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Adultery
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Introduction- Section
497 of Indian Penal Code (IPC) contains provisions of the adultery laws. The
Section 497 of IPC says that any man who has sexual intercourse with the wife
of another man, without the consent of her husband, shall be held liable for
the crime of adultery.
Social Narrative- According to society, adultery is
extramarital sex that is considered as a heinous crime on social, religious, and moral
grounds.
Supreme Court, the government and the Law- The Apex court asked from the central
government about this adultery law. The court has said that what is the
collective good in making adultery a punishable offence?
The
government’s response was regressive as it has supported article 497 because it
“Supports, safeguards, and protects the institution of marriage”. As in India,
the court is the keeper of the law but can not create the law. The law is made
by the parliament, it is necessary to understand that when politics is
regressive, the law will also be regressive.
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Law commission's 42nd Report also favored to reduce
the punishment but law should be in IPC
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The
basic structure of Indian constitution supports individuality over the society
as in the name of collectivism there have been practices which have suffocated/killed and tortured
individuals.
The progressive step has been taken by the Supreme Court of India, where Adultery is no longer crime, and law is declared as unconstitutional.
The dimensions which made the Law Obsolete-
1-
Only man is
punished while woman is not punished, while constitution gives right to
equality. In this case, the man is deprived of equality which is a direct violation of fundamental rights under 'Right to equality'.
2-
The woman is treated as a victim of man’s seduction. However, what if there is consent
between both adults. If the woman is not a victim, what are the laws to deal
with it?
3- There are various
issues involved like privacy, gender discrimination, assumption of morality,
and motivated stakes that both state and society have in the institution of
marriage itself.
4- Woman is also treated
like a commodity, as the sexual intercourse will not be a crime
if husband of the wife has given his consent. That means if husband allows, other man will not be considered as a rapist.
5-
Another dimension
is – marriage and sexual relations between two consenting adults, it is a matter
which should not have legal punishments.
The law should be only to resort dissolution of the marriage legally to
ensure that neither side suffers discrimination in the process.
6-
The section also
disregards women’s sexual choice and her decisions as an adult.
Conclusion- The state government can not impose the
sanctity of marriage and decide what is good for women on their behalf. Women, biologically are grown up individuals, and have right to decide for themselves as this section clearly keep them under other’s permission to have sex.
At
the same time benevolent patriarchal mindset where women are always treated as
a victim of men’s seduction hampers the rights of both men, and women.
The
ruling government should avoid acting like a society, and take people forward in
progressive world without being scared about sanctity of marriage. Marriage
is an agreement or a social contract between two equal individuals. The state
should abstain from interfering into such issues.
However, thankfully the apex court considered that the law has been harming women more than protecting her dignity as an individual. It was against fundamental rights of individuals so the progressive step has been taken by the Supreme Court of India, where Adultery is no longer crime, and law is declared as unconstitutional.
