Swami Sadashiva Brahmendra Sar (Nil) 16 April 2009

acts not fobiden by law - norms to test its legality ?

Dear all ! recent trend in judicial pronouncements seems to provide legal protection to an act that is not forbiden by law. this can be seen in matrimonial disputes and disputes relating to liberty of an unmarried lady. An unmarried lady commits no offence even if she cohabits with a married man.In this situation man also does not commits adultry. moreso, the judiciary is ready to protect and ecourage the live in relations without marriage. Like this there may be many acts that are not expressly forbiden nither expressly permitted by law. In such cases this is high time to think as to - what criteria should be adopted by courts?

Reply Follow

1 Replies

N.K.Assumi (Advocate) 17 April 2009

Dear Dr.Tripathi,

Well the query is no doubt a thought provoking matter.I am of the view that, Such a situation may be viewed from two angle. One that is personal and the other General, general in a sense that effect the public at large. When there is a vacum in law effecting the general public, Court can legislate to fill the vacum awaiting the Legislation, but in personal matter, one only has to see whether the law prohibit it in positive sense, if there is no prohibiion or forbidden by law one can not be punished, though it may be morally wroung.But the law is concerned with positive law not moral mores of the society.