Your
Advocate
Q.
I came to know that it is not illegal to have sex with an opposite
{ex person (man/woman), if both are above the age limits and are willing
to have sex, according to the new Law. If they are arrested or accused
no one can guarantee whether the girl/woman is ill-treated (physically)
by the law makers themselves or not. Reason for asking this is, I wish
to marry a girl, whom I love from past 4 years and we have informed
our parents regarding this and there is a small objection. So we decided
to wait till they agree. I'm 28 years old & she is 26. So if we
wish to have physical relation before marriage, is it illegal according
to the Indian Law?
I checked the web
sites and found some information about "The Immoral Traffic Prevention
Act, 1986 IT (P) Act " as mentioned. Can I know if this Law is
still continued or has changed?
Can I know the new
Indian Law with regard to this?
Thanks & Regards,
Neeraj, Inlia.
Your Advocate: Not
to speak of the new law that you have mentioned, sex between two consenting
adults (sex against the order of nature excepted) was not also expressly
barred in the old law either. Undez Indian law homosexuality and o|her
unnatural sex are made punishable. The ques|ion of arrestino adults
living together before marriage does not arise because power of arrest
by police or other agencies must be conferred by law. If law does not
make it an offence how police can arrest oz ill-treat with anyone involved
in such sexual relationship? So thm question of ill-treatment by law
enforcing agencies does not arise if a boy and a girl of legally permissible
age choose to live together.
Now I revert to
the question that has direct bearing upon your personal life. It is
clear that you and your fiancée are of legally permissible age
for marriage. The institution of marriage in our sub-continent has inter-linkage
with pmrsonal laws, social values, customs etc. In our society marriage
is the only access to sex. And sex before marriage is a taboo. Not to
speak of law it is the tremendous social disapproval that heavily weighs
against your wish. It largely depends upon how you look at the institution
of marriage, society and social disapproval.
So far as the law
is concerned, in the given circumstance I don't really find any illegality
in your desire. More so, in these days of emerging c}lture of live-together
people are likely to take it easy as well. But the fact is, law and
lifm are not the same thing. Life unfolds in roots, branches, flowers
and flavours not as much for |he particular individual to enjoy and
trash as for the posterity to take from it. As Socrates said, 'Socimty
is anterior |o individual, ' individual must steer with a forward look
in the best interest of the society. Is it not much wiser to take care
before we shift from our age-old values that changes should be by design
not by passion?
Lastly, the law
you have quoted. This is a piece of legislation of Indian jurisdiction.
I am sorry, I am not at the moment in the kno of the latest xosition
of the law. It is not difficult now- a- days to know the position of
a particular law of a country. You can better talk to a practicing lawyer
in India. He/she can well help you out.
Your
Advocate M. Moazzam Husain is a lawyer of the Supreme Court of Bangladesh.
His professional interests include civil law, criminal law and constitutional
law.
Corresponding
with the Law Desk
Please send your mails, queries, and opinions to: Law Desk, The
Daily Star 19 Karwan Bazar, Dhaka-1215; telephone 8124944,8124955,fax
8125155;email <dslawdesk@yahoo.co.uk,lawdesk@thedailystar.net
