Restriction and Gender Free Contractual Live In : A Futuristic Solution
Rajiv Upadhyay
While the normal marriage is being increasingly shunned by normal people as it has become so tedious and one sided due to perennial interference by courts and laws, particularly for hindu marriage, It is surprising why two same gender people are seeking same format for their ‘Live In’ relations . Indian society still abhors open display of same sex relation but following the Western pressures courts have de criminalized it . This is about the limit our society can permit though any child turning LGBQT is still a matter of shame in families in the whole Indian subcontinent as brought out so vividly in the Pakistani movie ‘Bol ‘. In future there will be similar demands for polygamy and polyandry too due to skewed sex ratio or large number of single parent families . Also as done by Bangladesh by legalizing prostitution , it has to be accepted as a social reality .
However recognizing the human angle, a new social and legal solution has to be found for any two or more people wanting to live together by their own rules rather than following the traditional rules or laws, out of their free will or choice. Unregulated living of Hippism was a disaster . However it should have a new name and not be called ‘Marriage ‘as it brings in plethora of problems of precedence, court rulings, religion etc .
The national criminal code must be common for all citizens but free ‘Live In’ in any form should be moved out of criminal laws but covered by civil laws only . People should be allowed to draft their own terms in civil contracts. Normal marriage or divorce laws should not be applicable for this relationship. Children below 18 years must be protected from such ‘ live in’ or contracts .
Any adult must be protected from any form of physical violence but not unverifiable emotional violence which opens a legal pandora’s box . Also considering its abhorrence by majority/normal society, its public display or publicity should be banned or restricted to nominated areas only . Bonded labour in any form should be prevented by clearly defined laws but must be liberal and non intrusive . Ultra Feminist lobbies have become exploitative for men who now need freedom and protection from social and economic exploitation particularly when both partners are working . Mark Zuckerberg’s settling future divorce compensation in the initial marriage contract or Islamic ‘Mehar ‘ could be an example. Wives of likes of Bill Gate or Jeff Bezo demanding half of their earned wealth is an extreme aberration and undesirable . Also the share holder of wives shares cannot be punished by inexperienced management ! Terms of ending these relations should be decided in advance in contract .
Another contentious area will be surrogacy, illegal children , adoption of children or getting children from rented wombs and inheritance. These should also be included in marriage contract as per free will . At some stage care of old parents too will need settlement. Whether both partners can have these rights equally would an area needing settlement in advance .
However , as stated earlier, like prostitution , these social realities have to be accepted and decided, striking a fine balance between individual rights of both the majority and minority .
Instead of accepting a western social narrative we should have courage to draft a proactive policy .
