Section 497 : 150 years, needs a revamp
Section 497 of The Indian Penal code states, A man can be
punished under adultery but not a woman. Thr hon'ble Supreme court
uphelded this law as, necessary seeing the social status and social
development of women.
Adultery in India is considered to be an act when a married man have sexual intercourse with another married woman who is not her wife without the consent of her husband.
ReplyDeleteInteresting thing to note on this is a husband cannot prosecute his unfaithful wife but only her partner.
Adultery cannot be committed without a woman’s consent. Yet, the section burdens man alone for the offence. Though the reasons for this may be justifiable, the woman here is always treated as a victim of the offence. Hence, this section does not contemplate a situation where the same married woman has sexual intercourse with more than one person other than her husband without her husband’s consent. It is highly implausible that even in such a situation the woman would always be the victim and not the person who provokes the offender for the crime. No doubt that the law, as it stands, is inadequate.
ReplyDeleteThe offence of Adultery did not punish women but still existed in the code because at the time the enforced law was enacted polygamy was deep rooted in the society and women shared the attention of their husbands with several other wives and extramarital relations. Women were treated as victims of the offence of adultery as they were often starved of love and affection from their husbands and could easily give in to any person who offered it or even offered to offer it.
ReplyDeletebw a commendable work:-)
ReplyDeletem speechless!!
ReplyDelete