Saturday, May 1, 2010

Ad hoc sex but under legal cover!!

Live- in relationship.


Last day he Supreme Court spoke through its judgment on live-in relationship and found that there is nothing wrong in this respect. One cinema actress namely Khushbu had in 2005 gave statement in respect of this theory and opined in favour of the same. Few activists filed criminal cases before magistrates and few writ petitions in the High Court. The Supreme Court quashed all the criminal cases against her. The day on which the Court pronounced its judgment perhaps the TV media had no other sensational news to kill 24 hours time; it took this subject to high light. In fact there is nothing special in the judgment to comment. The opinion expressed in the judgment is neither dogmatic nor pragmatic also. It is just a routine judgment and as usual TV media highlighted it. The TV media had no interest to arrange debate to discuss pros and cons of the live- in relationship and in particular its consequences. In fact practical approach to such relationship is just exception to section 376 Indian Penal Code where barring few exceptions rape with a woman of any age is offence provided it is done with free consent and that consent should be by a woman above the age of 16 years. When there is consent sexual relations will not amount to rape. There fore if a man has sexual relations with a woman with her free consent there is certainly no offence. But in case of homosexuality mutual consent for such act will also amount to offence. In such cases consent has so relevancy as law does not permit such act even done with consent.
What is important is what would be the fate of such woman having consented relations after the contractual period is over? What is her and her children’s right of maintenance. There are so many legal problems that the legislature had never thought about it in anticipation. Thanks to lord McCauley in whose regime law reforms took place and laws more that 100 years old are yet relevant as they were framed anticipating future consequences, which might have happened in future. After independence no such laws are yet framed. Our system of legislation is cut and paste and to frame laws on ad hoc basis. Indian Constitution is also not exception, provisions of which have been amended for not less that 110 times during period of 60 years. This is how our lawmakers are whom we pray very much with all exaggerations.
All said and done it is a subject where women folk have to think over it. But be sure that the Women organizations or Commissions will not have vast discussions over it as these organizations always see the dream of women empowerment and in such relations they might be seeing such empowerment.