Adultery wont be crime ?

Question

National policy on criminal justice has recommended that adultery should be treated as a social rather than a criminal offence. At present, adultery is punishable by imprisonment up to 5years & fine under section 497 of IPC. What are your comments regarding this recommendation. I personally agree with this recommendation. Please this is a very serious issue & gives mature comments only.

Thanks for all your comments. This legal position is regarding India & I would like some Indians to also give their comments.

Answer 1

IPC = Indian Penal Code.

I think that section 497 is flawed in a number of ways.

First, the restriction is only on relations with married women, not men. So should a single man have relations with a married woman, it is adultry, but not between a single women and a married man. The social utility of such a distiction seems minimal, and as either situation is equally undesirable. It also seems unduly paternalistic, and perptuates the unequal treatment of men and woman,

Second, the law crimalizes a behavior that is private and consensual in nature. Thus, while there may be a social benefit in prescribing such acts, it also puts the government into the "bedroom", which creates a significant imposition on the right of privacy, and thrusts the government in an area it is ill-suited to police. Social pressure and education would be better means to avoid the ill effects of adultery.

I agree with the reccomendation. It's a sound step forward.

Answer 2

i too personally agree with you, first the root cause of adultery needs to be checked,it happens when either of the spouse is not happy with it's other half, probably it could be a nagging wife or a non affectionate husband, this needs to be sorted out first which means heading for a marriage counsellor, sec 497 just increases the resentment with the couple rather than solving the problem , in certain cases it is misused,it's a social disease than a criminal one. last but not the least people need to take their marriage vows seriously no matter which faith they practise

Answer 3

I'm not in the US, and I doubt it's any sort of crime where I live. You don't have to "charge" your spouse with adultery in order to be given a divorce; irreconcilable differences for about six months is all you really need. But I do think it's totally absurd to treat it as any sort of crime. So, it's ok to have kids from different fathers out of "wedlock", but it's a criminal offense to have an extra-marital affair...especially one that is possibly a true falling in love relationship and not just a wham bam been and gone fling? Either way, that is pushing one person's morality onto another person...and sending them to jail for it?! What century is this? I truly hope they abolish that ridiculous law!

Answer 4

I don't think that it she be a punishable crime. Let people screw around and enjoy their sinful ways, because you better believe that God is going to punish them and it will be far worse than what the legal system can do.

Answer 5

pathetic, if you want to sleep around and get diseases then don't get married! And I thought republicans were the family values party. give me a break. This country is being ruined by moraless politicians on both sides!

Answer 6

i think it should be decided by the offended party...if he wants to forgive his wife for what happened,then the law should forgive her too...