered her two children and eloped with her lover.
    Today Shri Balaji has dealt with Supreme court judgement in respect of Sabarimala ,allowing women between 10 and 50 intio the temple.
    Yesterday there is another verdict about decriminalizing extra marital relationship distinguishing adultery from crime.

    Sec 497 reads as follows:-whoever has sexual relationship with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offense of RAPE, is guilty of the offense of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an ABETTOR.
    I have seen managers working day and night to clear the arrears before getting transferred or prior to retirement.
    Now the Chief Justice of the Supreme Court Deepak Mishra reminds me of the Manager..

    He has woken up just few days away from retirement and has been passing final orders
    of cases having serious import on long contested issues, one after another, at times more than a few cases on the same day.


    I am not at all inclined to discuss the path breaking, the so called historical verdict of the Apex Court in striking down Section 377 of the IPC, which according to me is still not in morally and ethically in order.

    The Judgement again claimed to be historical in restoring gender equality, by striking down of Section 477 of the IPC, the offence of Adultery pronounced not a crime any more is a convenient issue for discussion in a forum like this.

    Alas! many of us are well past the age of enjoying the reprieve now granted by a generous Supreme Court for Adultery.

    One must wonder how come the same offence, a violation against human body, Rape and Adultery are dealt with in the IPC in different Sections 375 and 477.

    Possibly going by the victims, they must have discussed under different part of the IPC.

    Rape is an offence against Women; now a days it is the burning topic for discussions and the maximum Punishment prescribed by Macaulay, a term for 10 years which might be enhanced to Life time, now stand further enhanced to death.

    Even married women could prefer a complaint even during the subsistence of the Matrimonial vows, the offence of Rape, against their own husband and make him suffer for his sins in case she was forced to do it when not in a mood and against her will and without consent.

    Right to conjugal rights, no doubt is an entitlement under matrimony.
    Marriage is a consensual relationship in the days when women know their rights and going to the extent turning unethical and exploiting it.


    Adultery is another cup of Tea altogether.

    Here the victim is mostly the husband of the woman involved; the adulterer could walk Scot free.

    Like in the case of women raising false complaints under Section 498A of the IPC against her husband and still walk free without any liability or punishment, women involved in Adultery is the blessed one and the stigma of the sin never affected her and the Law saved her from the attraction of any penal provisions of the IPC.


    In their wisdom to make gender right equal, the Supreme Court has relieved the adulterer from the burden of incarceration for five years.

    Moreover proving adultery convincingly to the Court is next to impossible as
    wise perpetrators of this extramarital indulgence choose time and place and they hardly
    leave any traces or trail of the crime.


    Adultery as one of the grounds for divorce is an existing provision for divorce and there was no need to reiterate it as if the Court is giving a saving grace to the affected husband.

    But if the wife is driven to take her life by suicide, thanks to an adulterous husband, it attracted such poor male to the offence of abetment.

    But had it been the husband who committed suicide, thanks to adulterous wife there is nobody to mourn his death and wife is not an offender as an abettor.


    The Court must have reasoned out while decriminalizing adultery by the now frequent
    reporting of women doing away their husband in connivance with their paramour.( as in the case of Abhirami)


    But they know not that extramarital affairs have hardened the heart of married women, mothers to do away with their own progeny for the the pleasure of the flesh
    outside matrimony.Now the highest authority seems to extend wholehearted support.


    When reality being so cruel we fail to appreciate and understand why the Court should take it upon itself to decriminalize adultery.

    Social activists decry that the verdict would undermine the institution of Marriage.

    Are they not aware that the Institution of Marriage has been failing as it is , and fast that is vouched by the unseemly crowd at the Family Courts?


    Marriage has been reduced to a mere social contract and the vows taken are no more sacred or relevant.

    Mind you we passing through worst moral and social degradation, Kaliyuga


    Any consensual relationship between two adults irrespective their sex is legal and valid.

    The Court has made the relationship a mockery.We are here to witness the tamasha.We can't but get worried about the future of our children/grand children and the mental agony that is in store for them.
    Can we go on blaming kaliyuga for the crimes, sorry, adulteries done by us, now with the full consent of the top judiciary?

    Jayasala 42
     
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  2. Amulet

    Amulet IL Hall of Fame

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    Hahaha.. nice one !! When things like this come about, I lament:anguished:: Youth is wasted on the Young.
     
  3. Balajee

    Balajee IL Hall of Fame

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    Enlighten me Jayasala m,a'am. Is striking down of artiucle 377 is ethically and morally nnot in ordwer or the article itself. In my view the article itself is not in order morally and ethically as it declares an entire section of society to be pariahs. by . criominalizing them. I think what two adults , consenting adults do in their private space is nobody's concern, be it an homosexual relationship or adultery.. You are , in my view unnecessarily confusing the matter by bringing in the question of suicide. Abutment to suicidal is independent of adultery, be the victim male or female.Frankly the nadultery law is absurd. The affected party is the husband/wife of adulterer/adulteress. It is fir them to take legal actrion, not the state. So adultery as ground for divorce will suffice.There is no need for pen al action.
     
  4. Agatha83

    Agatha83 IL Hall of Fame

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    Dear Jayasala,

    Everyday we come upon instances where the husband murders the wife for her illicit relationship or the wife murdering her husband to continue with her illicit affairs.All this can be avoided by going for a divorce through mutual consent, and continue their life with their heartthrobs.
    But in India getting a divorce sadly takes more than a decade, the family courts bulging with scores of cases daily- proof for the sorry state of affairs. Self restraint and commitment are two pillars of a marriage as an institution, which is sadly lacking among the married couple. So irrespective of the courts decree, matters which came under police jurisdiction will no more be there and individuals will take law in to their own hands. This is the ugly reality of the changing society, where things which were once looked down are accepted as normal. A good piece of writing from you Jayasala.

