CJI told Punishment for Adultery does not makes any sense
Punishment for adultery. Chief Justice of India observed that five years jail term for adultery does not make any sense. In heading five-judge constitution bench, Dipak Mishra told that adultery is not a criminal offense. Besides, adultery relationship done with the consent of the women. Even though, adultery has a civil remedy that is divorce.
Even if the relationship is carried with the consent of the woman, how does it consider as an offense? Importantly there is consent, why to punish only the wife’s lover? Asked CJI Dipak Mishra. Answering the Centre represented Additional Solicitor- General Pinky Anand, bench countered the course of the public good. Protecting marriage is the responsibility of both couples indulge. Even if one fails to go through the agreement of the marriage, civil remedy is there to avail the other. So, CJI Mishra made clear the question of public good in a broken marriage.
Justice D.Y. Chandrachud observed adultery as a consequence of a broken marriage. Justice Indu Malhotra focused upon the different aspect of adultery. If the couple stays separate of over a decades, there may be a possibility that husband takes revenge putting the case of adultery on his estranged wife’s paramour to trouble her. So, punishment for adultery.
IPC Provision
Indian Penal Code section 497 state about the exclusive right of the husband to prosecute his wife’s beloved. But, the same right is not inserted for the wife to prosecute her husband’s beloved women. Also, the wife cannot prosecute her husband for adultery. Most importantly, there is not a single provision in section 497 if the husband has sexual relations with an unmarried woman.
Ms. Pinky Anand confirmed that the government is planning to make adultery gender neutral. But, Justice Chandrachud noted and asked about the burden to maintain the sanctity of marriage the women. So, according to him, neutrality should be there to maintain equality. Punishment for adultery is unacceptable.
Punishment for Adultery may not be termed as punishable But act of adultery as a behaviour abuse or as a teasing tactis both are not a normal /acceptable social behaviour.