Wednesday, March 24, 2010

Indian Law , Sex, Religion and Culture

Supreme Court of India delivered a land mark judgment. "When two adult people want to live together what is the offence. Does it amount to an offence? Living together is not an offence. It cannot be an offence," a three judge bench of Supreme Court Chief Justice KG Balakrishnan, Deepak Verma and BS Chauhan observed.

In a shocking reference, the bench remarked "even Lord Krishna and Radha lived together according to mythology". I do not understand what promoted the honorable judges to drag religion into human relations. If they referred to any other religion, by now India would have been burning. 

This judgment though is in the context of on the cases filed against Tamil actor Kushboo, after she echoed her peronal opinion that there is nothing wrong with pre-marital sex or live in relationships. However, I think by headline message and comments, Supreme Court failed in it's social responsibility.

These remarks as reported bound to cheer votaries of pre-marital sex and live-in-relationships. I am sure that this is going to make further cracks in the Indian society and culture - as it is already struggling to survive the westernization onslaught.

Religion and sex are personal matters. But culture is a collective aggregation of any society. What we fail to understand is - it is Religion and culture that shaped the Law of the land but not vice versa. Implicit though, the paramount importance of the culture should never be underestimated.

Unless there is a balance among Law, Culture and Religion of the land - the society would decay. But while balancing - none of these entities should overstep and imbalance the system. These imbalances today, are the fundamental problem or biggest challenge for India.

As a secular country - Religion is not an integral part of the Indian constitution. Hence, all the Indians for the past six decades have been brought up with some incorrect norm - "if you speak religion, or do any thing religious in public then you are a fanatic". As a result even the so called religious people, honest and keen to protect the very basic fabric of religion are looked down. Added to that, the mixing the politics with religion, fake Swamis and their scandals have spoiled the reputation and thus Religion as one of the important fabric of society.

The immediate fallout of Religious crisis would have fatal impact on the Culture. We see all sorts of liberation in the mind and experience infinite freedom. This leads to wide range of fantasies that challenge the accepted morals and norms. As we see, not respecting learned, elders, teachers, not caring for the parents, becoming selfish and not looking beyond the I, and women failing to command respect by their own acts are the visible barometers. Free drinking by both sexes in public places, illicit relationships, premarital affairs, gay culture - all these are today accepted in India - some how, as a reflection of the changing times or (false) advancement of civilization. And this is the root cause of the today problems in the western world. The Church that wielded huge power unitl 1800's failed with the society and created imbalance by its own extreme right policies. Law remained a mute spectator. Today - all these countries in US or Europe (including the Church, Society and Culture) are facing irrevocable crisis. Broken families, fanatics, failed human relationships are some vivid examples. For all this, the law of those Lands played catalyst then and we are seeing similar thing happening in India now.

It is very important that Law, Religion and Culture have to be in balance for any countries health. Today for India, all the three are slowly but surely loosing credibility. For example by Law corruption is a serious offence. Yet the Indian system offers safe havens. India seems to have no answer but they have been fighting for decades. And they are lead by the same corrupt people. But, what Indians fail to understand is Law cannot do anything with this corruption unless Culture changes. Culture could change with morals and norms. And that is possible only with right Religion (you call it by any name, I do not care).

Similarly having Sex is not barred by any law in part of the world. But, there are some Cultural norms. If these are not in place, then there is no difference between intellectual human race and animals. Supreme Court of India might have a "right" to declare premarital or extra marital sex or relationships are lawful. Kushboo comments would not have any credibility but same is not the case with the highest institution in India.

But, it is for us, for the society, and for culture to decide if they are Rightful acts or relationships

Please do not create imbalances!

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