Supreme court decision of section 497, adultery

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A five-judge Constitution bench of the Supreme Court Thursday unanimously ruled to scrap Section 497, which deals with adultery, of the Indian Penal Code (IPC). Now adultery is not crime. But for me this decision is opponent.

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I have to read about it. I missed on this news. Adultery is not good in a relationship and has social and moral stigma attached to it but if seen on a broader prospect can not be grouped under criminal offence. If it results in to murder, kidnapping or any other cases then it can be considered otherwise. I have to read and come back.

Even though adultery is not a crime, if people follow this practice this can create bad feelings for their spouse or children. Because while having some extramarital affair people generally ignore their duties towards their children or family which is equivalent to a crime because foremost duty of the person is to look after their family. But now a days extramarital affair is common in metro cities because in many cases the wife lives in some city and husband is in different city.  I myself have seen few cases myself in IT sector.  

There has been more than enough adultery in our society , so there is no point in pretending  otherwise. A man could have multiple wives and it is accepted as a man's prerogative. If a married woman has an affair with other men , she is condemned , even when it is the case if a married man having an adulterous relationship, it is the woman who is blamed , so much for our double standard s!!!! Thank God  our Apex court is being sensible about the issue ...

usha manohar wrote:

There has been more than enough adultery in our society , so there is no point in pretending  otherwise. A man could have multiple wives and it is accepted as a man's prerogative. If a married woman has an affair with other men , she is condemned , even when it is the case if a married man having an adulterous relationship, it is the woman who is blamed , so much for our double standard s!!!! Thank God  our Apex court is being sensible about the issue ...

Hindu marriage act not allowed multiple wives. For me affairs of married men and women both are crime. It is against our tradition and culture.

arjun sai wrote:

Even though adultery is not a crime, if people follow this practice this can create bad feelings for their spouse or children. Because while having some extramarital affair people generally ignore their duties towards their children or family which is equivalent to a crime because foremost duty of the person is to look after their family. But now a days extramarital affair is common in metro cities because in many cases the wife lives in some city and husband is in different city.  I myself have seen few cases myself in IT sector.  

Adultery is not crime in eye of law but it is against our social system. In our society marriage is holy relation. If adultery will make a legal one than it will damage our social system.

Many people fear that this law would encourage adultery. But if the relationship between a husband and wife is strong, not withstanding this law, the relationship should remain intact. 

Blaming this law is akin to saying that people has refrained from indulging in adultery due to fear of law. I believe that marriage should be based on trust. The partners should not indulge in adultery because they believe in the sanctity of marriage and not because the law make it a crime.

jabeen wrote:

Many people fear that this law would encourage adultery. But if the relationship between a husband and wife is strong, not withstanding this law, the relationship should remain intact. 

Blaming this law is akin to saying that people has refrained from indulging in adultery due to fear of law. I believe that marriage should be based on trust. The partners should not indulge in adultery because they believe in the sanctity of marriage and not because the law make it a crime.

Exactly my thoughts ...

Marriage is not a commercial agreement. It is union of two hearts. It is our believes that marriage is decided in haven. Mutual trust is base of marriage. I think law is not capable in strong bonding between boy and girl.

Whether marriages are made in heaven or not is debatable and is just a belief . As Human society  evolved ,  the institution of marriage and family too evolved. Earlier human beings we're polygamous / polyandrous. No doubt that marriage gives stability and security to the family besides strengthening our relationships. However , nothing is perfect and with some men openly flouting their second or third families regardless of religion , most people prefer to pretend not to know and look away , a typical attitude of our society. Now at least the Supreme Court has hit where it hurts the most because there are rights that a woman can claim when she is forced into an adulterous relationship and a man too would take care because he cannot wash his hands off and move on like he did before. The court has made sure that each individual take responsibility for their actions.

usha manohar wrote:

Whether marriages are made in heaven or not is debatable and is just a belief . As Human society  evolved ,  the institution of marriage and family too evolved. Earlier human beings we're polygamous / polyandrous. No doubt that marriage gives stability and security to the family besides strengthening our relationships. However , nothing is perfect and with some men openly flouting their second or third families regardless of religion , most people prefer to pretend not to know and look away , a typical attitude of our society. Now at least the Supreme Court has hit where it hurts the most because there are rights that a woman can claim when she is forced into an adulterous relationship and a man too would take care because he cannot wash his hands off and move on like he did before. The court has made sure that each individual take responsibility for their actions.

