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Adultery Law Biased Against Men A serving Brigadier of the Indian Army found guilty of committing adultery has been awarded 3 years RI and will also be cashiered from service while the consenting woman, who was an equal partner in the affair, got off Scot free. This recent incident once again raises the question , ' why is Sec 497 IPC biased against men?'What happened to to 'Gender Equality'? Wonder why no noise has been made by feminists who leave no opportunity and fight tooth and nail for 'equality' in status, rights and opportunities. A large number of groups, working in pursuit of gender equality, are mute on this issue where the man(adulterer) faces harsh and criminal punishment while the woman (adulteress) gets away without any punishment of equal nature and is rather shown as a victim. On 7Dec2017, the Supreme Court has agreed to re-examine the 157 yrs old law on adultery u/s 497 IPC which punishes men only. Sec 497 states ' whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to 5 years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.' The Supreme Court bench has said that 'Prima Facie, , sec 497 IPC grants relief to the woman (wife) by treating her as a victim'. But how/why is it that when adultery is committed by two consenting adults, one( male) is liable for criminal offence but the other (woman) is absolved?When a complaint is received from a man or woman that their spouse is involved in adultery, both the parties should be liable for equal consequences. Ordinarily, the criminal law proceeds on gender neutrality but it is missing in Sec 497 IPC which clearly discriminates against men and violates Article 14, 15 and 21 of our Constitution. The Supreme Court has issued notice to the Centre, seeking it's response in 4 weeks. It will be interesting to watch how and when the feminists will come out with their slogans and banners , demanding gender equality u/s 497 IPC also, which on the first view , is archaic and tantamounts to subordination of a woman when the Constitution confers equal status. KMLAWASSOCIATES is a peerless law firm in New Delhi NCR , providing swift and effective legal advice and legal services. Our experienced and professional team combine their legal expertise to ensure that our clients-individuals or businesses , receive smooth and best possible legal solutions. KMLAWASSOCIATES is the most reliable law firm in Delhi NCR for Matrimonial matters like divorce, maintenance, child custody, domestic violence etc.
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