Dinesh Kamath's Editorial 'Is this verdict or personal opinion?' that was published in Newsband

Is this verdict or personal opinion?

The Madras High Court’s view that pre-marital sex between an unmarried man and woman, otherwise unencumbered by any third party interest, amounts to marriage is truly outrageous. According to the judge, the physical consummation between a man above 21 and a woman above 18, arising out of “sexual cravings” would be considered a “valid marriage” and they become “husband and wife”. He adds a strange observation that when a couple seeks to separate after being in a sexual relationship, the ‘husband’ cannot marry anyone without getting a divorce from the ‘wife’.

The judge seeks to incorporate a highly personalised view of sexual behaviour into the concept of marriage. None of what the judge has said has any basis in law, either modern and codified or customary.

In a liberal society there must be a total and full liberation of the sexes for the better instead of the drab, loveless, bondage called marriage among the large numbers of couples. This judgment shows how conservative thinking we have in this society. The idea of calling living in couple and having pre-marital sex as equivalent to marriage is absurd. You can't just make new laws or interpret a law differently based on your personal opinions.

The law and order in India is overstepping its boundaries; It's totally unjustified for a judiciary body to preach morality - that is not its job. Not only have they not thought this through but they have made the gender discrimination in the country more prominent.

India is a country where the sex ratio is dwindling - pointing steadily to the fact that ours is a country that favours the patrimonial subjugation of the women and what this decision goes on to do is to widen the exact same gap between the two genders - showcasing that women are weak and hence need protection. They have not discussed the ramifications such a decision might have in the future and the way it can be misused, which can lead to the incarceration of the innocent.

These half baked morals against the expression of freedom (which in this case is the right to have sex) will have a negative influence on the society. The judgment is a cure worse than the disease. In other words it is likely to create more problems rather than solve the existing ones.

The judgment might have far reaching consequences and will tempt a couple, who are just lovers, to indulge in pre-marital sex with the ultimate aim to get married. They may claim to have had engaged in sex even though they were waiting to get married but are denied the permission or consent of the parents to put pressure on them. They will start living without any sanctity of time tested ritual called marriage and the importance that we attach, as a matter of right, taking umbrage under the legality of having attained the age to become majors.

The judgment and the observations made - notwithstanding the instant case - needs to be revisited again for the good of Society in the backdrop of the fact that already, we are experiencing the decades of decay in marital relationships and the resultant crimes, with the passage of time.