Tag Archives: #section497

ADULTERY

Sexual relations between a married person and someone other than the spouse is adultery. Although the sexual activities that constitute adultery vary, as well as the social, religious, and legal consequences, the concept exists in many cultures and is similar in Christianity, Islam, and Judaism. A single act of sexual intercourse is generally sufficient to constitute adultery.

ADULTERY AND RELIGIONS

JUDAISM

Though Leviticus 20:10 prescribes the death penalty for adultery, the legal procedural requirements were very exacting and required the testimony of two eyewitnesses of good character for conviction. The defendant also must have been warned immediately before performing the act.

CHRISTIANITY

Adultery is considered by Christians immoral and a sin, based primarily on passages like Exodus 20:14 and 1 Corinthians 6:9–10. Although 1 Corinthians 6:11 does say that “and that is what some of you were.

ISLAM

Zina’ is an Arabic term for illegal intercourse, premarital or extramarital. Various conditions and punishments have been attributed to adultery. Under Islamic law, adultery in general is sexual intercourse by a person (whether man or woman) with someone to whom they are not married. Adultery is a violation of the marital contract and one of the major sins condemned by Allah in the Qur’an. It has been said that these legal procedural requirements were instituted to protect women from slander and false accusations: i.e. four witnesses of good character are required for conviction, who were present at that time and saw the deed taking place; and if they saw it they were not of good moral character, as they were looking at naked adults; thus no one can be convicted of adultery unless both of the accused also agree and give their confession under oath four times.

HINDUISM

Adultery and similar offenses are discussed under one of the eighteen vivādapadas in the Dharma literature of Hinduism. Adultery is termed as Strisangrahana in dharmasastra texts. These texts generally condemn adultery, with some exceptions involving consensual sex and niyoga (levirate conception) in order to produce an heir. According to Apastamba Dharmasutra, the earliest dated Hindu law text, cross-varna adultery is a punishable crime, where the adulterous man receives a far more severe punishment than the adulterous arya woman.[97] In Gautama Dharmasutra, the adulterous arya woman is liable to harsh punishment for the cross-class adultery. The Kamasutra discusses adultery and Vatsyayana devotes “not less than fifteen sutras (1.5.6–20) to enumerating the reasons for which a man is allowed to seduce a married woman.

ADULTERY LAW IN INDIA

Section 497 of the Indian Penal Code, a man commits an offence if he engages in a sexual relationship with a married woman without taking prior consent of her husband to do so. As a punishment, he could be imprisoned for 5 years, with or without fine.

  • The Supreme Court declares Section 497 unconstitutional
  • Adultery law under Section 497 views women as a property of men
  • It allows men to file complaint but doesn’t give women the same right

Under Section 497 of the Indian Penal Code (IPC) Adultery was an offence and a convict could be sentenced to five-year-jail term. Section defined adultery as an offence committed by a man against a married man if the former engaged in sexual intercourse with the latter’s wife. The law had come under sharp criticism for treating women as possession of men. An Italy-based Indian businessman Joseph Shine, who hails from Kerala, filed a Public Interest Litigation (PIL) last year challenging IPC Section 497. He contended that the law is discriminatory.

The Supreme Court bench that dismissed a plea challenging Section 497 had Justice YV Chandrachud on it. Current Supreme Court bench hearing the adultery law case had his son Justice DY Chandrachud on it. It was Justice DY Chandrachud, who made the observation that women could not be treated as commodity by leaving them to the discretion of their husbands in giving consent in matters of adultery. The Supreme Court said in August this year that Section 497 as anti-women to dismiss the argument that the adultery law discriminated against men.