ADULTERY: A CRIME OR A RIGHT

The world adultery is well known to each and everyone in the society, but how many of us are actually well versed with its meaning and relevancy is a question to be pondered over. Adultery in simple language means having sexual intercourse with the opposite sex other than their own spouse, which mainly arises due to dissatisfaction between couples. The ingredients of adultery are unfaithfulness, traitor, betrayal, dishonesty, not loyal, lie, conceiving facts, etc. Though the word adultery is very simple but it has always had a great impact on the relationship of husband and wife and also on the society as a whole.

Marriage is a sacred bond tied between a man and a women.  Life is not a one night stand; every-one needs a companion to move along the path of life therefore, every-one chose their sole-mate. This binds a man and a woman into a strong bond of love. Which consists of trust, faith, loyalty, etc The question arises, what breaks this bond?

Adultery is such a practice where only a man is said to be adulterous and not a women. According to Section 497 of the Indian Penal Code, 1860 only a man can be punished for being adulterous and not a women.  The definition under the law prevails throughout the country and itself is absurd and has certain loop holes which has to some extent caused threat to the society at large, where only a man is said to be adulterous and not a women, where equality prescribed under the Article 14 of the Indian Constitution is not implemented in the right form. Adultery happens with a mutual consent of both the parties and where there is no free consent it would be treated as rape under Section 375 of the Indian Penal Code.

According to the provision of IPC, the punishment for adultery is not equal but in various cases the court has given justification for its defects, stating India being a male dominating society and which always sees a women as a victim and not as a seducer.

In the present era of the rapid globalization and westernization it would not be justified to consider every women as a victim. More often it is seen in current scenario that it is the women who turns to be the seducer and generally escape from their liability due to certain loop holes in the laws. Indian Constitution emphasizes on equality of both men and women. But what about the right of those men who might be the victim, not a seducer in cases of adultery.

Totally disagreeing with the law is not what we main to say. What is actually required at this hour of time is a stricter law where each and every party to adultery is equally punished so that this practice can be totally washed off and the rights of the other spouse into the marriage can be protected.

We should stop encouraging adultery indirectly, and make the laws clear and strict.

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