No question on it that marriages are made in heaven is belief like many other beliefs. These belief is give us moral strength and also suggest to respect relations. Every thing have exception. It is our culture that even wife know that her husband have relation with other women, but always keep shut her mouth for shake of her family and children. If both men and women are serious for relation here is no need of any law.

usha manohar wrote:

Whether marriages are made in heaven or not is debatable and is just a belief . As Human society  evolved ,  the institution of marriage and family too evolved. Earlier human beings we're polygamous / polyandrous. No doubt that marriage gives stability and security to the family besides strengthening our relationships. However , nothing is perfect and with some men openly flouting their second or third families regardless of religion , most people prefer to pretend not to know and look away , a typical attitude of our society. Now at least the Supreme Court has hit where it hurts the most because there are rights that a woman can claim when she is forced into an adulterous relationship and a man too would take care because he cannot wash his hands off and move on like he did before. The court has made sure that each individual take responsibility for their actions.

I totally agree with you. Sweeping the issues under the carpet does not mean that the issue does not exist. 

I would welcome this judgement as a progressive judgement. Adultery no way fits the criterion of a crime. It can be seen as a moral and social sin but not as a crime in the eyes of law. Women are in marriages where they get things except emotional stability and support. Same is true with men. Many women have been punished for having a friendship that is not physical but is more of emotional support. 

usha manohar wrote:
jabeen wrote:

Many people fear that this law would encourage adultery. But if the relationship between a husband and wife is strong, not withstanding this law, the relationship should remain intact. 

Blaming this law is akin to saying that people has refrained from indulging in adultery due to fear of law. I believe that marriage should be based on trust. The partners should not indulge in adultery because they believe in the sanctity of marriage and not because the law make it a crime.

Exactly my thoughts ...

This is exactly my thought too. Love for a person or marriage cannot be diluted by any kind of law. It's pure affection for each other and respect for the relationship never allows any third person. Earlier it was a crime but now, it's not. Well, the true and rock-solid relationship always know how to stand the test of  time.  

I think the decision is not right, it has to be taken in the light of the Country's rich heritage & Culture that the Country is known for. A Country where the ideals are like Rama & Sita , Sri Ramakrishna & Sri Sarada Devi are being worshipped, in such a Country a decision like Adultery is not a Crime is not acceptable.

If it was in a western Country where ideals are not present then there is nothing wrong as per their customs but our steadfast culture, heritage does not deserve this decision.

Recently an incident surfaced where the husband was having an extra marital affair & when the wife opposed this action of his husband the Husband told that now Adultery is not a Crime & hence there is nothing you can do.

Now is that what the Country's law should promote?

Agreed that the relations are personal & their own decisions should be taken but in our Country where the ideals are so pure & spiritual, legal enforcement to stick to such ideals should be there so that other Countries can take some inputs from our Judiciary, else it will be like a case where the other Countries will think that this Country called India has Ideals like Rama & Sita, Sri Ramakrishna & Sri Sarada Devi but in such Country itself the law is not right. Is that Country deserving of such people?

So it is important for our judiciary to reconsider this aspect & change the decision.

Shampa Sadhya wrote:
usha manohar wrote:
jabeen wrote:

Many people fear that this law would encourage adultery. But if the relationship between a husband and wife is strong, not withstanding this law, the relationship should remain intact. 

Blaming this law is akin to saying that people has refrained from indulging in adultery due to fear of law. I believe that marriage should be based on trust. The partners should not indulge in adultery because they believe in the sanctity of marriage and not because the law make it a crime.

Exactly my thoughts ...

This is exactly my thought too. Love for a person or marriage cannot be diluted by any kind of law. It's pure affection for each other and respect for the relationship never allows any third person. Earlier it was a crime but now, it's not. Well, the true and rock-solid relationship always know how to stand the test of  time.  

If person have respect for relation than they need not any extra relation with any one.

epraneeth77 wrote:

I think the decision is not right, it has to be taken in the light of the Country's rich heritage & Culture that the Country is known for. A Country where the ideals are like Rama & Sita , Sri Ramakrishna & Sri Sarada Devi are being worshipped, in such a Country a decision like Adultery is not a Crime is not acceptable.

If it was in a western Country where ideals are not present then there is nothing wrong as per their customs but our steadfast culture, heritage does not deserve this decision.

Recently an incident surfaced where the husband was having an extra marital affair & when the wife opposed this action of his husband the Husband told that now Adultery is not a Crime & hence there is nothing you can do.

Now is that what the Country's law should promote?

