Indian 'Lawmaking' is just some 'Disastrous mechanism' of law makers -
Idea of Divorce of marriage is scathing attack on emotional bondage of Human Life sustenance, as it alone make life some what sustainable if not, there is 'No Society at all' is in existence. I say.
If suspicions surround life always, are we some animals, because of suspicions of some so called myopic dangers only simply cause war of every living being that way life became just 'brutish and short'.
Life without complete trust in some very close by one, say - 'the wife or husband, father and mother' how can you become father and mother for newborns, 'newborns' live just on complete trust the father and mother will I separate; if not what life we can live and assure the newborns- for very living of newborns father and mother bondage is vital - so marriage became an instrument publicly announced that this man and that women will live as husband and wife and their newborns are their progeny that way is born the very 'family' as such; if not what family is possible , every man need to think and ponder.
That only motivated me to write some series of articles on 'Marriage ethics and morals'.
Without sensible marriage between man and woman, what, will there be any country with people, think a while dear Man, if you are really manly - you need to be adventurous to be a well boded husband and wife by assuming life is itself some devotion unto the Lord, or God you trust !
Divorce Laws are indeed some heartless idea ;
For any Law maker to involve in - issues of 'marriages'. He shall know 'Marriage' between Aman and a woman - 'Monogamy' became prominent, for having tested all kinds of marriages concepts after man and woman by living promiscuous and sexually promiscuous realized the promiscuous life is just brutish and short - that is enacted by every 'rape' that takes place when one refuses when other forces upon , life becomes unsustainable some one would just dies of injuries or killed by some rude person, that way we have too many 'Nirbhaya' issues, the courts have not solved but by handing some death sentences , there is 'No certainty in any life of a woman' - so courts obviously failed for 'punishments of any kind will not help better man and woman as such - Man has not learned the importance of some morals and ethics of living - ethics and morals need to be your own second nature in every man and woman - as 'Love' as such failed, as there is nothing called 'love of permanent life and living' if so what do we make use of the thought called 'Love' except cheating ourselves.
Without trust there is 'No God', at all;
As parents, we need to know, basically the husband and wife need know they ought to trust each other, even if there re deficiencies in them - as there is 'No ideal wife ' or 'No ideal husband' as man by nature is full of deficiencies epitomed in , God never created a perfect Man as such that shows very God Himself still in darkness groping on imperfections only is the truth.
So in 'No temple' you get perfect god or goddess images or statues, for every sculptor puts his ideas of what God or Goddess shall be; that way under same name , same god goddess get images or statues but in different forms - when you cannot rightly frame an image what you can frame as ideal as wife or husband but compromise is the philosophy that emerged, as we wanted that there 'shall be progeny of man through family structures'; so 'Marriage' means - 'sustained compromises' in very many things - that led man to accept 'Compromise' itself is some conciliated medium that is the 'very art of life and living' , man realized, for there is nothing ideal is available in life of any Man - but with in limited parameters , try for some 'ideal ' you think if not realizable better give up in favor of compromises - that way in the ancient days - young brides married old men , who can reasonably maintain a family - not out of great sacrifices but out on need to live and let live that was the idea of the olden day marriage (means a lot of compromises);
But when sex assumed importance that become a prominent factor - man started thinking, that it is ideal both partners are of equal age;
Initially then 'same age bracket group';
But same age bracket means husband (bridegroom) may not be settled in life when so how will he run a family to provide food, clothing and shelter to the depending wife and dependent brothers and sisters and dependent old parents
Marriage itself is based on some sacred law of
contract of compromise in securing life of Bride till her normal demise -
that way is the very Institution of Marriage is conceived in Hindu dharma shastras -
If you make changes by your so called ideas of
law making you turn out to worst terrorist - as you break the emotional bond
between spouses, that way the 'breach of contract' is some normal behavior Man
if so why contracting at all?
Will be the next question one has to answer.
Law of contracts is perceived that even if some errors take place better compromise with and continue the contract of understanding;
With that idea only, the very Negotiable instruments of Act is contrived in 1881 y Lord Macaulay without any criminal sections there like today's so called sec.138 as our great law makers of India conceived - does it work meaningfully without some compromise? Obviously Not every one of us need understand -
As Life is flexible, when very life itself is flexible how can you make thing rigid at all you need to question yourself and you need to realize section 138 in the Act is obviously meaningless proposition, as te very 'Act is just some civil Act',
Just the same need meaningfully compromise with the contract of understanding is the concept of the very Act - no rigid laws ever worked in the world -
see you have imaginary lines called in geography said equatorial, tropical and temperate and Arctic pr Antarctic circles and you just imaged some degrees to be attached to the lines-
Whether these lines work very strictly as you imagined?
