Men's gender justice foundation founder weighs in on Supreme Court judgment decriminalising adultery
Amit Deshpande
Amit Deshpande, founder of Mumbai-based Vaastav Foundation that works to highlight men's issues and also runs a suicide helpline for men (8882498498), speaks out on how striking down Section 497 (decriminalising adultery) is a mixed bag.
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What does the decriminalisation of adultery mean? Does it mean that men who commit adultery will no longer be prosecuted as criminals?
Decriminalisation of adultery means people not being charged with criminal offences when found to be indulging in extra-marital affairs. In effect, the amendment to this law has only liberated the 'paramour' of the married woman, from being charged with any criminal offence, for having an affair with the wife of another man.
This is decriminalisation of adultery very specifically under section 497
Under IPC section 497, if a married woman indulged in adultery, only her lover was charged with a criminal offence, if her husband complained. The woman would not be charged with adultery. If a married man indulges in adultery then he could still be charged with various other sections like Domestic Violence Act for causing mental harassment of wife and Section 498a claiming cruelty by husband. This clearly means that adultery as an Act hasn't been decriminalised, but only adultery under Section 497 is decriminalised.
So, if a married man is having an affair outside his marriage it is no longer a crime?
If a man has an affair outside his marriage he can still be charged with various other sections like Domestic Violence Act for causing mental harassment of wife and Section 498a claiming cruelty by husband.
If a man is having an affair with a woman who he knows is married?
From now on, he will face no repercussions for his act.
What are the pros and cons of this judgment, from the perspective of the founder of an organisation working for men's rights...?
If a man finds his wife is indulging in adultery, the moment he files a divorce case the woman could file a barrage of false criminal cases like 498a, Domestic Violence Act, Maintenance under various acts against him and his family. Even if a wife brings home her lover and openly challenges her husband to file a divorce, many men might be forced to turn a blind eye as filing a divorce case would make a man lose his kids, money and reputation. Already, we see many men living such compromised lives. From the men's perspective, the only positive thing from this judgment is that, we have seen cases where men were falsely alleged of adultery by unscrupulous couples, this would safeguard men who are sought out as targets by these couples.
Why are you against this judgment?
This judgment should have kept criminal aspect of adultery for both husband and wife and their partners. If anybody indulged in extra-marital affairs, they should have been made to face punishment. If the married woman and her lover could have been charged of criminal offences, then the husband could have some law to charge them and safeguard his interests. Proving adultery is difficult as there have been instances where, in spite of the husband (whose wife is having an affair) producing photographic evidence of wife and paramour in compromising positions, the cases are dismissed for 'want of sufficient evidence' by the courts.
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