There has been fusion of opinions about the verdict of Section 497 of IPC that talks or rather talked about Adultery being a criminal offense. On 27th September, 2018 SC strikes down adultery as an offense. Though it can be a civil wrong or can be ground for a divorce but cannot be a criminal offense anymore as stated by Former Chief Justice Dipak Misra. Thus adultery can be ground for Divorce but won’t take you to jail. This article vocalizes the necessity of this verdict and serves different opinion on this verdict.
Adultery may not be a cause of unsuccessful marriage; it maybe an outcome of unsuccessful marriage. That is why it was wisely stated by the bench of SC. Moreover this verdict specifically speaks about the unequal treatment of women. Women were dealt as chattel and had no stand for her own choice. According to section 497 of IPC, it would not be an offense if a man had sexual affair with a woman with the consent of her husband. Thus by abolishing adultery as a crime, women are no more considered as ‘property’ which promotes individual dignity.
“Prima facie, on a perusal of Section 497 of the Indian Penal Code, we find that it grants relief to the wife by treating her as a victim. It is also worthy to note that when an offence is committed by both of them one is liable for the criminal offence but the other is absolved. It seems to be based on a societal presumption,” the apex court had said.
Moreover this section also dealt with gender discrimination which says that hands behind adultery is just a man and wife will never be convicted for the offense of adultery. At the very first place wife is considered to be a victim. This is because of the social presumption that woman can never do such crime which is completely unacceptable in this modern era. Thus we will definitely see change due to the verdict of unconstitutional offense of adultery.
If properly understanding the reason behind the judgment, the outcome of the verdict is taking into consideration equality of both men and women. Women treated as chattel and men to be the only accused, both have now got the equal right and security because of decriminalisation of Section 497 of IPC. This shows hat Supreme Court is on the wise side of its decision.
Discussing about Supreme Court’s wise decision adultery though maybe viewed by many that it is a moral wrong and a morally problematic but this is a personal matter and thus the state should stay away from it. One of the reason to strike off 158 year old law was in the view that if law decides faithfulness between married couple which is so absurd as law making compulsory for husband and wife to love each other. While deciding about decriminalizing, it was also discussed that when parties to marriage losses their moral commitment to the relationship, it leaves a mark on their relationship and to heal that mark it is their own concern and their own situation where the state is not responsible to criminalize one of parties just for being happy.
However, if one of the spouses ends up his or her life because of the other spouse’s adulterous acts then the suit can be brought to the court and the case can be treated as an abetment to suicide if the evidence proves the same.
Where we discussed the wise side of the landmark judgment, there are views against the verdict too. Some are of the view that decriminalizing adultery makes the concept of marriage a joke. People now can openly cheat on their spouse as they are no more bound by any moral or ethical values. They feel India is becoming a valueless country. There are criticism about India is forgetting its sacred customs. Some also carp that India only knows how to follow footsteps of other countries rather than making its own way. People have many views that condemn Supreme Court for its decision but people are bound to follow.
Delhi Commission for Women chief Swati Maliwal said decriminalising adultery completely is just going to add to the pain of women in the country.
“Totally disagree with the Supreme Court judgment on adultery. The judgment is anti-women. In a way, you have given a open general license to the people of this country to be in marriages but at the same time have illegitimate relationships.”
“What is the sanctity of marriage?” she asked.
Congress leader Renuka Chowdhury agreed with her.
“This is like criminalising the triple talaq law. They have done that but now the men will just abandon us or not give us talaq. They will have polygamy or nikah halala which creates hell for us as women. I am glad it’s not a crime anymore but I do not see how it helps. The court should… give us clarity,” she said.
(With PTI inputs.)
India is country with mixed thinking and mixed opinion where to end up to a single point is next to impossible. Nevertheless 2018 has been a landmark year through out with lot many landmark judgments. If we briefly overview, we can observe that from the this year Gay sex is not a crime, Aadhaar is valid but voluntary, women of all ages are now allowed to enter the Sabarimala temple in Kerala, Triple talaq is now unconstitutional, Adultery is no more an offence under IPC and maybe many more such landmark judgment on its way. All these judgments show that India is heading in the right way, now it’s up to the people to accept it and get along with the change. The reason why India lacks in its development is because it is still stuck in the old customs. Sticking to the old stuff will lead us nowhere. Supreme Court by its verdict has proved that 158 years old law is no longer applicable because people are changing, people’s thinking is changing and moreover India is changing. Thus like 2018 many more years should come which brings change in our country because change is beautiful when change is constant.
Reference:
Times of India, Supreme court strikes down adultery as offense, Sept 2018, 18:59 IST
