Monday May 27, 2019

Marriage is a commitment, not contract

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By Nithin Sridhar

The Supreme Court on Thursday declined to grant a divorce by mutual consent to a couple after it found out that the couple had decided to part ways because the husband had promised to pay for his wife’s treatment if she gave her consent for divorce.

The couple married in 2010 and applied for divorce by mutual consent in 2013. The Apex Court observed that the woman, who was suffering from breast cancer, agreed for the divorce after her husband offered to give an alimony of 12.5 lakhs so that she could use the money for her treatment.

Upholding the sanctity and sacredness of the marriage, the bench headed by Justice MY Eqbal stated: It is a duty of the respondent (husband) to take care of the health and safety of the petitioner (wife). In the instant case also it is a primary duty of the husband only to provide facilities for the treatment of the petitioner. This is a pre-existing duty of the husband, provided the husband has sufficient means and he is diligently doing his part in taking care of her.”

The SC judgment is very significant on multiple counts. Firstly, it sent a strong signal that divorce could not be used as a medium to run away from one’s responsibilities. Secondly, it upheld the fact that though homemakers do not earn money, they do contribute towards the family and equally share happiness and sorrow thereof. Thirdly, it upheld the sanctity and sacredness of marriage.

What is marriage after all? Is it just a contract that can be broken anytime, anywhere on a whim? Or is it a commitment, a bond that has a higher purpose?

The Sanskrit term for marriage is: ‘Vivaha’, which means ‘that which imparts special rights’ (vishesena vahati iti vivaha). But, what special rights is it speaking about? The ‘special rights’ here refers to the right of each couple to share their life, their goals, their duties, and their destinies with each other. In other words, ‘Vivaha’ gives the couple ‘Right’ to enter Grihastha Ashrama– the stage of married life, which is vital not only for achieving social welfare but also for individual spiritual uplifting. This is best highlighted in the marriage vows uttered during the Sapthapadi ritual of marriage:

Let us walk together, hand in hand, the seven steps symbolic of the aspirations below;
May We take the first step together for sap (nourishment);
May We take the second step together for vigor;
May We take the third step together for thriving wealth;
May We take the fourth step together for comfort;
May We take the fifth step together for offspring;
May We take the sixth step together for the various seasons;
May We take the seventh step together for everlasting friendship;
You be my unswerving partner; let us have many auspicious progeny who shall see long life crossing 80 years.

Thus, marriage is not just a contract similar to business deals. It is a bond, a commitment between husband and wife to share the body, mind, and soul for the purpose of achieving the fourfold goals of life: Dharma (duty), Kama (desire), Artha (wealth), Moksha (liberation).

It is for this reason that the Court observed: “Hindu marriage is a sacred and holy union of husband and wife by virtue of which the wife is completely transplanted in the household of her husband and takes a new birth. It is a combination of bone to bone and flesh to flesh.

This commitment cannot be one sided. Both the spouses are bound to keep the commitment. Such a marriage, wherein the couples stay together in times of happiness but separate when their spouses fall on bad times, is no marriage at all.

This does not mean, divorce as such is wrong. It is just that divorce should not be used as a self-serving tool. The husband who wants to have a divorce because his wife is suffering from cancer is disregarding the very first two vows of providing nourishment and vigor to his wife.

Instead of supporting his wife in difficult times, he is promising to give her money in return for a divorce, thereby making a complete mockery of the sacred institution of marriage.

Alas, the fact is that a large number of people today in this secularized fast moving world, have reduced marriage from being a sacred commitment to being a self-serving contract that is devoid of love, selflessness, and dedication.

The Court rightly addressed this particular case by asking the husband to first fulfill his duty towards his wife by getting her treated and then ask for a divorce. But, the society is yet to address the continuous downfall of marriage from being all about commitment, duty, and love to being a business contract.

(Photo:www.trinetra.org.uk)

Also Read: Vivaha Panchami: Celebrating Rama’s marriage to Sita

Next Story

Westerners Adopt Indian Practices, Deny Giving Due Credits

There is an argument by some Hindu liberals thinking “what the problem in it”? They think our knowledge is globalized by West in the same way we consume inventions of the West. But it’s a very naïve argument.

