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It is important to understand the philosophical justification for the National
Commission for
Women's view on adultery, commercial sex and consensual sex, including
homosexuality. I am not
speaking for them but I understand their logic. The foundation for a secular
democracy in part is
explained in John Stuart's Mill "On Liberty". While I could not do justice here
to his seminal
work, the Harm Principle he articulates states that no one's individual liberty
can be interfered
with unless to prevent harm done to others. For example, in the case of
consensual sex between
adults (including commercial sex) if there is no harm to others, then no law or
government should
step in and restrict individuals, who are rational creatures able to choose for
themselves. The
law and the government should not be a moral nanny.
The following statement is misleading: "Our long legal and moral tradition
teaches us that certain
actions have been made criminal offences precisely because they are socially
(and morally)
unacceptable". First, there is no one long legal and moral tradition. Our legal
and moral
traditions are many and in many cases have historically being wrong (caste
system, slavery,
subjugation of women, etc.). The long moral tradition which is being referred
to in the article
below, although not stated, is a religious tradition. In a pluralistic world,
Mill's Harm
Principle best serves.
Regards,
George
--- Averthan D'souza <[EMAIL PROTECTED]> wrote:
>
> IS CONSENSUAL SEX OKAY ?
>
> Averthanus L. D'Souza
>
> .........Let us take the example of adultery. The National
> Commission for Women has proposed to the Commission for the upgrading of the
> Criminal Law that adultery should not be treated as a criminal offence but
> merely as a "social offence." This distinction between criminal offence and
> social offence is too tenuous to stand the scrutiny of logic. Our long legal
> and moral tradition teaches us that certain actions have been made criminal
> offences precisely because they are socially (and morally) unacceptable. To
> now propose that adultery should be considered a social offence but not a
> criminal offence is to turn the clock back and to spit in the face of
> tradition which has proven to be both consistent and sage. The mere fact
> that two parties "agree" to breach their marital contracts and indulge in
> sexual activity outside their marriages cannot be considered to be socially
> responsible behaviour by any standards.
>
> Similarly, the fact that two individuals indulging in casual sex in exchange
> for a monetary consideration cannot, by any stretch of the imagination, be
> upheld as a norm for good social behaviour. Prostitution has always been
> considered to be socially abhorrent and destructive of the integrity of
> society. Glossing over the social cancer of prostitution by euphemistically
> describing it as "commercial sex work" cannot in any way make it more
> acceptable. Prostitution by any other name is as ugly and destructive of
> social life.
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ECAP 2007 - Computer Society of India - Goa Chapter inaugurates its 15th
Exhibition of Computers & Allied Products at Hotel Mandovi, Panaji
at 9:30am on Sep 8, 2007 at the hands of Mr. M. N. Rao - Advisor & Director
(IT) Department of Computer Science - Government of Goa.
All are cordially Invited
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