For long, there has been a debate on whether adultery should be regarded as a crime as it is under Indian laws. Finally, the argument seems to be going in favor of those against this social malaise being treated as a criminal act.
The draft National Policy on Criminal Justice, authored by the Madhava Menon committee, has responded to the demand of the National Commission for Women (NCW) to de-criminalize adultery by recommending that it should be treated as a social rather than a criminal offence.
Like many others I firmly believe that this is a bold move and that too in the right direction.
National Commission for Women (NCW) is often flaked by many, especially by organizations such as the Save Indian Family Foundation and the likes. And I guess they have their reasons – some valid ones and some at times simply exaggerated.
Though some have argued that treating Adultery as a civil offence will only encourage people to commit such acts due to lack of any grave legal-implications added to it. Frankly speaking this reasoning is something I really can’t figure out. Firstly, since Adultery is perceived as sexual intimacy between consenting adults in private then on what bases can one be imprisoned for that. Secondly, if someone desires to have consensual sex or an affair outside marriage they will do so irrespective of the fact that their very act could land them up in prison. And most importantly a marriage which is held together because of legal complications and nothing else is just not worth it in the first place.
Therefore it only makes more sense to term it as a civil offence and not a criminal one. Adultery should be considered a valid and a strong ground for divorce and the victim should be suitably compensated.
But what totally irks me about Ms Girija Vyas and her clan’s proposed plan is that it is totally soaked in gender-biased attitude.
NCW has opposed a proposal to amend Section 497 to bring women also under the purview. IPC says the wife shall not be liable even as an abettor, based on the reasoning that a woman involved in illicit relationship with a married man is a victim rather than author of the ‘crime’.
What the Fuck?
On one hand, NCW recently announced Domestic Violence Act 2005 appeared to be in grip with today’s time and social reality with the inclusion of Live-in Relationships, sexual abuse of children, plight of women who are forced to marry against their wishes and women’s right to secure housing.
Then why is she reluctant in holding the adulterous woman equally blameworthy as the adulterous man. Under what context are such women described as ‘Victims’? It’s like they are deliberately turning a blind eye in the face of reality under the pretext of women’s victimhood.
Why is it so hard to play a fair game or at the least try to?







Comments
4 comments | Add your comment »
shadows
Feb 15th, 2007 at 1:11 pm | #
Is this so ?? this is amazing.. gal commits adultery and she is a victim !! kabhi kisi ne apni biwi do daant diya to he lands up in jail (domestic violence act). In fact, it happens both ways is lost on the lawmakers.. These stupid ministers should be beaten black and blue by their wives and then taken to court under Domestic violence Act..
Hell, I should tell my mom – I am not marrying.
Ash
Feb 15th, 2007 at 7:49 pm | #
Thank you Saakshi for posting it. Atleast you give me hope that after all said and done, there are “women” who are “persons” (like you). Its high time women treated themselves as “person” than “women” and “victims”. I am just impressed on your boldness and your self-respect.
SHAJU PS
Feb 22nd, 2007 at 5:36 pm | #
I must thank you for that comment. Even though it is assumed that human being can reach the highest point of intellectual achievement in situations of wealth and material advancement, it is just the reverse in many other cases. A case in point is Himeshism. That could be a take off from ancient Indian ideas,but applicable to communities across the world.
No individual can rise above the level of animals if he/She is not able to controll all the emotions which can hurt a fellow human being and I sincerely believe that ideas like Himeshism (Unimatism) and omows (one man one woman) failed to gain any ground in this world due to the fact that not many human beings are able to conquer the animals in their mind which control their sexual urges!!!
Anju Soni
Mar 31st, 2007 at 6:08 pm | #
I’m trying to register a complaint online at the website of National Commission for Women for the last one week, but all in vain. I don’t know what is wrong with the site. Can u tell me the other options? What to do?
Myself and my family is in trouble and can’t afford expensive legal processes (we are an Antyodya Family). If there is anyone to help us (three women), plz do something and save us from committing suicide.