Why not make adultery legal in india?

adultry at the most ought to be a civil offense and not a criminal offense.

exactly. thank you atleast somebody understand my idea.

 

Similarly if one has consensual s*x(enjoying Liberty guaranteed by Article 21) with another married adult outside marriage(called adultry under IPC), nobody is violating rights of anybody in criminal manner. Please note the fact that the s*x in adultry is consensual just like in case between unmarried adults which has already been decriminalised by courts. Difference being only that adultry violates the civil rights of other spouse in question under marriage in a civil aspect.

 

ok from your point of view adultry should be a civil offence. but many european countries have decriminalized adultry totally. i think they have more liberal understanding.

 

 

 

 

 

 

 

 

 

 

 

 

 

Originally posted by :arnab banerjee
"	ok from your point of view adultry should be a civil offence. but many european countries have decriminalized adultry totally. i think they have more liberal understanding.	"

Just because some law is being followed by some European countries does not mean it is reasonable, logically sound and can automatically fit properly into our Constitutional scheme of laws.

I have explained the position from Constitutional perspective in points 1, 2 and 3. All are equal before law under our Constitution. The spouse effected by adultery certainly has some rights that  get effected by adultery, therefore should be entitled for similar relief under law. If you find some unreasonableness or illogic in the explanation or understanding, then please rebutt it with proper reasoning and logic.

What is the name of your mother Mr. Arnab?

Imagine a society where children cannot tell the name of their mother when people ask them "who is your mother" or "what is the name of your mother".

Rather than drifting the discussion into mere personal conjectures and opinions, let us keep this discussion to the points of law in question emnanting from the Constitution of India especially Article 21.

Originally posted by :chandrasekhar.7203@gmail.com
"	Imagine a society where children cannot tell the name of their mother when people ask them "who is your mother" or "what is the name of your mother".	"

look mr. chandrashekhar by asking my mother's name actually you insult me a lot. don't i have my own identity as an individual? why should i always be identified by my parents and not by my own name? if you are interested in me then please talk to me or if you are interested in my parents please don't talk to me, talk to them.

 

people like you are sooo backward that even talking with you is a waste of time.  i am an individual and my name is arnab. that is enough identity of me. 

 

when india will grow up?

Originally posted by :Democratic Indian
"	Rather than drifting the discussion into mere personal conjectures and opinions, let us keep this discussion to the points of law in question emnanting from the Constitution of India especially Article 21.	"

exactly sir and thank you.

 

yes you are right. all people are equal before law. the spouce whose private right got violated must receive a compensation. that makes adultry a civil offence. that is very logical sir. i agree with you. but the same logic can be applied to all marriage related offence. isn't it sir? after all marriage related offence violates private right and not public right. so why they be criminal? they are civil offence.

"In India the offence of adultery is punishable under Section 497 of the Indian Penal Code (IPC), 1860. As it stands, this Section makes only men having s*xual intercourse with the wives of other men without the consent of their husbands punishable and women cannot be punished even as abettors."

So, choose unmarried/widow girls...

Originally posted by :arnab banerjee
"	yes you are right. all people are equal before law. the spouce whose private right got violated must receive a compensation. that makes adultry a civil offence. that is very logical sir. i agree with you. but the same logic can be applied to all marriage related offence. isn't it sir? after all marriage related offence violates private right and not public right. so why they be criminal? they are civil offence.	"

If you note my earlier reply you will find that I have mentioned that adultery at the most ought to be civil offense. And the reason being that marital/conjugal rights of the other spouse get affected. How do you give legal relief to the affected spouse? Allow adultry to be one of the grounds for divorce etc. which already seems to be there in the law. In light of Article 21 and judgments of hon'ble courts related to unmarried s*x and live in relations, the criminal punishment of sending only one person involved in voluntary and mutual act of adultry appears unreasable, unfair and quite harsh in the Constitutional scheme of things.

Originally posted by :mrgop
"	"In India the offence of adultery is punishable under Section 497 of the Indian Penal Code (IPC), 1860. As it stands, this Section makes only men having s*xual intercourse with the wives of other men without the consent of their husbands punishable and women cannot be punished even as abettors." So, choose unmarried/widow girls...	"

Sir we are aware of Section 497 IPC. We are discussing the vires of it in respect to the Constitution of India. We are not discussing alternative work arounds because of Section 497 IPC.

That way you should get feeling of insult even when somebody asks you "Are you and Indian". .....You will say  "Indian" means what?  I need to be identified by my country?   Don't I have my own image?  YOu ask me what I am.  Don't ask me which country I belong to.  Being identified by your parents or country is a matter or pride not insult.

 

By the way being identified by our parents is giving respect to them.  I feel proud when somebody asks me are you son of Mr. or Mrs. so and so.  I don't feel inferior to my parents and think, they have better reputation than me.  Nor I retort the fellow who asks me, "How dare you ask me that? Don't I have my own image in society?", I feel that is arrogance.  I am always inferior to them howsoever big I grow in my life. 

https://www.citehr.com/294003-new-law-government-india-3.html?status=closed Read khushboo Vs. Kanniammal - Supreme Court Judgment - A perspective in the weblink provided.

Originally posted by :chandrasekhar.7203@gmail.com
"	By the way being identified by our parents is giving respect to them.  I feel proud when somebody asks me are you son of Mr. or Mrs. so and so.  I don't feel inferior to my parents and think, they have better reputation than me.  Nor I retort the fellow who asks me, "How dare you ask me that? Don't I have my own image in society?", I feel that is arrogance.  I am always inferior to them howsoever big I grow in my life.	"

it is your personal feeling sir. if you feel proud when people ask about your parent , that is totally your feeling. i as an individual in a democratic country am not bound to feel the same way you do. so please keep your personal feeling to yourself and don't interfare in discussion if you don't have any reasonable thing to say.

than you very much.

Originally posted by :Democratic Indian
"	How do you give legal relief to the affected spouse? Allow adultry to be one of the grounds for divorce etc. which already seems to be there in the law. In light of Article 21 and judgments of hon'ble courts related to unmarried s*x and live in relations, the criminal punishment of sending only one person involved in voluntary and mutual act of adultry appears unreasable, unfair and quite harsh in the Constitutional scheme of things.

the legal relief to the affected spouse will be damage awarded in civil proceeding and that damage must be determined by court of law and not by the affected party. that damage should not exceed in any case above 1,00,000 ( 1 lakh). the damage should be negotiable and paid in  small instalments. court will negotiate the damage with the party who will pay the damage.

i don't think the crime of adultry is so serious that it could attract such a huge punishment.

the criminal punishment of sending only one person involved in voluntary and mutual act of adultry appears unreasable, unfair and quite harsh in the Constitutional scheme of things.

yes i do agree. adultry is nothing but a LOVE AFFAIR between a man and someone's wife. love cannot be a crime at all.

Legal relief for affected spouse is already there in form of divorce since adultery is a ground for divorce. When the basic ground for marriage, that is commitment and trust has been breached and if no scope for reform or repent, it is logical to proceed with divorce. Why it is necessary to monetize the legal relief in form of money instead of divorce?

Ha..Ha.  No comments about weblink article?  You might not have understood it.