The woman may not get a legal status of his wife, but shall be entitled to get maintenance like a legally wedded wife. Any attempt at it would leave still leave adultery as some sort of a crime the law needs to validate and punish. Thus, changing the definition of adultery to make women punishable under the name of gender parity will only give society a ground to defame women and increase the disparity of status further defeating the very purpose of the proposed amendment. Deshpande, Swati; Centre seeks views from states on adultery law; Sunday Times, 14th Dec 2008, Mumbai Edn; p 1 9. Until the woman marries someone else, the man has to pay maintenance to her, along with the kid. Whoever commits adultery shall be punished with an imprisonment which may extend to five years, or with fine, or both. The evil that is punished by the law, in the mind of the court, is that of seduction of a woman by another man.
Adultery figures in the penal law of many nations and some of the most celebrated English Lawyers have considered its omission from the English Law as a defect. There is need to revisit the institution of marriage to accommodate the very nature of human being and beauty and happiness of life. It was also taught to children that their parents are the best judge for choosing a life partner for them. All this leads to stress in the relationship and new encounters always excite. Adultery is a consequence of collapsing faith and conscientiousness in a relationship and demands a remedial action rather than penalizing one.
The existence of Section 497 has no apparent affect on society. In the most powerful country of the world that is U. In the United States, in those states where adultery is still on the statute books, offenders are rarely prosecuted. The Commission discussed this section at some length. Although, adultery is not regarded as a crime according to legal jurisdiction but still it is considered as a matrimonial offence and a wrongdoing by almost all the religions.
This is how society worked and adultery was a taboo. There are more than the person committing such crime has to face. The basic theme which runs through all the laws must be: human dignity, personal liberty, gender equality etc. It is rather considered as a holy bond not only between two people but two families also. As a modern human being we lack patience and understanding.
Sex is sound classification and although there can be no discrimination in general on that ground, the condition itself provides for special provisions in the case of women and children. Marriage is a civil contract between two adults and as such any breach of this contract should be seen as a civil litigation involving monetary and other compensations. Only men, and not women, are punished for committing adultery. But we have never meet each other from last five years. Adultery — Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. According to Bulandshahr police, the woman had run off with her lover in the first week of March and was staying with him at a relative's house. Times have changed and so have the roles of men and women in the society.
But soon we are pacing towards a nation with high divorce rate and broken marriages. The Constitutionality of Section 497 was challenged before the Supreme Court under Article 14 on the grounds that it makes an arbitrary discrimination based on sex in the cases of Yusuf Aziz , Sowmithri Vishnu and V. Deshpande, Swati; Punishing women won't give results; Sunday Times, 14th Dec 2008, Mumbai Edn; p 5. This is the typical man and women. Thus the woman is deemed to be a hapless victim and incapable of making decisions with her own body, and thus is exempt from being prosecuted. The Hindu Marriage Act clearly forbids polygamous marriages and punishment for those who defy the law.
And, only the man who had sex with the married woman can be punished and the woman is not punished for adultery. Now the relationship of that girl is going to end with his husband. Adultery, whether a continuing offence: Every act of sexual intercourse with a married wife amounts to an offence of adultery. However, he cannot prosecute his wife, even if she does it repeatedly, in his presence, in front of television cameras, with multiple partners, individually or simultaneously. Yes because of him the lifes have been spoiled. A fresh challenge before the Supreme Court with latest statistics may have a different result this time.
Hence, to treat adultery as a crime would be unwarranted in law. India was a country that was known for long successful marriages, marriages in which the partners have never met or seen each other, long distance marriages and marriages where partners have been decided since childhood. Women cannot be prosecuted for adultery in India. In my opinion, there is no need to amend the section. The maximum punishment for adultery is five years with fine. Article 15 3 Nothing in this article shall prevent the State from making any special provision for women and children.
Specifically, I would like to discuss the laws on Adultery. After the birth of the child, the man has to pay for the maintenance of the child. Today the personal laws are equal, operative, effective and efficient. Almost all professional colleges has a quota for women. We live in a society where far from prosecution, even an allegation of a woman's unfaithfulness is sufficient to reap havoc in her life.
When she regained her senses, they warned her against telling the police before running off. Since men had the social sanction to maintain such relations and women were starved of the love and affection of their husbands women were treated as the victims and not the authors of the crime. So go for it, ladies. But her ordeal did not end there with reports claiming some of the villagers then sexually assaulted and tried to rape her. Law Of Adultery As It Stands In India. However, the law does not look at both parties in an adulterous relationship in the same light.