Agreed that the relations are personal & their own decisions should be taken but in our Country where the ideals are so pure & spiritual, legal enforcement to stick to such ideals should be there so that other Countries can take some inputs from our Judiciary, else it will be like a case where the other Countries will think that this Country called India has Ideals like Rama & Sita, Sri Ramakrishna & Sri Sarada Devi but in such Country itself the law is not right. Is that Country deserving of such people?

So it is important for our judiciary to reconsider this aspect & change the decision.

Due to this type of laws in our country people have become more shameful. People in western countries also have more manners. I read one incident where bachelor boys invited girls to his house so the owner objected that it is not allowed. In response to this the shameless guy told his landlord that even he has seen ladies visiting the landlord so he want to check his house also. He also told his landlord that he doesn't need to do marriage to enjoy with girls. People in western countries are more respectful to elders.

epraneeth77 wrote:

I think the decision is not right, it has to be taken in the light of the Country's rich heritage & Culture that the Country is known for. A Country where the ideals are like Rama & Sita , Sri Ramakrishna & Sri Sarada Devi are being worshipped, in such a Country a decision like Adultery is not a Crime is not acceptable.

If it was in a western Country where ideals are not present then there is nothing wrong as per their customs but our steadfast culture, heritage does not deserve this decision.

Recently an incident surfaced where the husband was having an extra marital affair & when the wife opposed this action of his husband the Husband told that now Adultery is not a Crime & hence there is nothing you can do.

Now is that what the Country's law should promote?

Agreed that the relations are personal & their own decisions should be taken but in our Country where the ideals are so pure & spiritual, legal enforcement to stick to such ideals should be there so that other Countries can take some inputs from our Judiciary, else it will be like a case where the other Countries will think that this Country called India has Ideals like Rama & Sita, Sri Ramakrishna & Sri Sarada Devi but in such Country itself the law is not right. Is that Country deserving of such people?

So it is important for our judiciary to reconsider this aspect & change the decision.

Well said, it is not possible to follow law in some case. People who are favoring this change, think one for time that what will happen with children of couple if they are facing Quarrel between their parents for extra martial relation. With this change case of divorce will increase. Our social system collapse with it.

Shampa Sadhya wrote:
usha manohar wrote:
jabeen wrote:

Many people fear that this law would encourage adultery. But if the relationship between a husband and wife is strong, not withstanding this law, the relationship should remain intact. 

Blaming this law is akin to saying that people has refrained from indulging in adultery due to fear of law. I believe that marriage should be based on trust. The partners should not indulge in adultery because they believe in the sanctity of marriage and not because the law make it a crime.

Exactly my thoughts ...

This is exactly my thought too. Love for a person or marriage cannot be diluted by any kind of law. It's pure affection for each other and respect for the relationship never allows any third person. Earlier it was a crime but now, it's not. Well, the true and rock-solid relationship always know how to stand the test of  time.  

I have noticed that Indians have double standards where ladies are concerned, so all the more reason to have laws that bring in equality at least on paper because it is difficult to change the mind set if people. Being judgmental about westerners without knowing anything about their lifestyle is very common among Indians. The Westerners are far more refined, not corrupt and are extremely well mannered towards women which our men can try and learn from them. They instead idolize Rama who made Sitas life miserable because he wanted to prove he was a perfect being and Ramakrishna Paramahamsa who did the same to his wife . We should be actually admiring the wives rather than these so called great men, such is our society. I am yet to see a Indian middle class man give a helping hand to a y woman in difficulty ,unlike the western men who go all out to help when they see and sense a lady is having some problems .What they do with their personal life is their problem , why should it bother anyone ? 

I agree with the fact that it doesn't matter what people do in their personal lives because it is their fundamental right. But if people do live in relationship and adultery openly then it will affect the culture of India. More and more people will start following that trend. This will not be helpful in preserving the rich culture of our country.

arjun sai wrote:

I agree with the fact that it doesn't matter what people do in their personal lives because it is their fundamental right. But if people do live in relationship and adultery openly then it will affect the culture of India. More and more people will start following that trend. This will not be helpful in preserving the rich culture of our country.

So what you say is that people should indulge in adultery underhand ...by the way Indian Kings and even our God's had many wives and indulged in adultery , so why pretend otherwise?

No law or judgement can encourage adultery. It is a personal choice and many people do this. This judgement only says that it is not a crime because it doesn't fit the criteria of a crime. It no where mentions that it is a good thing to do.

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Created Friday, 28 September 2018 08:23
Last Updated Tuesday, 30 November -0001 00:00
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