Sunday Reading

New Delhi, 9 June 2010

Pre-Marital Sex

LEGALLY RIGHT, MORALLY WRONG

By Dhurjati Mukherjee

The Supreme Court recently reaffirmed that pre-marital sex doesn’t amount to an offence under the Indian law. It further stressed the need to tolerate “expression of opinion in favour of non-dogmatic and non-conventional morality”. A three-judge bench headed by the then Chief Justice, K G Balakrishnan, pointed out that: “While it is true that the mainstream view in our society is that sexual contact should take place only between marital partners, there is no statutory offence if that takes places when adults willingly engage in sexual relations outside the marital setting, with the exception of adultery as defined under Section 497 IPC”.

According to the present social milieu, the Court said that though some view pre-marital sex as an attack on the concept of marriage, a significant number sees nothing wrong with it. This conflict of opinion on morality did not make pre-marital sex an offence. It noted in this context that notions of “social morality are inherently subjective and criminal law cannot be used as a means to unduly interfere with the domain of personal autonomy”. 

With this observation, the court quashed 23 complaint cases against South Indian actress Khushboo whose remarks on the prevalence of pre-marital sex in cities raised a major controversy. The bench did not understand the uproar over comments on pre-marital sex and live-in relationships saying the apex court had in 2006 held that live-in relationships between two consenting adults of opposite sex did not amount to any offence, with the obvious exception of adultery. It further pointed out that in some indigenous groups within our society, sexual relations outside the marital setting are accepted as a normal occurrence.

It is well known that in India, marriage is accepted as an important social institution but there may be also several small groups that may not believe in it. Viewed in this context, the court’s judgement may have far-reaching consequences. Traditionalists may not appreciate the court’s views, which obviously have been given from legal considerations without much credence to the social consequences.

The wave of modernization and the growing influence of Western culture and values have no doubt set into the Indian lifestyle, specially in cities. However, it is important to ponder the effect of these influences on our social fabric, both in the short and long term.

One is reminded here of the great psychoanalyst, Dr Sigmund Freud, who came out with the thesis that the only reason for attraction of two persons from the opposite sex is to enjoy sexual relations. This is essentially because of lust and greed. Thus, if free sex is allowed to prevail, the resultant affect may be the breaking up of the institution of marriage. In fact, initial signs have become manifest and only time will tell the ultimate consequences in the coming years.

Though traditionalists have been harping on this aspect and the need to limit sexual relations, one cannot deny that pre-marital sex has been on the rise. Moreover, with different types of protection now becoming available, sex before marriage toio appears to become common. Surveys among students have revealed that they indulge in sex with  their friends. Also sexual relations among consenting adults after marriage appears to have become fairly common, if one goes by the glossy magazines in the country.

The result, however, to the traditionalists is clearly unhealthy. The increase of HIV-AIDS, the breaking up of families, a rise in suicides, the growing promiscuous behaviour of working women is a common phenomenon that is being witnessed. Sociologists feel that such trends are on the increase, as in Western countries, and may affect the strong family ties and traditional cultural values and ethos, which India boasts of.

There is need to limit our wants and live in peace and harmony. But if indiscriminate sexual relations are allowed by religion and society, the social fabric is bound to find cracks. One needs to mention here that if respect for traditional Indian and religious values are adhered to, the incidence of pre-marital or post-marital sex between non married persons would come down. It would be wrong to follow Western cultural practices as these have not brought peace in most families in spite of great prosperity.

At this critical juncture, when social and cultural values are in a flux, there is need to ponder on these vital questions affecting our life and society. These are all the more significant for the young generation, who need to grow up in a society free from prejudices but which has the resilience to bond people and communities together.      

The effect of the media, specially the electronic, has had both a positive and negative impact on the young minds. The wave of consumerism and newsy bits of  the promiscuousness of the West appear to unnerve young minds who feel all but tempted to emulate the “free world.” The revealing dress code, the urge for free sex, the lifestyle of models and actors/actresses may well instill some unethical tendencies which go against the normal Indian social principles.

In India, a majority of women and girls live in rural areas and a significant portion of  them are not literate. Most are not even aware of the protection that needs to be taken in this regard. For this section, pre-martial sex could cause problems and may affect social relations. It is unfair to just think of the urban, educated women and harp on the saying  that sex before marriage gives women their freedom.     

Letr us not forget that the social, economic and cultural background of a country is important in arriving at such vital decisions. A country which is plagued by illiteracy, poverty, squalor and has 65 per cent of its population residing in rural and backward areas should not try to blindly emulate western standards and lifestyles. A traditional society with deep respect for social and cultural values cannot and should not imitate another with different behavior patterns, value judgement and attitude towards life and living.

Indeed, to this writer pre-marital sex does not look conducive to the Indian ethos. The honourable judges should have considered aspects, other than just legal before pronouncing the verdict. Going by our valued standards, sexual desires need to be controlled before one reaches a certain age and enters into wedlock. ---INFA

(Copyright, India News and Feature Alliance)