Is the Sacred Institution of Marriage dying in India?

Is the Sacred Institution of Marriage dying in India?

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The 158 year old Colonial era law came to an end and it was scrapped by the honour’ble Supreme Court ,  On 27th September , 2018.The law became defunct  by a judgement of the Supreme Court of India.

  One of the most important and life changing judgement was delivered by the Supreme Court of India striking down section 497 of the Indian Penal Code that is giving a green signal to the Adultery.

Section 497 of the Indian Penal Code was a section dealing with adultery. Only a man who had consensual sexual intercourse with the wife of another man without his consent could have been punished under this offence in India.

The unanimous five-judge verdict of the Supreme Court in ‘Joseph Shine V. Union of India’ did more than just striking down adultery as a criminal offence. Flawing the law not just for being discriminatory, the judgment upheld sexual agency, autonomy and equality of spouses within marriage.

The Supreme Court just to bring both the gender on the same pedestal passed this judgement but little did anyone know and think about the fact that this would effect the marriage that is considered sacred in india.

When there is no such obligation left upon the the partners to keep up there Bond and being true to each other  the only one side which was emphasized by the authorities was to  bring both the gender on the same step.

But no one thought about the sacred marriage , the spouse who’s innocent , the one who cheats on the other , the army man who left his house for duty

The judgement passed by the Supreme Court has murdered  the morals , ethics , culture , tradition and customs  of the Indian civilization at once.

Marriage is nothing to do with now earlier there was a bond ,love ,  a restriction maybe or not from the law that offence of Adultery is punishable which led to the act of keeping up relationship and staying loyal but now both the partners can cheat on each other that clearly states that here’s no loyalty left, marriage considered as a sacred relationship once is not as sacred as it was earlier.

Already the new generation is influenced by the traditions , customs of the west where marriage , relationships are not seen to be forever and on top of it when judgements like this are passed they deteriorate the long old following customs , values , tradition etc .

Why is it that our parents and grandparents were committed towards the marriage and not the new generation who files  divorce petition within a year of marriage and not working upon it , it’s because of the cultural exchange from the West , intolerance , lack of understanding and also such laws that contribute to failed marriages.

Justice Deepak Mishra, Former Chief Justice of India in his judgement on Adultery said  ” The beauty of the Constitution is that it includes the I, me and you. Equality is the governing principle of the system and that a husband is not the master of wife  “  In the face of all those Men Rights Activists who believed that the adultery laws in India were biased against men and gave women the “power to cheat” on their husbands with no repercussions, the Supreme Court rightly observed that the adultery laws in fact violated “Equality before the law” and treated women as properties of their husbands.

So thoughtful of Supreme Court to think so that it violates right to equality but what Supreme Court was actually supposed to was to criminalize the act of Adultery for both the husband as well as the wife

and not just  decriminalize adultery instead of punishing women for the same offence.

The courts on one side say that there are an abundance of cases pending that have to be finalized and on the other hand the Supreme Court passes such judgements.

The decriminalization of adultery also points towards the fact that “sancti- monious marriages” should not need laws to keep them in place. Fear of law should not be any deterrent to infidelity.

Adultery is not a cause of bad marriage, rather a consequence of it. If you don’t trust yourself or your spouse enough to be faithful, you are in a questionable marriage. The courts have more important business to heed to rather than punishing people for toxic marriages.

Conclusion

At the end it would  have been fine if the court rather than scrapping the law related to adultery would make it punishable for both the husband and wife  so that both stand equal and no Constitutional law is infringed in this way .

 In a way to respect all the  values that our ancestors inculcated in us that is marriage being a sacred relation. Any law that is passed doesn’t have an immediate effect but slowly and gradually it does so we don’t see an abundance of cases now but in future will surely see if a law like this exists.

Written by:- Rudrakshi Gautam

Pursuing B.A.LL.B. from G.G.S.I.P.U.

This Post Has One Comment

  1. Harshit

    Nice work

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