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Its time Indians in general and Hindus in particular should be vigilant and should have an academic mind set to respond to such misadventures to protect our own heritage and Dharma. Hindu Council Of Australia

By Shashi Holla (WA) and Surinder Jain

Colonial or a white supremacy mind set may be clever enough to adopt Hindu practices but denies giving credit where it is due. Stealing Hindu Intellectual Property, they do not hesitate to rename and repackage so that they can sell it back to India for immense profits. Off course, they will leave no chance to tell Indians to stop their superstitious ways and to adopt the new scientific knowledge which “they” have “invented”.

Following has been already digested or appropriated by West. Some of the Western academics don’t believe that they belong to India.

Yoga Nidra   AS  Lucid Dreaming

Nadi Shodhana AS Alternate Nostrils Breathing

Vipassana  AS Mindfulness.

The latest addition to this list is

Pranamyam AS Cardiac Coherence Breathing

Several researchers have reported that pranayama techniques are beneficial in treating a range of stress-related disorders.[29] But the latest attempt has taken the appropriation too far. An American magazine “Scientific American” in its article titled “Proper Breathing Brings Better health” termed “Pranayama” as cardiac coherence breathing. (15 January 2019). The article gives us an idea about how West is so sophisticated in stealing knowledge from ancient cultures particularly Hinduism.

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Man doing Yoga. Wikimedia Commons

Prāṇāyāma is mentioned in verse 4.29 of the Bhagavad Gītā.[11] According to Bhagavad-Gītā As It Is, prāṇāyāma is translated to “trance induced by stopping all breathing”, also being made from the two separate Sanskrit words, prāṇa and āyām.[12] Pranayama is the fourth “limb” of the eight limbs of Ashtanga Yoga mentioned in verse 2.29 in the Yoga Sutras of Patanjali.[14][15] Patanjali, a Hindu Rishi, discusses his specific approach to pranayama in verses 2.49 through 2.51, and devotes verses 2.52 and 2.53 to explaining the benefits of the practice.[16] Many yoga teachers advise that pranayama should be part of an overall practice that includes the other limbs of Patanjali’s Raja Yoga teachings, especially Yama, Niyama, and Asana.[18]

“Pranayama” a department of Yogic science practiced and documented 5000 years back ( even 15,000 years back) by Rishis is not even acknowledged by the author of the article. If one read the article they vaguely suggest that breathing exercises also existed in China, Hindu and in Greek culture.  This is how appropriation of ancient techniques takes place by West.  As Sankrat Sanu an entrepreneur, researcher and writer put it in his tweet “after erasing the origin they claim it as their own invention, attack original traditions as Superstition”.

As famous Indian American Author Rajiv Malhotra summarizes: “The article standardizes cardiac coherence breathing as Chinese, Hindu, Greek and various traditions as equal origins, and then modern West turns it into science”. Its time Indians in general and Hindus in particular should be vigilant and should have an academic mind set to respond to such misadventures to  protect our own heritage and Dharma.

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The article standardizes cardiac coherence breathing as Chinese, Hindu, Greek and various traditions as equal origins, and then modern West turns it into science”.  Pixabay

There is an argument by some Hindu liberals thinking “what the problem in it”? They think our knowledge is globalized by West in the same way we consume inventions of the West. But it’s a very naïve argument. West has created an eco system and mechanism in which their knowledge system is Well protected and patented by international norms. Unless West does not give a new name and fits into their framework native wisdom is not recognized in academia and media. Whereas Hindus were generous in sharing their health techniques freely from millennium never thought they will struggle in proving things which belong to them. In fact in a westernized framework of Yoga and other techniques Indian scholars, insiders and practitioners are blatantly ignored. So our own knowledge will be repackaged and exported back to us at an extra price and conditions.

Also Read: Climate Change Will Melt Vast Parts of Himalayas: Study

Many of our practices are being called to be Biofeedback systems. According to WikipediaBiofeedback systems have been known in India and some other countries for millennia. Ancient Hindu practices like yoga and Pranayama (breathing techniques) are essentially biofeedback methods. Many yogis and sadhus have been known to exercise control over their physiological processes. In addition to recent research on Yoga, Paul Brunton, the British writer who travelled extensively in India, has written about many cases he has witnessed. (Hindu Council Of Australia)