Supreme court bench, comprises of chief justice KG Balakrishnan, justice Deepak Verma, and justice BS Chauhan, ruled that pre marital sex/cohabitation is not at all sin by citing the article Article 21, which guarantees the right to life and liberty as a fundamental right.
Supreme court ruling triggered heavy flak and applause from different section of the people including right and left wings. Indian law already guaranteed consent of sex to adults after completion of 15 years. Law commission in her 248th report suggested that minimum age to have sex should be exceeded to 16 years.Supreme court, till now, gave contradictory judgments regarding cohabitation, pre marital sex, dating in various occasions. But,till now, It didn’t give any precise definition in judgment.
In latest judgment, supreme court justified the practice of cohabitation by citing the intimate relationship of lord Sri krishna and Radha claiming they have had cohabitation. Really, it hurts the sentiments of tens of millions of Hindus including me. Supreme court should not have brought religion in this controversial judgment in the so called secular country. Supreme court must go through the platonic and divine love between Sri Krishna and Radha. There is no way of comparing divine love with the present generation lust.
Cohabitation and free sex concept intensified in India due to the LPG (liberalization, Globalization, Privatization) adoption in the culturally complex India. Educated Indian elite have been influencing and imitating the western epicurean philosophy by applying In the Indian atmosphere. Iam not at all condemning the western philosophy. we can adopt western thought, but it must be filtered to fit into Indian environment, rather than dumping in raw.
I would like to go through the genesis of why Indian educate elite stress much importance to this epicurean and hedonistic culture. Money and caste have been playing crucial role in Indian matrimonial alliances. Majority Indian families, still, unable to welcome their kins proposals to marry their love citing caste , money and status. This kind of hypocrite attitude made fractures and strains to Vedic Indian culture.Recent survey observed that more than a quarter of India’s youngsters have premarital sex. Love and inter caste marriages without approval of parents are increasing day by day particularly in urban areas by questioning the validity of Hindu family and marriage system.Swami Dayananda Saraswathi, predicted this kind of family crisis in the very last century, encouraged inter caste and inter class marriages for uplifting the unity among Hindus.
I personally welcome the judgement as it is protecting the interest of the people’s very civil and fundamental right to live according to their wish. But, Iam sure, youth may not understand spirit of this judgment due to mediocrity.Legally, supreme court has played its role in decent and smooth way by ensuring freedom of right to live.But, people should remember ethics and social norms. We must understand the very differences between ethics and law. Law cannot prescribe how should we live, it was ethics and social norms which explain the essence of living in welfare model.
I recall the words of Swami Vivekananda and Sri Aurobindo, who used to say the essence of mixing western and Indian philosophy for the awakening of Indians from orthodoxy to practical Vedanta for better living.