Jaipur Dialogues Hindu Marital Traditions on The Crosshairs of Adultery Law – Supreme Court and CJI

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Shruti Dasgupta

Guest
The Supreme Court of India, under the leadership of CJI Chandrachud, has once again set the stage for controversy! Marriage and its core tenets are again on trial by the judiciary. Recently, CJI Chandrachud stated that adultery should be decriminalized and the wife should have sexual autonomy. Here, the remark clearly adheres to the WOKE definition of marriage as a mere contractual agreement between consenting adults! This base understanding of a union between two atman is contradictory with the sacred Hindu concept of Vivaha.

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The apex court’s move to declare the adultery law “unconstitutional” is not a trivial matter. In 2018, the court had effectively placed individual autonomy over the dharmic essence of marriage. While the Wokes celebrate the recent statements as a triumph for personal freedom, adherents of Sanatana Dharma ponder whether the court’s stance aligns with the sacred and dharmic principles embedded in Hindu marital traditions.

Hindu Vivaha as a Dharmic Commitment

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Contrary to the Supreme Court’s perspective, Hindu traditions perceive Vivaha as more than a contractual arrangement. Sanatana Dharma teaches that Vivaha is a dharmic decision, binding the karma of two individuals’ atman in this lifetime and beyond. Fidelity, loyalty, and mutual respect are not mere vows but ingrained principles in the fabric of Hindu marital traditions.

The union between a man and a woman is considered a journey towards spiritual growth, guided by the principles of dharma.

Preserving Sanatana Tradition in a Shifting Landscape

SC : Everyone who stays in India will have to act as per the culture of India.#CJI promoting adultery is which culture of India?

Allurement for conversion is dangerous, but allurement for false case of Rape, Domestic violence is not dangerous.#Youth #law #GenderBiasedLaws pic.twitter.com/vski7NFhcP

— Abhas Kushwaha (@BolAbhas) December 5, 2022


The Supreme Court and CJI continue to test the bottom line of Dharma! Additionally, the broader implications of their statements on traditional Hindu values are becoming increasingly apparent. The sanctity of marriage as an institute is steeeped in Hindu traditions. Hindus should not be forced to let Vivaha become a casualty of contemporary Woke interpretations! While individual autonomy is pivotal in modern Bharat, it should harmonize with, not overshadow, traditional values.

In Sanatana traditions, marriage is not a mere contract; it is a sacred commitment between two divine entities, two ‘ansh’ of the Paramatma. The court must refrain from challenging the dharmic essence of the institution of marriage, which goes beyond mere promises or contracts. The principles of dharma should always guide decisions on cultural and moral issues.

Upholding Eternal Truths: Criminalizing Adultery

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In a Hindu-majority nation, the Supreme Court should be mindful of the sentiments of the population. Criminalizing adultery serves to preserve the sacred bond envisioned in Hindu traditions. Instead of striking off adultery, the court should criminalize it for both partners. This would emphasize the equal responsibility of both partners for fidelity in a marriage. These eternal truths should be upheld to prevent the distortion of marriage into a mere transactional arrangement.

Thus, the Supreme Court should strike a delicate balance between tradition and Woke progressiveness. Moreover, the essence of marriage should not be put on trial in Bharat in the name of Wokeism. ‘Aaj Ye, Toh Kal Wo’ mentality should not be forcefully shoved down the throats of the majority! May the courts of Bharat comprehend the nuanced interplay between tradition and progress! May they stop putting marriage on trial in the guise of wokeness protected by pseudo-feminism!

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