Why Only Women As Victims And Men As Offenders?
Adultery in the Indian Penal Code treats women as victims and men as offenders which means women can’t be punished in our country for adultery. Before I tell you why I am talking about this let me first tell you what is Adultery?
Adultery: Is an extramarital sex that is considered objectionable on social, religious, moral, or legal grounds.
The 19th-century criminal law which punishes men could change as the Supreme Court has decided to examine a provision for adultery on Friday.
According to Section 497 if a man establishes a relationship with somebody’s wife then man faces a jail term up to five years and wife is considered neither adulterous nor an abettor in law.
The center has been issued with a notice by a bench headed by CJI Dipak Misra and asked why adultery is an offense with respect to man and not a woman who is equally at fault. The court has asked the center to reply in four weeks.
“How can a law patronize women by saying women are always victims in a case of adultery? Isn’t such a law discriminatory and implies gender bias? By saying that the offense is not committed if the woman’s husband gives his consent, isn’t the law reducing a woman into a commodity?” the bench asked.
The court said “Woman can’t be treated differently for the purpose of a criminal offense when in every other offense there is no gender bias,”