India's changing sexual mores and the Supreme Court
The court got worked up over the definition of a "domestic relationship" - critics frowned at the language it had used in defining a mistress - after a school teacher appealed against a family court judgement asking him to pay 500 rupees ($11) maintenance money a month to a woman, with whom he had allegedly had an affair. The woman says she married the teacher. The teacher denies it, and says he was already married when he met her. Now the courts have to decide whether the teacher's relationship with the woman was a "domestic relationship" and whether she was eligible for maintenance.
That was not all. The court hinted that a domestic relationship, something akin to marriage even, would possibly suffice to define a "domestic relationship". In doing so, the judges even referred to some of the common tenets of the Common Law Marriage - borrowing from Wikipedia - followed in countries where such arrangements have legal status: the two must be of legal age of marriage and must have "voluntarily cohabited and held themselves out to the world as spouses for a significant period of time", among other things.
In a country where talking about sex and relationships largely remains taboo, it is interesting to see India's highest court debating relationship outside marriage. Marriage in India is intimately tied to sexuality. "It is almost if marriage laws exist to legalise sexuality, punish any deviation from legally sanctioned rules and, of course, to legitimise the children of the marriage," says lawyer Indira Jaisingh. The fact that the courts are according legitimacy to relationships outside marriage is welcome and shows they may be facing up to realities.
Earlier this year, the Supreme Court ruled that a man and woman living together without marriage was not an offence, as some believed. "When two adults want to live together what is the offence? Does it amount to an offence?" the judges wondered. The observation was in response to a petition filed by an actress who had been accused in 22 criminal cases after she allegedly endorsed pre-marital sex in media interviews. Interestingly, the judges even invoked Krishna, the God of love, and his consort, Radha, who, according to legend, lived together. Last year, the court ruled that a man demanding a dowry from his partner in a live-in relationship could also be prosecuted under the country's anti-dowry laws.
The Supreme Court is only taking note of the fact that sexual mores and attitudes are changing. For a society that gave birth to some of the greatest texts on erotica - including the Kamasutra - Indians have long been squeamish about talking about sex and relationships. By contrast, India's classic erotic texts are explicit, matter of fact and non-judgemental about sex and relationships. The country has a highly evolved tradition in erotic temple sculptures and erotic texts on palm leaf. Many historians believe that the arrival of evangelical British colonials to cleanse the "dark land of heathens" dealt a blow to a "vision of the world that accommodated desire with such intensity and dignity". Later, Mahatma Gandhi himself opted for celibacy at the age of 36, telling the world that sexuality was "poisonous" and passion a "distortion". Equating sex with sin and desire with guilt has led to what social commentators say is a climate of "hypocritical morality".
But India is changing, and it is heartening to see that the highest court in the land is taking note of it, and speaking it's mind.
~RS~q~RS~~RS~z~RS~13~RS~)
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If "...the judges even invoked Krishna, the God of love, and his consort, Radha, who, according to legend, lived together...", there is an additional twist to Radha-Krishna mythology. If memory serves the reader correctly, Radha supposedly was Krishna's aunt (maternal uncle's wife)!
Mon Dieu!!
(Pun is strictly intended.)
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Mr. Biswas is wrong about Gandhi. He took a vow of celibacy at the age of 36 and not 23. I don't know where Mr. Biswas got the information about Gandhi. He never said "sexuality was "poisonous" and passion a "distortion"". Gandhi has emphasized about controlling passions and sex but never considered sex=poison. Mr. Biswas has no knowledge about Gandhi.
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this really seems to be about more equalized protection under law for all people. throughout history(pre or post B-rule, pre or post M.G. in this case as S.Biswas so astutely tosses all & nothing into the mix), some people are legitimized & some are not.
