Yes, the Supreme Court, as if logic was not enough, has taken the example of Lord Krishna to justify its judgment that two consenting adults living together is legal. Now all you men, who are thrilled and rearing to “get it on” with your Gopis, please beware. The National Commission for Women has recommended to the Ministry of Women and Child Welfare that a live - in partner should be treated just like a wife as described in Section 125 of Cr. P. C. This section provides for maintenance of wife, children and parents who cannot maintain themselves.
The Supreme Court on Tuesday opined that a man and woman living together without marriage cannot be construed as an offence. Of course it is not an offence and it shouldn't be, after all what two consenting adults do with each other is their business unless of course there is a violation of human rights. But this has social ramifications. Indeed this clear decision of the apex court may make many couples and youngsters feel safer from the cops who beat them up at parks and the various senas who want to marry them off for holding hands. But they must also take care to know about the risks involved in live - in relationships and promiscuity.
Unfortunately, the modern media has discovered that bare - midriffs and cleavages are an easy way of filling space and time, in turn influencing the attitudes of young Indians and even the old towards sexuality. It seems the urban Indian suddenly has become sexually active, or should we say hyper - active, considering that many IT companies have reported plumbing problems as condoms have clogged their pipelines.
Suddenly youngsters don't find it too hard to say “I'm going on a date.” There is no hesitation to show off one's girlfriend or boyfriend and introduce them as such. The same goes for adult companionship. Middle aged men and women seem to act just as “cool” as their teen counterparts. But there needs to be an awareness; awareness of the dangers of irresponsible sex and contraception, especially among girls.
The idea of sex and contraception is an awkward topic in our society. A few years ago, a sexually active young girl would get advice from a friend or an older sister about contraception. But these days it's the internet, and internet doesn't necessarily have to be correct all the time. Indian men are one of the lowest users of contraceptives; in fact, it is being reported to be as low as 5. 2 %. So the onus of safe sex falls on women and unfortunately they may not have enough information to make the right choice.
Considering that there are numerous female contraceptive methods, women are bound to be confused as to what to use, as each one reacts differently and has a different kind of side effect. In 2007, an Emergency Contraceptive Pill (ECP) was advertised repeatedly in television and newspapers, but we hardly see it now. Why? Because in 2009, the Drug Controller General of India pulled down the ad because the pill manufacturer did not give complete information about their product.
It seems the emergency pill had lost its relevance as an “emergency” and instead was being used like a routine one. And the particular emergency pill did not educate the women about the long term effects of ECP usage which ranges from infertility to cancer.
The government needs to do more to promote safe sex. Men, especially in our country, must be encouraged to use condoms. It is not fair for a woman to shoulder the burden of safe sex at the cost of her health. The men only just pull on latex and may be suffer a rash. Also the government must make buying contraceptive, especially for men, less awkward.
I remember a married friend once telling me how he found buying condoms embarassing. It seems he went to a medical store and softy asked, “one pack KS please.” The salesman, being older, did not hear him and said “swalpa joragi heliyappa” (speak up a little louder please). So my friend, this time a little more audibly asked, “Sir, ondu pack KS, please,” the salesman once again asked “enu?” (What?) and this time my friend wanted to scream out his request but just then two older ladies walked up to the counter. He lost confidence and stood still like a deer before a headlight.
He then decided that he would wait till the ladies leave before making his request to the semi - deaf salesman once more. But for his bad luck, more people came to the shop. So finally, in desperation, he loudly said “Sir, please give me a big pack of Kamasutra Condoms. The largest you have. No, make it two mega packs.” Everyone in the vicinity turned to look at him, some men in awe, some women in shock and the salesman thoroughly puzzled. My friend then added loudly, “And please bill it under Rotary Club of Mysore, we are going to some villages tomorrow for AIDS awareness programme and we have to distribute condoms”. There was a sigh of relief all around.
My friend said he was relieved and happy as he didn't have to go back for over a year. Why must buying a contraceptive be so awkward and dramatic? The government should try to fix this issue with kiosks and awareness programmes. The Supreme Court has made the right decision, but it is up to the government to spread the word more than ever to the youth who are more exposed to sex and sexuality than ever before.
A win for freedom of expression:
More important than the Supreme Court’s decision that premarital sex and live - in relations are not illegal, is the fact that it was a victory for freedom of expression in our democracy that is stifled by frivolous Public Interest Litigations (PILs).
The apex court made the observation while reserving its judgment on the petition filed by actress Khushboo who was seeking to quash 22 criminal cases filed against her after she allegedly endorsed pre - marital sex in interviews to various magazines in 2005. The court said, “Living together is a right to life." Finally it seems the SC is sending a message that expressing a personal view is not an offence.
More importantly the courts of this land would do well not to admit frivolous PILs which only take away the courts’ time and our money. PIL is a fantastic tool of procuring justice for a common man, but it is now being abused to clog the judicial system; A judicial system that is already reeling under a shortage of judges and a backlog of over 27 million cases, a judicial system that is expected to take more than 300 years to clear the backlog.
But why are judges accepting frivolous PILs? Why must a judge accept a petition that asks for Richard Gere to be punished for kissing Shilpa Shetty? (Shilpa Shetty had no problem with it), Why must a judge allow a petition that wants to punish an actress for wearing a skirt? (The skirt had no problem with it; in fact many men wished they were the skirt).
A judge must ask if these petitions help the greater good of the nation or its people before accepting it. People who file such frivolous cases must be punished with a hefty fine because all they are doing is trying to garner publicity for themselves and clogging up the judicial system.
Cases against Khushboo should not even have come up to the Supreme Court; it could have been rejected at the lower levels itself. How can a person’s personal opinion on something as trivial as her preference for a particular type of lifestyle come to waste the time of the biggest court of the land? Let’s hope this apex court bench will take more such logical decisions and set an example for lower courts.
