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Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     01 January 2011

Woman cannot commit adultery in India

The Indian Penal Code, was enacted by the British around 1860 or so. Most people in the legal fratenity know that Lord Macaulay was the architect of the IPC.

Under the IPC adultery is an offence. But it is an offence committed by the male involved only. One can say that Lord Macaulay was the Winsten Churchill of the 19th century. He was a well-known English writer extremely proud of his English heritage. He had a derisive opinion of Hindu customs and Hindu culture. Under the English law both the man and the woman are culpable. Some members of the IPC commission wanted that under the Indian law also it should be the same. Lord Macaulay went at length to explain that how the situation in India was different from that in England. He is said to have exclaimed that the Hindu woman was a pitiable creature with no control over herself and she should be spared culpability under the adultery law.

That was how Indian woman [read Hindu woman] escaped the clutches of adultery  law. Anyway 150 years have passed since. A world of changes have taken place. 

What are the opinions of learned club members? Should the law of adultery be amended?



Learning

 9 Replies

JAYESH (Sr. Executive HR.)     01 January 2011

Not only the law of adultery should be amended there are many laws of IPC should be revised. Many members of the LCI might know how deadly the law 498a is. Our central government should take in to consider & revised our many of the law of IPC. Males & Females should be treated equally in all the aspect. Right now the situation is that due to efforts of many groups (female belonging) in past puts efforts to make condition of females better had shown good response. Many IPC laws were framed to protect females but on the same they had not consider the misuse of that that law against male. Now IPC should be revised in such a way that females & males should be consider equal & then law should be constructed. PLEASE NOTE THAT I'M NOT IN AGAINST FEMALES. I DO RESPECT FEMALES. FOR ANY FAMILY TO BE COMPLETE & SUCCESSFUL THERE SHOULD BE BOTH MALE & FEMALES. THE ONLY THINGS THERE SHOULD BE A VERY GOOD UNDERSTANDING BETWEEN MALES & FEMALES THEN ONLY COMPLETE & SUCCESSFUL FAMILY EXIST.

||OM SAI RAM||

Roshni B.. (For justice and dignity)     01 January 2011

yes adultery law must be amended and both females and males must be punished for adultery.

a man or a woman willingly engaging in affairs with a married woman or a man too shud be punished,besides the adulterer himself.

however if such a person has affair with a married person,who was lied to his lover that he is unmarried or is blackmailing him into having affair,then such a person may be spared,and only the married person punished for adultery as well a blackmailing

N.K.Assumi (Advocate)     02 January 2011

It is a blot on the Statue book and should be scraped.

ABHIJIT (manager)     02 January 2011

I am biggest victim of this though its not full adultery as my wife is having extramarital affairs with no s*xual involvement with a guy as far as I think .she is openly flaunting and claiming she is having it and she  wants to do it. she also said that its not a crime to have extramarital affairs. I want to take legal action on that guy is it possible any way as I love my wife very much and want to protect my family.what are the wayout


(Guest)

According to Sec497 if your wife gets indulged in se*ual realtion  with that boy then only he can be prosecuted.

Otherwise you can do nothing.

As she claims that she has relation with that guy , it amounts to cruelty on you.It can be a ground of divorce only which you or we don't want.So, better you talk with her regarding this matter and try to solve it with love.

ALL THE BEST.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     02 January 2011

Mr. Abhjit: a case similar to yours was reported in Mumbai Mirror on New Years Day.  You can file a criminal complaint against the man involved under Section 497 of the IPC. But you say that your wife's affair does not involve s*x. If it is really so and you believe so the case is a bit difficult. In the case reported yesterday also the defendent claimed that there was no s*x. But the aggrieved husband hired a private detective and got the two photographed hugging and kissing and produced them in the court. His advocate claimed that more evidence was not practicable. The defendant's advocate realising his argument was weak withdrew the argument. The case has been referred back to the trial court. I do not the above information will help you in any way. You can cite your wife's behaviour as a ground for divorce.

Now coming back to IPC 497, it seems it is not applicable to Catholics. I remember years ago a case came up before the Madras High Court against a man and a woman, both Christians, who were allegedly in adulterous relationship. Whereas the court took a lenient view on the man, it punished the woman. The reason given was that, whereas a man engaging in adultery posed no risk to his legal family, an adulterous woman may thrust her illegitimate child on her legitimate husband.

Kalidasa gives the same argument when Dushyanta disowns Shakuntala. Curiously in English also the hapless husband is referred to as "cuckold"

 

Anjali Behera (not applicable)     02 January 2011

If what you say is right why don't you apply the same to your wife and see the results...for me it seems that you are having some scarcity of time to spend along for which the problem arose and she is using this technique to get your attention and time...

ABHIJIT (manager)     02 January 2011

 

dear anjali madam, we have relationship  for past 8years.wegot married in 2005.my family was dead against the marriage and even they did not participated in it.neither I took any kind of support from my parents and my wife's parents.I was working alone to make both ends meet.I have startedfrom scratch.we oth struggled a lot .In             between we have seen lots of ups and down. but I  always stood by her side never compromise with anything which will make her unhappy.but due to misfortune some bad experiences happened which beyond human control .but I am always loyal and faithfull to her .ininitial years yes due to work pressure I was not able to give her time but in weekends always I spent with her .even I forgot my social life just to make her happy and give her enough time.but ever since late 2009 she started working she used to spend both saturday and sundays with her office colleagues while I was sitting alone in the home waiting for her.still now she is with me and I am trying to amend everything  by doing every necessary things and needs of her.but after coming back from office I saw her over telephone only by talking flirtatous things.she does not even talk to me properly .yes I do admit one thing after seeing all this I do get frustated sometomes and sometimes my bad feelings turn into anger.but ultimately she is my family and world.I tried to talk  with her about her extramarital relationship but she always avoided it by saying that I am trying create a querrelling atmosphere but it is not so and she always tells upright whatever she is doing its her personal matter and I am nobody to interfere and whatevr she is doing its right.but she was nver like this before but I am seeing these changes after she started working.do not think in this ways that I am trying to showcase myself as great soul and none of my words is to project that I am showing off.whatever I have done its sheer out of love and respect towards her.I have no regret and repentence for whatever little I have done for her.Yes I can accept that there can bebetter life style than Whatever we are living .but From very beginning Iacknowledge everything aout me to her that what I am and only god knows I did not trying to hide my true self

Anjali Behera (not applicable)     02 January 2011

Hello, Its really a sad story to hear about,because whenever I hear marriages at doldrums I feel sorry,by the way don,t you have kids ..as you said you are having long years of relationship and already married since 2005, kids are one of the gods gifted bond to give a marriage finality and responsibility gives a strong tie in between couples.As you said you people have not enjoyed a normal wedding which might have had some effect in your better half,s mind a feeling like something lacking in the life, As you already said she said she is not having any other kind of relationship with her friend but only talking and spending time with them, to be frank without physical things you can not term it as extra marital ...but yes sometime it happens that after some 9 /10 years of married life every married couple experience some syndrome which I do not remember exactly when they become detached from each other psychologically...actually I have studied about it somewhere in psychology..and even people who have love marriage also face this problem...so the crux is try to find out the root cause only than you will be able to tackle and fight it..I in this new year wish you all good luck and pray to god that your life is settled again with your love.Happy New Year 2011.


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