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I am particularly fascinated by the Soutik's reference to few dominant historical interpretations on the arrival of evangelical christians and the supposed influence this historic arrival had on the hindu view of world. to be frank, Hindus have, for the last four centuries or so, been in a great dilemma of defining the Dharma they believe in, and through which they try to define themselves. take, for example, the debate on idol worship in Hinduism. while the nineteenth century social reformers like Rajaram mohan roy and Swami Vivekananda announced loud and clear that the idol worship was a great evil in the Hindu religion, today's so-called Dharma Paravarthana leaders, who otherwise often appropriate roy and Vivekanand for their own propaganda, can be seen promoting, infact inducing, the idol worship among the innocent masses. try to inquire these parivarthana leaders why they subvert this part of the teaching they received from their enlightened gurus, they would tell you that the nineteenth century opposition to idol worship was solely due to the impact of evangelical faith. their impression is that even their great modern sages like Vivekanand could not escape from the intruding influence of the evangelical missionary faith.
now, to be specific to the present post on changing aura of legal interpretation of sexual practices in India, it is still a mystery why Gandhi chose to follow Celibacy despite his cute awareness of age-old eratic tradition in Hinduism. at any rate, most Indians, myself included, are quick to atribute every social evil to the British rule in the Subcontinent. watch carefully how the interpretation of the term "keep" is going to turn around! the obvious conclusion would be, as usual, (just I am making a guess) that this english term cannot be applied to describe the precious relationship between man and woman, particularly bharat purush and Sthri.
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It was not British Colonialism but Islam that changed the 'sexual climate'. The change in art stles (form and content) coincided with the invasions of various Muslim armies via Persia and Afghanistan. The least affected area (the South) retained the imagery (and the temple styles) into the Modern.
Don't blame British colonialism for 'cleansing the "dark land of heathens". The British interest in the beliefs and practices...(other than suttee and thugee) was very light touch, indeed.
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Unlike earlier conquerors who assimilated into prevalent social systems, Muslim conquerors retained their Islamic identity and created legal and administrative systems that challenged and destroyed existing systems of social conduct, culture, religious practices, lifestyle and ethics.
M. S. Asimov and C. E. Bosworth, History of Civilizations of Central Asia, Vol IV:The Rise of Islam and Nomadic and Military Empires in Central Asia, Paris: UNESCO Publishing, 1998, ISBN 92-3-103467
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It is delusional to say that sexual mores are not changing. They are changing considerably, and rightfully so. Two consenting adults have the right to decide if marriage is right for them. It is not the function of the court to pass moral judgments. One can say that what is truly dangerous to a healthy society are rigid societal rules that do not allow for individual freedom.
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11. At 10:22am on 23 Oct 2010, suparnag wrote:
It is delusional to say that sexual mores are not changing. They are changing considerably, and rightfully so. Two consenting adults have the right to decide if marriage is right for them. It is not the function of the court to pass moral judgments. One can say that what is truly dangerous to a healthy society are rigid societal rules that do not allow for individual freedom.
Supernag, Name us a healthy society, past or present.
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Unlike UK,luckly there is no single mum benefit in India .
Imagine what would happen ?
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Interesting theme this! As far as I am concerned- to each man his own. One's own perceived moral values simply cannot be enforced on all and sundry. An edict on relationships? That would be quite amusing.
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Come on now, dont start with India is changing. The only change is that the so called middle class is talking about stuff openly. Car Keys parties have been openly practised in the metros right from the time of independence. Teenage sex has been there ever since ....Let me also tell you one thing, the climate and food of India is such that one just cannot do with a physical relationship, its a must. What you are seeing and the most important point which ofcourse Sautik has forgotten is the court giving guidlines as to what can be "compensated"... so that no woman can claim benifits from a man for a one night stand and then expanding on it further. I am surprised that Sautik has failed to read the judgement or understand it or trying to show that India is catching up? No dude, India is group of different INDIAs, every India is ridding at different paces. To that extent i would say only the British understood to some extent India and i am afraid to say that even Indians themselves have failed to understand their selfs. One big example is of Tamil Nadu, during 1962 China invasion, the Tamil political parties had to change their separatis agenda simply because this part of India was madly in love with the rest of India. So also Nehru had to disband a committee which was set to create nationalistic feelings among the citizens to stand united against the enemy.
Unfortunately for this great land only its leaders have failed every now and then with few exceptions. Having said this, i will only thank the British for giving us the India, we all know.
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