    Agatha83
     
  5. jayasala42

    jayasala42 IL Hall of Fame

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    Thank you Amulet for your kind response.
    Jayasala 42
     
  6. jayasala42

    jayasala42 IL Hall of Fame

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    Dear Balaji,
    May be many of the sections of penal code may not apply to current circumstances.Even as such, there are many unethical practices, extra marital affairs going on.The institution of marriage has lost its sanctity even with criminal provisions. Now decriminalization of certain categories seems to encourage unethical activities.The problem is what we consider 'unethical ' is considered as normal behaviour of any human being in the eyes of law. If that be the case ,any intimate physical relationship between two individuals -whether mother-son, father-daughter,brother-sister or gay is likely to be treated as normal and the victims have to suffer and the state has no say in the matter.
    Definitely the element of suicide is a related subject only.Honour killings and suicides of parents on account of intercaste marriages are on the increase.Even now a divorced boy or girl is treated with contempt and it is not easy for them to get resettled.Perhaps we people lack such advanced thinking.
    If adultery in normal, rape is normal, what is abnormal? Are we going back to the age of barbarism when such relationships existed? Only to have a control of all these things, the institution of marriage was formed. By and large it was going smooth for hundreds of years, but for stray incidents.
    Of course now ,due to awareness such incidents are on the increase.But that should not be the contributory factor for decriminalization.
    Perhaps it is green signal for 'living together', a common feature in scandinavian countries.
    A survey of 'happiness' states that the happiest people on earth are people living in Scandinavian countries like Norway, Sweden and the like.
    I do not know what the parameter for happiness lies in. Is it the licence to live as you like?
    I have no knowledge of 'law'. But law on anyday should be based on common sense and the history of Law studies point out more to common sense and penal codes were essentially written based on tradition and culture.
    Arguments for arguments sake can be made either way.But our conscience should lead us in the right direction, if we have one.

    Jayasala 42
     
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  7. jayasala42

    jayasala42 IL Hall of Fame

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    Dear Agatha,
    Thank you for your nice response.We at this age may not be able to do anything.But the concern is about the family life of our children/grand children.Unless one has a happy peaceful family life he/she cannot be expected to contribute much worthy to the society and the problem stands always as an impediment.How can we expect children in those families be happy?
    Many people quote instances from mythologies and the life of Draupathi and cite her as an example to have freedom to have
    multiple relationships.
    To indulge in unethical practices notwithstanding the penal provisions is entirely different from decriminalizing certain action.The crime which was found here and there rarely would become a common affair, as common as corruption in Govt offices.Once it becomes common, we can never prevent the mushroom growth and that is what I am worried about.
    God save us.

    Jayasala 42
     
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  8. friendabc

    friendabc Silver IL'ite

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    let me put it more profoundly ....ur stmnt is "if homosexuality is ok then why not incest?"
    taking example of epstein case (who was charged with third degree incest) for allegedly shagging his adult daughter ...the blogshpere errupted with comments from liberals and conservatives
    conservatives called it moral chaos ...liberals said that it was GROSS but shdnt be prosecuted .
    we can surely be better than this ...
    the old answer was GENETICS ...In general, studies show a significantly higher rate of birth defects in offspring of incestuous couples. T
    But then one can question ..that "what if the question /risk of birth defects is not valid" for example sex acts that can't make babies,
    according to ohio court (during one judgement)

    A sexual relationship between a parent and child or a stepparent and stepchild is especially destructive to the family unit." This destructive effect, the court reasoned, occurs even if the sex is adult and consensual, since "parents do not cease being parents … when their minor child reaches the age of majority." The German court offered a similar argument against sibling incest. Roughly translated, the opinion's key passage says:

    Incestuous connections lead to an overlap of family relationships and social roles and thus to a disturbance of a family bereft of [clear] assignments. … Children of an incestuous relationship have great difficulty finding their place in the family structure and building relationships of trust with their next caregivers. The vital function of the family for the human community … is crucially disturbed if its ordered structure is shaken by incestuous relations.
    when a yong man falls in love with another man , no family is destroyed . if u forbid sex betn these two men neither of them can form a faithful heterosexual family.
    incest spectacularly flunks this test.
    Homosexuality is an orientation. Incest isn't. If the law bans gay sex, a lesbian can't have a sex life. But if you're hot for your sister, and the law says you can't sleep with her, you have billions of other options.
    incest is wrong ...there is a rational basis to forbid it ...and we shdnt be afraid to say so.
     
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  9. HariLakhera

    HariLakhera Platinum IL'ite

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    There is a section who think CJ Deepak Mishara was in great hurry to settle these issues before his retirement on October 1. Some of these are controversial and may be tested in due course by another bench.
    Having said that decriminalization of adultery is a right step. It is rampant in society and making it criminal has only made it discriminatory for women. Now both are equal. When we say adultery, we are talking of extramarital relations and not living in or any other relationship. Sex between mother-son, sister-brother, father-daughter and all that is socially not acceptable.
     
  10. friendabc

    friendabc Silver IL'ite

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    right....its not only socially unacceptable..but its morally , naturally ,biologically wrong and outright repulsive too:shakehead:
     

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