Obviously, not, is the fact, as climate changes just take place with such broad based parameters only, not strictly rigidly.
Every law is some paradigm of 'approximation'; so don't crowd and over crowd with too many sections there that will endanger the very law - besides affecting the Apple cart kind life. That way is born very Conflict of Laws as such.
Before I answer 'why contracting at all?,
When I read Ramayana and Mahabharata, with special reference to marriages then, in case of Hindu marriages of today from then on, for better understanding.
I come to know-
When Sri Ram (as a boy) was taken by Saint Viswamitra from King Dasarath of Ayodhya, for helping his yaga to be conducted in safer surroundings - some serious work saint Viswamitra had in his plate ;
besides he has to equip Sri Ram some great learning of Archery and use of Arrows with super powers, as his Master, as also Saint as the Master of Ceremonies he intended to perform.
This Master really thus influences the life of Sri Ram as his disciple. The Gurukulam is the basic school for all Kings' progeny - why so?
The basic reason is 'highest Morals and Ethics of Life' are first taught, before he (Ram) is inducted in other areas of Knowledge as such. When you are a human being, you ought to be human meaning; 'humane' by yourself, being a 'Man' by high birth.
Man, without 'human touch', (he) can never fit into any civilization or culture and as matured in civilization and or culture, is the perception.
Human touch is most vital element in Man that beeds pervade him in his relation with his own spouse as a practice note daily to him, then only he cab have human touch with dealings with others who come across in his life - so your own spouse gives you enough practice in your daily dealings you are involved with her that way you get honed duly and properly is it not?
If honed rightly, you become day by day civilized and cultured human is te paradigm here,
Without civilization or culture you can never become a full Man, to be called to be a fully matured Human, is the basic concept of that is taught in Gurukul too in theory but practice is you are nvolved in daily chores there in the Ashram (doesn't mean some old men rest house full of idleness!)
That way 'Gurukul' only makes one a fully matured human being , that way 'Gurukul' is the first second school of learning ;
Since you pass through childhood in the first setting of family school - where you have father and mother as' your basic creators', supported by their old parents too, besides 'kins' to ensure you get your first 'nuts and bolts' of living ;
As some child in the surrounds of father, mother, grand parents, brothers and sisters, a first commune with a common kitchen, that takes care of your food needs as conceived by the family .
Once this step gets over, you have to know your 'Karma yogic ' knowledge ' of living is based on, different stages called, growth parameters.
You see here in this short note, we see how Saint Viswamitra, a raja rishi (not a Brahma rishi like Vasishta Maharishi) guides Sri Ram to pass through stages of life.
He, as Rajarishi, and Vashista Mahariah, I really help mature Sr Ram as an 'Adharsha' Purusha ('exemplar human being'), the world cherishes him so, - the civilized world in eastern hemisphere was 'India called Bharatha Kanda (a sub continent with all characteristics of 12 vegetations, 12 climes and thus some holistic land piece spread in between three main zones - Temperate- Torrid and Equatorial) zones , that way a holistic kind of nation was built then, with good civilization and culture unpolluted.
That way India was a great destination for all the world over; then as world just admired India and Indians,
By Adharsha we understand one is 'commitment oriented person', that is vital in relationship, if not you are some time server only ;
When he married Sita, daughter of Janaka of (Mithila), both were committed to each other till end; Even in Ashoka vana of Ravana Sita was still devout committed spouse to Sri Ram;
She did not walk away from Sri Ram just, got subdued by Ravana; so even Ravana and Mandodhari were devoted each other; but he as Rakshasa King, he could have had inclinations on several women, but obviously not; but he only zeroed on Sita devi, for some obvious purpose ; that he can be get killed only by Sri Ram , being an Awatara Purusha - some Maha Vishnu Awatar -
That is what Ramayana cites -
Ramayana did not say, any where Ravana was so bad King as such - for Lanka was well ruled per 'Dharmic Shastras'.
