In India, adultery is a crime and the punishment for the same can be imprisonment for five years, or fine, or both. And for that, the investigating agency is the only agency which can remedy this. Deshpande, Swati; Punishing women won't give results; Sunday Times, 14th Dec 2008, Mumbai Edn; p 5. It punishes such demands of property or valuable security from the wife or her relatives as are coupled with cruelty to her. The avowed object is to combat the menace of dowry death and cruelty. The court should… give us clarity. The Report of the Malimath Committee on Criminal Justice Reforms and the 42nd Report of the Law Commission of India recommended redefining Section 497 to make women also punishable for adultery.
Naturally, these factors have made the then object of Section 497 obsolete. File photo of the Supreme Court of India. There is no doubt then that this section treats a woman like a man's chattel. Only a man who has with the wife of another man without his consent can be punished under this in India. Adultery verdict in Supreme Court Live Updates: Adultery verdict in Supreme Court Live Updates: In a unanimous decision, a five-judge Constitution bench of the Supreme Court today struck down the 150-year-old penal law on adultery.
Adultery is not a crime in most countries of the European Union, including Austria, the Netherlands, Belgium, Finland or Sweden. Women have begun to establish their own identity in the society and are no more treated merely as their husbands' chattel. It affirmed its earlier view in Yusuf Abdul Aziz v. This amendment has been changed in the supreme court case state of Madras v. Being antithetical to the constitutional guarantees of liberty, dignity and equality, Section 497 does not pass constitutional muster.
In fact this was the very reason why the offence of adultery did not figure in the very first draft. To this extent, the conditions are not appreciably different even today. It does not penalize the sexual intercourse of a married man with an unmarried woman or a widow or even a married woman when her husband consents to it. Section 304B does not contain its meaning but the meaning of cruelty or harassment as given in section 498-A applies in section 304-B as well. The personal laws, which did not exist in the present form at the time this law was passed, have not only become operational but also given somewhat of a level playing field for both, the husband and the wife. Newspapers, books and printing press. Evolving and Expanding meaning of 'Life' 4.
Exceptions To Rule Of Law In the case of Indra Sawhney the right to equality is also recognized as one of basic features of Indian constitution. State that this section is not unconstitutional. The law sees the woman only as a victim and not the abettor of the crime of adultery. She then challenged the lower court's order in the High Court. Draft Penal Code, 1860, Note Q, p. The court granted divorce to a man who alleged mental cruelty by his wife. Our mission is to provide an online platform to help students to discuss anything and everything about Essay.
Jewish, Islamic, Christian and Hindu traditions are all unequivocal in their condemnation of adultery. In this case, the reservation of seats for the admission to state medical and engineering colleges was made on the ground of caste and religion. Therefore, the supreme court has further contributed in establishment of a society where the men and women share an equal status and the scrapping of laws like section 497 reduces the disparity between a husband and wife in a marriage. Kinds of cruelty covered under this section includes following: a Cruelty by vexatious litigation b Cruelty by deprivation and wasteful habits c Cruelty by persistent demand d Cruelty by extra-marital relations e Harassment for non-dowry demand f Cruelty by non-acceptance of baby girl g Cruelty by false attacks on chastity h Taking away children The presumption of cruelty within the meaning of section 113-A, Evidence Act,1872 also arose making the husband guilty of abetment of suicide within the meaning of section 306 where the husband had illicit relationship with another woman and used to beat his wife making it a persistent cruelty within the meaning of Explanation a of section 498-A. The court held that the present criminal conversation law didn't infringe upon any constitutional provision by limiting the range of Section 497 to men. Traditionally, the Hindu woman had distinct economic right called stridhan'. The five-judge Constitution bench, led by Chief Justice Dipak Misra and comprising Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and , had reserved it verdict in the case in August.
Yet, the section burdens man alone for the offence. A woman after marriage does not pledge her sexual autonomy to her husband and depriving her of choice to have consensual sex with anyone outside marriage cannot be curbed, Justice Chandrachud added. The offence of adultery therefore is an offence committed against the husband of the wife and not against the wife. Once a woman's reputation is ruined she will become an easy prey for abuse by other men. In a society where men and women live together what affects one affects the other. The court observed the section in contravention to them as it views women as subordinates of men as it dealt with only men and women can neither be charged for adultery nor they could have been the complainant.
In an exceedingly country beset with rising divorce rates and cases of marital infidelity, the decriminalization of Adultery can critically endanger the institution of marriage. . An Analysis of Section 497 Section 497 penalizes sexual intercourse of a man with a married woman without the consent of her husband when such sexual intercourse does not amount to rape. Shivkant Shukla Do let me know through Comment Section Below, How did you Find this Video! There is a growing tendency amongst the women which is further perpetuated by their parents and relatives to rope in each and every relative- including minors and even school going kids nearer or distant relatives and in some case against every person of the family of the husband whether living away or in other town or abroad and married, unmarried sisters, sister-in-laws, unmarried brothers, married uncles and in some cases grand-parents or as many as 10 to 15 or even more relatives of the husband. The paradox associated with fornication law remained unresolved. Though the reasons for this may be justifiable, the woman here is always treated as a victim of the offence. It is true that the hardships and sufferings experienced by woman of all communities, minority as well as majority, cannot be overlooked with the help of persuasive or effective freedom of religion.
It felt that laws are supposed to be gender neutral. Abuse of section 498-A has always been a matter of discussion in Rajya Sabha. Advertising A five-judge bench comprising Chief Justice Dipak Misra and Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and said that unequal treatment of women invites the wrath of the Constitution. It has been held that a man who has been convicted of adultery, and continues to indulge in adulterous intercourse, would be liable to a second conviction for the fresh act. Why the Supreme Court Has Erred Considering the limited question of Constitutional validity before it the object of Section 497, as stated above, was never brought before the Supreme Court. This sexual intercourse must not amount to the offence of rape.
The section was enacted to combat the menace of dowry deaths. A five-judge bench of the apex court on 27th September,2018 unanimously declared a century old section i. Constitution Validity of Section 498-A In Inder Raj Malik and others vs. For the latest analysis, commentary and news updates, sign up for our WhatsApp services. While the petitioners contend that the law does not treat men and women equally and should thus be scrapped, the Centre has defended the law saying adultery must remain a crime so that the sanctity of marriage is maintained.