Saturday, August 8, 2009

Indian Law - Bigamy immoral, Gay sex moral

India's Law Commission wants to make bigamy a cognizable offence (news). It considers it "unhealthy and immoral practice to convert to Islam in order to contract a second marriage". It also says bigamy among Muslim men is "not common and few and far between", even though Muslim law allows it. I find this mind boggling for many reasons:

  1. If only a few men are indulging in bigamy, even when the law allows it, why bother to criminalize? If it ain't broken, why fix it?
  2. It goes against the laws of nature to ban such behavior - nature allows men and women to mate and reproduce in many ways, and does not mandate one man one woman rule - it is just human belief that it is good for our well being. Some monkeys are known to have multiple mates, and it appears their human cousins haven't diverged as much in this aspect.
  3. Traditional Hindu law (Vedic Smriti) accepts polygyny and polyandry. There are numerous examples of Gods (Lord Muruga has two wives), Kings (Dasaratha has four wives) and queens (Draupadi had five husbands), so changing the Hindu law will make it inconsistent with what the religion allows. Vedic Smriti allows change to suit the times, but the moral case being made is very weak - a scientific basis such as population mix of men & women might make more sense.
  4. In recent times Tamil Nadu Chief Minister Mr. Karunanidhi is known to have three wives. This law will only relegate other Wives into a Mistress status, which actually hurts the women. Many mistresses or second wives are typically cheated into the situation since the man would have made it appear he was single. Similar to curtailing prostitution, we can go on naively writing and enforcing laws, but the problem of a few men seeking more than one woman is simply not going to go away. As well, would the Law Commission declare Mr. Karunanidhi's behavior immoral?
  5. The country has just decriminalized gay sex. The Delhi High court ruled so, and the cabinet determined it will not appeal against the sound judgment. So, it finds it morally OK for man to have sex with another man, but it is not morally OK for a man to have sex with multiple women? Or, is bigamy more unhealthy than gay sex?
  6. The commission cites various countries where bigamy is controlled or outlawed. It cannot take a piecemeal view of the bigamy law. For example, the US or western countries are also serially monogamous, meaning they allow only one wife at a time, but then many of them have no-fault divorce laws which makes it quick and easy to change wives. Indian divorce laws are not so liberal, and courts years to dissolve contested divorce. So, it will either breed "mistresses" or clog courts with more divorce cases or even crime, since some desperate men may try to do away with the contesting wife.

The Law Commission will do well to separate the problems, and be innovative to discourage the bigamous behavior. For example, it can mandate civil damages through payments in higher proportion to the first wife, allow courts to issue wage assignments, which ensure little money is left for the man to fool around, and discovers it was a financial blunder.

The news article doesn't state whether the Law commission thinks the immoral activity harms men, women or both, but I remember the book "The Economic Naturalist" described that men are the most impacted by polygamous behavior! If a few men take on multiple wives, it shortchanges other men who need to work harder to find a mate, assuming a roughly equal men-women population. With female infanticide also in vogue, this will be a bigger issue for Indian men!

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