State of Indian Judiciary

[Sushubh]

I am a bit confused. Since when did courts start giving rulings on morality and religion? Pre-marital sex 'immoral', no religion permits it: Delhi Court - Indian Express

"In my opinion, every act of sexual intercourse between two adults on the assurance of promise of marriage does not become rape, if the assurance or promise is not fulfilled later on by the boy," the judge said."When a grown up, educated and office-going woman subjects herself to sexual intercourse with a friend or colleague on the latter's promise that he would marry her, she does so at her own peril. She must be taken to understand the consequences of her act and must know that there is no guarantee that the boy would fulfil his promise.
"He may or may not do so. She must understand that she is engaging in an act which not only is immoral but also against the tenets of every religion. No religion in the world allows pre-marital sex," the court said, while acquitting an employee with a multinational company of the charges of rape.

 

[mhsabir]

I think he mentions that as his opinion, and the ruling was given was based on other factors like actual evidence which is also mentioned there.

 

[Sushubh]

I guess. I wonder how many judges go on and blabber about their 'opinion' about the ongoing case while giving his ruling
Also I wonder if the judge has studied all the religions of the world to make the statement.

 

[mhsabir]

 

[Sushubh]

I wonder who defines what can be considered as a religion.

 

[mhsabir]

Religious debates aside, the courts "decide" based on constitution and constitution allows one to practise their own religion/beliefs freely subject to a few things like how it affects others... Well there are atheists on whom the court cannot impose any particular religious belief, but some activities you do, if it affects others, the court may impose restrictions... Having said that, this would not be one of them.

 

[Sushubh]

Right. Pre-marital-sex is not against law based on this court case. Most marriage disputes I think are catered by religion specific laws? I think there is a Hindu Marriage Act which is used solely for hindu marriages. I imagine similar laws exist for other religions?

 

[mhsabir]

Yes, the Islamic Sharia is also there..

 

[sachins]

Well, you have to agree that religion and pre-marital sex don't go together.OTOH, the judge should not be using the "religion" argument as a basis for his judgement in a country with a secular jurisdiction. He should be disqualified.I understand the way our indian judges conduct their business. They suit their judgements as per the occasion and situation of the case. Here, the girl is the underdog so the judge is swinging the judgement in her favour.Yet, all these things do not change the fact that these girls are adults(atrah plus). They want the courts to treat them as small girls tricked by the big boys. Here too the courts tend to swing in favour of the "girls".

 

[goodburner]

Indian judiciary seems to be dominated by Jokers.