Did you know that a married Indian woman cannot be legally indicted if she engages in sex outside of marriage? A man, on the other hand, can be screwed if he engages in adultery? He can be legally tried, and if proved guilty, faces jail time.
Nihal, a 28-year-old bank manager at SBI was forced to marry Alia, a 23-year-old English Honors graduate. Being Muslims, parents traditionally believed in arranged marriage. Devout muslims, they were married off under strict religious norms. The marriage was an obligation on both. The reality was disturbing. Nihal and Alia were merely existing, not living. One night, when Alia returned home, she encountered a beautiful woman, clothes scattered all over the bed and floor… The outsider rushed out, taken by surprise by this sudden interruption.
Alia attempted suicide the next day, but failed.
A week later, Alia charged Nihal for indulging in adultery with a girl named Myra. He was tried and sentenced to five years.
Nihal’s crime: He had saved Myra from her husband who was treating her brutally in public. He brought her home. Alia, who had slept with many men outside of her marriage, had bribed Myra to tell the court that she had extra-marital affair with Nihal.
Feminism appears to be losing its essence. Many cases have been reported where women have exploited the provisions in law that protects their dignity. Many men have fallen because their wives believe they have the power to hurt, legally! Unless we make practical changes in the judicial system, men will continue to be at the mercy of women.
Adultery is characterized under law as a consensual physical connection between two people who are not wedded to one another and either or both are hitched to another person. While the genuine meaning of adultery may shift in diverse locales, the essential subject is sexual relations outside marriage. Adultery, otherwise called infidelity or additional conjugal undertaking, is surely an ethical wrongdoing and is thoroughly considered as a transgression by all religions.
The western world, especially Finland and Belgium, do not regard infidelity as a sin. Indian law considers infidelity as a culpable and horrifying sacrilege. The union of marriage has a profound, common and legitimate approval in India. Subsequently, a sexual contact that mocks this sacred bond suggests disobedience with basic traditions. It is a rupture of trust and encroachment of the sacred conjugal guarantees, honestly and morally held to be respected and does convey a punishment under the decree.
Adultery is considered as an offence and is punishable under Section 497 of the Indian penal code. The rule comes under the criminal law of India and has been placed in chapter XX which is related to offences pertaining to marriage. The law as stated in the law books is as follows:-
Section-497- Adultery “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 five years, or with fine, or with both. In such case, the wife shall not be punishable as an abettor.”
Section-498- Enticing or taking away or detaining with criminal intent a married woman “Whoever takes or entices any woman who is and whom he knows or has reasons to believe to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both”
In Indian law,adultery is characterized as sex between a man and a lady without the consent of the lady’s husband. The man is prosecutable and can be sentenced for up to five years (regardless of the fact that he himself was unmarried) though the wedded lady can’t be jailed.
Men have called the law gender discriminatory. Why should women not be indicted for adultery?