What constitutes an acceptable relationship in a society? This question, timeless in essence, has taken on new urgency as modernity reshapes traditions. In India, marriage has historically served as a pillar of societal cohesion, a sacred institution that binds not just two individuals but entire families and communities. It symbolises trust, shared values, and a collective responsibility for the well-being of future generations. Yet today, the institution of marriage finds itself at an inflection point, increasingly tested by shifting cultural norms and legal reforms.
What constitutes an acceptable relationship in a society? This question, timeless in essence, has taken on new urgency as modernity reshapes traditions. In India, marriage has historically served as a pillar of societal cohesion, a sacred institution that binds not just two individuals but entire families and communities. It symbolises trust, shared values, and a collective responsibility for the well-being of future generations. Yet today, the institution of marriage finds itself at an inflection point, increasingly tested by shifting cultural norms and legal reforms.
The past few decades have seen profound transformations in Indian society, with urbanisation, economic independence, and exposure to global ideologies challenging traditional notions of marriage. What was once a union deeply rooted in responsibility and mutual respect now risks being perceived as a transactional or even dispensable arrangement.
Yet, these values are increasingly threatened by a growing normalisation of infidelity and the trivialisation of marriage as a mere contract. Concepts like open marriages, casual infidelity, and a focus on individual liberty over collective harmony are eroding the sanctity of marital bonds. These shifts demand introspection: is India modernising its relationships, or is it dismantling the moral and emotional anchors that have upheld the sanctity of marriage for generations?
The decriminalisation of adultery in India came about with the landmark Supreme Court judgment in 2018, which struck down Section 497 of the Indian Penal Code. Prior to this ruling, Section 497 criminalised adultery, making it an offence for a man to have sexual relations with a woman married to another man without the husband’s consent. However, this law was widely criticised for its gender bias, as it held only men accountable for the crime, while women were not considered to be perpetrators. The Supreme Court, in a 2018 ruling, declared the provision unconstitutional, arguing that it violated the fundamental right to equality under Article 14 of the Indian Constitution and the right to personal autonomy. However, the ruling also sparked intense debates about the social and moral implications of removing the legal deterrent against infidelity, particularly within the context of marriage and family dynamics in Indian society.
While hailed as progressive for its emphasis on gender equality and individual freedom, it has also raised critical questions. Has this legal shift weakened the moral foundations of marriage? Does it empower betrayal and undermine trust?
What’s the sanctity at risk ? If laws alone dictate morality, they risk reducing marriage to a legal contract, stripped of its sacred essence. But if laws permit moral-elasticity, they may erode the very foundations of trust and fidelity that give marriage its enduring strength.
The judiciary’s failure to act decisively on related issues compounds the problem. Recommendations from the Parliament Standing Committee on Home Affairs to amend the Bharatiya Nyaya Sanhita Bill, 2023, to criminalise adultery in a gender-neutral manner have been ignored. This inaction leaves many feeling abandoned by a legal system that seems indifferent to the complexities of modern relationships. Families, especially children, bear the brunt of this erosion of marital sanctity. Broken homes, disillusioned spouses, and fragmented communities are not merely personal tragedies but symptoms of a broader societal malaise. The increasing emphasis on personal autonomy over collective responsibility risks creating a society where relationships are stripped of their deeper meanings, reduced to fleeting, transactional exchanges.
Societies evolve, and institutions must adapt. Yet, this evolution must be guided by principles that uphold human dignity, fairness, and respect. Laws must not merely reflect shifting trends but must safeguard the core tenets of institutions like marriage. Liberty without accountability is a dangerous precedent, and the sanctity of relationships must not be sacrificed at the altar of modernity.
With over 65% of its population under the age of 35, the country is home to a young, aspirational demographic increasingly exposed to global ideals of modernity, individualism, and personal freedom. However, this transition brings with it a delicate balancing act: maintaining the social equilibrium that has historically been rooted in family-centric values.
This brings us to the critical role of Parliament. Lawmakers hold the responsibility to craft legislation that does not merely mimic Western ideals of individualism but resonates with India’s unique cultural and social ethos. The institution of marriage must be protected, not by resisting progress, but by ensuring that progress aligns with enduring human values. Robust laws should foster trust, mutual respect, and commitment within relationships, striking a balance between individual freedom and collective harmony. The judiciary, while interpreting these laws, can only act within the frameworks provided by Parliament. It is the legislators’ duty to ensure that these frameworks strengthen, rather than erode, the moral fabric of society.
As India stands at this cultural and legal crossroads, it must tread carefully. The sanctity of marriage cannot rely solely on tradition; it must be reinforced by a shared commitment to its ideals. Lawmakers, the judiciary, and citizens alike must reflect on their role in upholding the values that have long defined Indian society. Failure to act decisively risks leaving future generations a fragmented society, bereft of the stability and trust that marriage has historically symbolised.
The question is not whether India should evolve but how it chooses to do so. Will it uphold the values that have shaped its identity, or will it allow fleeting notions of modernity to unravel its social fabric? These decisions will determine not just the future of marriage but the very soul of Indian society
Dr. Srinath Sridharan is a corporate advisor and independent director on corporate boards. He tweets as @ssmumbai.
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