“Sex has remained without a locus and has lost its point of reference: it is a kind of drifting mine,
a problem and at the same time an omnipresent power.2
Introduction
Man aboriginally lived in small communities, each with a single wife. Polygamy, as just started,
is almost universally followed by leading men in each tribe.3 In any strict sense of the word, the habit
of marriage has been gradually developed. Almost promiscuous or loose intercourse was extremely
common throughout the world.4 The family has been considered as a permanent union of man and
woman, meant for the procreation and rearing of children, satisfaction of love and sex tendencies,
economic cooperation, and other secondary functions.5 Even in modern times, family continues to
fulfill important functions being the principal agent of socialization. Marriage is generally taken to
be the institutional or dynamic aspect of the family.6 All societies attempt to channel the sex drive in
such a way that sexual relations take place between persons who have legitimate
access to each other (who are married or otherwise legally united in a paired bond). Marriage has
been considered as a permit to indulge in sexual activity between husband and wife.
In personal relations, the social and legal changes are taking place. Society as a whole is interfering
less in the relations between man and woman. The indulgence is more and more to protect the old7,
young8, etc. Legal reforms have made marriages easier and liberalized divorces.9 Children’s rights
vis-à-vis their parents and others have been strengthened. 10 Homosexuality has been slowly accepted
around the world. 11 Even Constitutional provisions of some countries specify sexual orientation
in their discrimination protections.12 The very right to live has been imbued with new and liberal
meaning.