OVERVIEW OF ADULTERY IN INDIA
Geeta institute of law (Panipat)
God created whole the world but our society is man dominated. A man lives with his family members, neighbour and society. Many years ago, Woman’s contribution in the society was limited. They controlled by men. Most of the men misuse their power to prove that they are physically, mentally, economically, socially strong and have the license for victimizing the women, Husband and family members are involved in this crimes .Women are not understand their self as equal human beings. Most of the couples who do so with the expectation of fidelity. Adultery is often seen as a breach of trust and of the commitment that had been made during the act of marriage adultery can be intentionally traumation for both spouses and often result in divorce. Women are considered as inferior then men in Indian society. Because of such type of inferiority they have to face various issues and problems in their life .People in the middle age were considering women as key to destruction so they never allowed women to go outside and participate in the social activities like men. Still in the modern age, women have to face many more problems in their daily life and a lot of struggle to establish their career. There are many parents who prefer to have only boy baby and allow education to boys only. Women are a medium for them only to keep family happy and healthy.
HISTORICAL BACKGROUND OF ADULTERY
Ahalya is the classical case of adultery in the Hindu Purans. She was duped by Indra and drawn into an illicit relationship for which she bore the brunt. Husband having illicit affairs with other woman cheating behind their husbands were not unknown in ancient India .Hinduism does not favor extramarital relationship. The consequences of adultery are much worse and such actions are rarely forgotten or forgiven Hindus believe that marriage is a sacred relationship, which extends over several lives. The both spouses would perform their obligatory duties to uphold dharma and remain to faithful to each other adultery is a mortal sin .People who get involved adultery or illicit relationships have to deal with a lot of social ridicule and public disgrace, particularly in the rural areas, where society traditional especially in case of woman. Marriage are not meant for sexual enjoyment but I means raising families and ensuring family and social order if both the parties are bearing the sexual commitments and bond of marriage establish with God as witness a sacrilege and bad karma .This does not meant there has been no adultery in Hindu society either in the present or in the past most of adultery happens in secrecy ,and under the cover .A few decade ago , in certain rural communities for some men of upper castes to maintain two houses , one for their legitimate wives and one for their mistresses the Hindu marriage act, explicitly prohibits polygamy and prescribes punishment for these who violate the law. The culture and tradition of India is considered as old and great all over the world where people used to worship various female goddesses, saints and poet. India is famous for the largest democracy in the world .Women backwardness is also very clear in the Indian society because of the social issues and lots of restrictions against women. Women belong to the lower and middle Class family suffers more than the women of higher class family.
In the present time Adultery is the biggest problem in India adultery word comes from Latin word ‘adulterum‘ which means sex between a married person and somebody who is not his /her wife and husband. It is extramarital sex that is considered objectionable on social religious, moral, or legal grounds .adultery is a word which is used for cheating .It is a cheating on your spouse with another person. Adultery is not a crime, but some people consider it a sin. Only married person can commit adultery if a person commit adultery and his spouse finds out then you have a lot of explaining to do .
DEFINITION OF ADULTERY
ACCORDING TO MANUSAMRITI
“An intended sexual contact between two people of opposite gender who are not married to each other under law.”
TYPES OF ADULTERY
1. Single Adultery :-If the relationship is between a married person and an unmarried person. A single man can contribute to the adultery of another, if they engaged in relationship with someone who is married
2. Double Adultery :-If both the partners are involved in married to someone else. Adultery committed by two persons each of whom is married to another as distinguished from “single “ adultery , where one of the participants is unmarried.
According to the old testament, marriage is not just a social contract between man and woman, it involves God as well, God is witness to all marriage agreements and insists couples should be devoted and completely faithful to each other faithfulness is most important in human relationships. Adultery is regarded as the Adulterous man’s wrong doing against the husband of an Adulterous wife but both the Individuals committing an adulterous act. Which is a crime and a sin against the community family and marriage. Disloyalty of marriage is a product of selfishness and pride. It is a bigger problem within the marriage the reason is that behind one partner straying away from his marriage life. In most of cases, needs of wife are not fulfilled by their spouses It creates lack of intimacy communication and compatibility adultery ruins faith, closeness and conference. It has a devastating effect on the families, spoils carriers and leaves a gloom of hurt and obliteration on its course. Continuously who get involved in this shameful act of adultery after sometime he gets divorce from their partner and ruins his marriage life and carrier of their children. They got only disrespect and dishonor in the society.
Situation in INDIA
According to Indian law a woman cannot be punished for the offence of adultery. Only man has punished for the sexual intercourse with the wife of another man without his consent
1 If someone “ lives in adultery” the partner can file for divorce.
2 The low become defunct on 27 September 2018 by the Supreme court of India
3 The Supreme court called the law unconstitutional because it “ Treats a husband as the master”.
The Supreme court agreed to examine the constitutional validity of a colonial law on adultery which punishes only the man even though the woman, with whom he has had consensual sex, may be an equal partner. The top courts also said the husband gives consent for sexual intercourse between his wife and another man, then it nullifies the offence of adultery and turns the woman into a commodity, which goes against the principle of gender justice and the constitutional mandate of right to equality .The offence of adultery is punishable of up to five years in jail or fine or with both. However, in such case, the wife shall not be punishable as an abettor.
Adultery is the act of engaging in sexual acts outside the confines of the marriage vows. There are many effects that maybe occur if this act is engaged in. It is difficult to handle adultery if you are the one that was cheated. You can counseling, talk to loved one, and create other ways to cope as appropriate. If you are the person committing adultery, it is important to know the consequences of your actions .The effect of adultery is very tremendous Vedic Sanskriti is very against adultery, it is not only for moral reason but also for social reason. According to Vedas and Puranas adultery would lead to confusion of castes, degradation of family values and social disordered .The ancient Hindu society was not free from the problem of adultery. Historically, Hindu woman attracted more condemnation for adulterous relationships an un-caste woman or a woman who degraded the good name and fame her husband. Fidelity or faithlessness of a husband or a woman was considered a abhichar. It was called vyabhichar, and the woman who indulged in it was called vyabhicharini. The use of such harsh terms denote the stigma that was attached to woman who dared to engage in adulterous relationships.
Also Read: MAHR or Dower- Types, Remission and Its Enforcement