Thousands of litigations and cases are pending in lower, middle and apex courts in India for several years. Some of the cases have been pending for over ten years without judgement being delivered. The ground reality is that after completion of hearing , judges take long time to deliver the judgement. Apart from this, stay orders are frequently given by the higher court over the judgement delivered by the lower courts. Further, several hearings are delayed due to adjournment, etc.
Apart from such issues , one frequently heard complaint is that the cases are entertained by the courts with regard to issues , which normally should be handled and disposed off by government. It is often said that the judges over reach themselves in the choice of cases to be admitted for hearing. As a result, the work load of the courts have heavily increased causing more delays.
Litigants rush to the court seeking judgements on really social issues which have no legal implications or involve interpretation of the provisions in the constitution. For example, a case has been filed in the Supreme Court claiming that more married men commit suicide than the married women and therefore , a National Commission for Men should be set up immediately. It is not yet known whether Supreme Court would admit this case also for hearing.
Recently, Supreme court has thought it fit to hear case relating to same sex marriage.
Most people in India consider the concept of so called same sex marriage as nauseating, un Indian and is in violation of the traditional concepts of man woman relationship based on which Indian ethos are founded. There is huge concern amongst cross section of discerning Indians that this concept of same sex marriage is obnoxious, counter productive and unnatural and would destroy the sanctity of marriage, upset the family relationships and cause social tensions and upheaval.
It is good that Government of India has submitted a strong note to Supreme Court objecting to the idea with valid arguments. Instead of accepting the Government of India’s views and considering it’s merits , Supreme Court appears to have rejected the views of the government and has now referred this to a five judges panel.
In such circumstances, this subject is going to be in public domain in India for discussions and debate in the coming months. This is a scenario which India can do without.
Obviously, this concept of same sex marriage have been developed in some European countries and has already caused considerable family disruptions in the region. In countries like Norway, the concept of single mother and multiple partners for women even without marriage wedlock and same sex marriage have been legalized. This scenario obviously indicates that the quality and life style of people in those countries and thought process of those ruling the countries are really deteriorating and not advancing.
India has traditionally laid stress on strong family bonds and faithful and smooth family relationships, which is based on the concept of marriage with one man and one woman. This concept has certainly strengthened the social base and quality of life and family harmony in India and has stood the test of time It can be said that Indian traditional thoughts and practices with regard to marriage can well become the benchmark for the world civilization.
European countries which have thoughtlessly entertained the idea of same sex marriage should learn from India , instead of India emulating such obnoxious practice from European countries.
It is particularly sad that courts in India are reopening or recreating new issues with regard to social and personal life style of people and in the process ,paving the way for confusion and social tension and anarchy.
The common man thinks that judges should be eminent people with balanced views and creative mindset and should be clearly aware that their judgements should solve problems and not create problems.
With the judges giving a lead, the print, visual and social media are discussing this subject with huge focus, giving space for the sick minded individuals who think that the same sex marriage is a sign of freedom for individuals to live in the way they want. Such campaigners do not seem to have the wisdom to realise that same sex marriage means a degradation of human value system and uncontrolled mental make up.
Finally, one question to the apex court. In case, some sick minded people approach the court pleading for human animal marriage , will the court entertain? This question arises, since same sex marriage is no difference in concept with the concept of human animal marriage.
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*Nandini Voice For The Deprived, Chennai
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