Adultery is not a crime
Marriages are made in heaven. Over hundred years this has been believed and marriage has always been considered as the Sacred bond and respected in all societies and across cultures
Now a days due to unrealistic expectations about marriage, loss sense of fun, attitude towards intimacy, inability to accommodate a partners needs, inability to communicate their interests, lack of skills to solve relationship problems, peoples moving away from marriage and start searching for new partners ,To find their view of world
This kind of culture are seen in urban, when compared to rural areas, because due to trend in urban areas. This trend is ruining the promising of marriage.
IPC SECTION 497 states whoever has sexual intercourse with a person who knows a reason to believe to be the wife of another person man, without the consent of the man, such sexual intercourse not amounting to rape, is guilty of the offence of adultery and shall be punished with imprisonment of five years or with fine sometimes both in case. But wife shall not be punishable an abettor
The Draft of the Indian penal code was prepared by the first law commission, chaired by Thomas Babington Macaulay in 1835 and was submitted to governor general of Indian council in 1837.
Might be some of the sections had been prepared at time of view .At that time the women considered as the secondary person, they have some rules and regulations ,form them at that time and the society and culture were going in this path. The Men is responsible for each and every action for his family.
At that time gender discrimination plays a prominent role for the backwardness of women and surrendered to their partner to lead amateurish life. This happens why because of the child marriages has been done at that time period and no education for women and they permitted to the houses only. They dont have any maturity levels towards their life and they dont know how lead a satisfied life at that time they dont have any right to choose a person whom they want to lead life.
By concluding all the parameters discussed, women has been behind the equality levels, and she always being suppressed by the men at all the situations
But now we are in advancement technology world, now there is no gender discrimination, all we are having right to equality and right to freedom etc; under the fundamental rights provide by the Indian Constitution to the every citizen in India According to Article 14(which guarantees equality to all before law) and Article 15(that the state shall not discriminate on base of sex)
Under this section only the men in its ambit but women received the perquisite of nothing being brought under this section, violating the Article 14 and Article 15.
As well as both men and women involved in the commission of adultery should have an equal standing before law, as both have been equally involved in it. Therefore this section stand in violating the fundamental right enshrined in part 3 of the constitution.
For this the punitive action should be of nature which punishes the soul and conscience of the guilty. Attraction towards the other person because of an unexciting marriage is common. The fear of corporal punishment has not yet been installed in the minds of the people because still adultery is a common scenario in many metros and in villages.
The imprisonment may further destroy his family and fame of the family and may bring defamation along. It also scares the mind of the children and may not even understand why the father has been imprisoned, then automatically creates the disturbances in their mind and they have a chance to deviate from their path.
The law not encouraging adultery in the minds of women by this defect in the section, it is necessary that the woman is always a victim of such crime and not the scribe of it. A woman too may have an urge to step outside her Holy matrimony; otherwise an act of non consensual sex shall amount of rape.
Adultery is not such crime to get imprisonment of the 5 years(maximum). As long as it serves as a basis of getting divorce, makes a man guilty, hurts his conscience, and the punishment has been given in the form of divorce will serve as the punishment.
- Devarakonda sailesh