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Section 497
The Supreme Court recently unanimously nullified Section 497 of Indian Penal Code which made adultery punishable offence for men. The law itself a British era patriarchy which labelled women as property of her husband. The law was challenged by a Keralite NRI Joseph Shine and the court felt the law as an impediment to women empowerment and progressive approach.
What is Adultery?
Adultery is a punishable offence set by erstwhile British rulers, in 1860 section 497 was added to IPC which termed sexual intercourse with a married woman without the consent of her husband, not amount to rape but adultery itself and the offence was punishable to five years imprisonment or fine or both in case.
Patriarchy involved
Since this law heavily relied on male domination over his spouse and made women almost like a chattel of his husband. The law made was clear in its version that no woman can file a complaint under this law against her adulterous husband and husband himself can file such a case, where his wife as an abettor wouldn't be subjected to any punishment. Only the man against whom the case is registered under section 198(1) and section 198(2) of CrPc is liable to punishment.
Women Empowerment
Although the law itself may attract some degree of social support, it was against the nature of social justice and civil liberties enshrined in article 14 and article 21 of the Indian constitution. The article 14 of the constitution gave individuals equal rights and that include women, further article 21 peaches for personal liberty and section 497 was a clear violation of women's privacy.
Way Ahead
Disregarding popular view on the issue the Hon'ble Supreme Court led by former Chief Justice Dipak Misra concluded a rational judgement, terming the section illegal. The judgement made it clear that still, adultery is a valid ground for annulment of marriage and if one spouse commits suicide for another's adultery, the latter can be charged with abetment to suicide, with supporting evidence.
However, Indian culture has for centuries made such act as a heinous and condemnable crime. Although the judgement has upheld the right to personal liberty for women but failed to address the sacred Indian Culture. India is a country where the woman is praised as a goddess and such indecent act whoever commits isn't in sync with the cultural heritage of the country.
Conclusion
The judgement by the Supreme Court has successfully upheld the right, a woman should enjoy in a marriage relationship where both partners have equal responsibility. A progressive judgement like this could open Indian mind against the misogynist thoughts. However, marriage is a sacred bond and one should take account of one's accountability first.
What is Adultery?
Adultery is a punishable offence set by erstwhile British rulers, in 1860 section 497 was added to IPC which termed sexual intercourse with a married woman without the consent of her husband, not amount to rape but adultery itself and the offence was punishable to five years imprisonment or fine or both in case.
Patriarchy involved
Since this law heavily relied on male domination over his spouse and made women almost like a chattel of his husband. The law made was clear in its version that no woman can file a complaint under this law against her adulterous husband and husband himself can file such a case, where his wife as an abettor wouldn't be subjected to any punishment. Only the man against whom the case is registered under section 198(1) and section 198(2) of CrPc is liable to punishment.
Women Empowerment
Although the law itself may attract some degree of social support, it was against the nature of social justice and civil liberties enshrined in article 14 and article 21 of the Indian constitution. The article 14 of the constitution gave individuals equal rights and that include women, further article 21 peaches for personal liberty and section 497 was a clear violation of women's privacy.
Way Ahead
Disregarding popular view on the issue the Hon'ble Supreme Court led by former Chief Justice Dipak Misra concluded a rational judgement, terming the section illegal. The judgement made it clear that still, adultery is a valid ground for annulment of marriage and if one spouse commits suicide for another's adultery, the latter can be charged with abetment to suicide, with supporting evidence.
However, Indian culture has for centuries made such act as a heinous and condemnable crime. Although the judgement has upheld the right to personal liberty for women but failed to address the sacred Indian Culture. India is a country where the woman is praised as a goddess and such indecent act whoever commits isn't in sync with the cultural heritage of the country.
Conclusion
The judgement by the Supreme Court has successfully upheld the right, a woman should enjoy in a marriage relationship where both partners have equal responsibility. A progressive judgement like this could open Indian mind against the misogynist thoughts. However, marriage is a sacred bond and one should take account of one's accountability first.
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