So even Rakhshasas had some kind of 'morals and ethics' then;
Though King Dasarath married four women to be his queens only state, the senior queens allowed or consented , for some reasons, so there used to be some very great harmony in the household, step mothers never behaved the way we see in India today.
Then you can observe there was nothing called the senior queen to be left in lurch , under some garbage like the idea of 'divorce'(now touted) ;
but all the queens were looked after is that paradigm, then too, the children, all are provided necessary ways of life too; so conflicts among brothers were very scanty or never was there.
In the 'Dwapara yuga', that is Lord Krishna's period well high lighted in Mahabharata; the ethics and morals slightly changed ,
That way paradigm of dharma (right law and order) , that way when Kunti bore Karna as a son to Sun God (may be some reasons obviously before one gets married) or she was a widow of some one great warrior ,that was an accepted situation to King Pandu; beginning of accepting widow remarriages, something like that one needs to read.
But not common;
so when King Pandu, just accepted that situation, Kunti just admired him and thereafter she agrees to marry him though he had some serious skin disease; else probability of marrying is remote, King Pandu who had seriously suffering from Leprosy (though we call some Pandu', itself is the name given to the very disease called 'Leprosy'); She scarified herself obviously meaning all other four of her sons by birth may be by some surrogacy of some royalty women - not revealed at all; it means rehabilitation medicine and surgery could have been in practice in that 'Dwaparyuga; she admired his great perception on human biological reasons;
And besides his other children seem to be born for some reasons of his impotency might be'; that way all her five sons are obviously from 'four other persons semen' lent - means there might have been advanced medical gynecological intervention like test tube babies as is found today ;
That means there could have been advanced medicine and surgery - but for them present science of medicine could not have so fast improved
But yet the medical sciences do bear some great guidance from principles and practice of medicine and surgery, then
As surgery too was very prominent due to frequent wars where a lot of soldiers were badly injured or dead leaving their widows too and their children -
That means 'widows' need be rehabilitated is some well recognized fact;
That way Arabs Muslims might have gone into, for 'four wives' concept, that means 'No woman need be kept as widow' for her life would become miserable due to exploitation by other males - indeed 'widows' were allowed to be taken as second or third or fourth wives by that time span man loses his potency too could have been the reason;
Or, widows remarried were however well maintained by taking care of heir needs only;
That way 'ethical and moral development' could have taken place then, probably, one can surmise; - a perception feeding to history of human development under human development dynamics research even in those ages;
Law making then is 'not' like that is done by great law makers of today; as these law makers make laws just as some one makes some 'toys', toying on some irrational approaches - while in England , law making is not that easy as is done in the Indian parliament and state legislatures are involved -;
Here all scoundrellism produces some statutes or the like, at the drop of the hat - so I call Indians today 'Lawmaking' is just Disastrous mechanism
Like Mark Twain says - 'difference between right and almost right is the difference between 'Lighting' and the 'lighting bug';
That way every dharmic act ought to be well tested if not that will be like what Mark Twain says cited above 'obviously 'lighting' is great of some great consequences, but 'bugs' might be some kind of virus but that need to be removed like computer vires is removed, is my view.
Coming further on the history of marriages - marriages are always based on great sacred instrument of or sacred marriages based on 'Saptapadi;' - means a 'perpetual living contact all through the life of both persons - male and female (for this bondage is based on unbreakable emotional reinforcement)' that cannot be killed under the Sun - is the 'sum and substance' of Saptapadi ;
That way, in the past, the wife assumed a proportion of 'Mata Devi ' (Mother Goddess to that family of her husband) ;
Mother is always a goddess - so we call India as 'Mother India' but you don't want to treat your mother like that goddess;
You will not just because you failed to treat your wife as some goddess but for her you cannot have any kind of children - you need to know;
How can some so called Law maker change your course of life one needs to know
So I call Law /makers are just some kind of devils who cite scriptures -here some constitutional proprieties but obviously do go without 'limitations on them' whereas under fundamental rights , they can never infringe your fundamental rights as Art 368
It puts a bar on parliamentarians or legislators in states they are nobody to modify your fundamental rights -
If you read CJI Mr. SR Das (FB) view in Champakam Doraiswamy V st of Madras (1951) famous judgment - obviously all law makers ought to have understood the impact since 1951 on but they play havoc on the citizens of India one needs to know, in fact even Apex court gets confused with divorce statutes.
(To be continued)