s.497

1. A woman cannot be punished for adultery even if she is involved in an illicit relationship and is treated as the victim under law, according to the National Commission for Women that has shot down proposals in this regard.

2. The Commission had been asked by the Centre wayback in 2007 to review Section 497, which does not envisage prosecution of the wife by the husband for adultery.

3. The section provides expressly that the wife shall not be punishable even as an abettor based on the reasoning that the wife, who is involved in an illicit relationship with another man, is a victim and not the author of the crime.

4. According to NCW sources, the Commission does not feel that by merely prescribing punishment for women by amending Section 497, the marriage can be protected or saved. I am yet to see one comment from NCW how they come to this "national consensus conclusion" :-)

5. The NCW has forwarded its recommendations to the government, in which it has stated that considering the relatively socially-disempowered position of women, the Commission suggests no amendments to Section 497 of the Indian Penal Code. Tell me lookign at any major age women around any town of India do one feels that they are "socially-disempowered" in any respect ?

6. The existing provision in the IPC is based on the mindset that the wife is a personal possession of the husband, who is the sole aggrieved person in an incident of adultery. Now how do you come to such wague assumption that a wife of an Indian husband is his personal possession? Doesnot Indian wife have their own life and liberty the way divorce stats are shooting the roof in recent decade what does it sjow who is having whose personal possession!

7. The Commission has, however, recommended suitable amendments to Section 198(2) of the Criminal Procedure Code, which as of now disqualifies the wife of an unfaithful husband from prosecuting him for his promiscuous behaviour.

8. It has told the government that as the wife already can take action against her husband under various other legal provisions, such as Section 498A of the IPC, there is no reason that she should be debarred from initiating prosecution under Section 198 of CRPC. Thanks Indian God's that NCW has given largese to Indian men to be less prosecuted by one less Section of IPC when 498a IPC was not enough to cause havoc to family dog to 14 months of newborn to be put behind prison without any explanation. I am per se relieved of this gifts from NCW to the Indian Husbands.

9. The wife, in such cases, ought to be the person aggrieved and competent to file a complaint under Section 198. Yes, it is only the Indian Wife who have right to be aggrieved and where are the duties of Indian wife?

10 . In another important recommendation, the Commission has said adultery should be treated as a civil wrong and not a criminal offence. It is of the view that there may be many instances where the woman wants to save the marriage and sees the adulterous relationship as an aberration. This I  call far sighted safety clause to name such wrongs to be under civil wrongs least law changes with time then harsher punishments that comes with using IPC is safeguarded for women.

Bare act even I know can we know your take on what on devil's mind is "national consensus" on punishing women (wife) under adultry Law ?

Have you ever been involved into RTI activity asking a particular Department / Minstery of GOI to give true copy of complete file on a particular subject with notes / drafts / recommendations / comments from general public etc. etc. Various wings of GOI Departments publish in national newspaper such call for comments from general public and clear answer one can find there and returnign back to this subject now you know why NCW didnot allow passing amendement in S. 497 IPC ??

So that we can debate about it  is the answer.

It is not the duty and responsibilities of layman who is not even member of the Bar like me to remind 'professionals' of their social obligations it is self taking subjects of national interest for a "common cause" for a better Indian society just like if you read my so called analysis of "multiple maintenance litigation" under Family Law Forum you will understand where society in general is leading to and why ther eis a overload of workload in Judiciary. It is just to please certain sections of Indian women nothing else.

Sorry for speaking my heart out. I do not mean them to sound personal but I am a  aggrieved Indian husband  as stated in my profile so truth is always harsh when I see such civil / criminal wrongs happenign around me.
Rgds,