Friday, September 28, 2018

Dinesh Kamath's Editorial 'Adultery is no more a crime' that was published in Newsband


Adultery is no more a crime
The Supreme Court finally struck down a colonial-era law that made adultery punishable with a jail term and a fine. A five-judge Bench headed by the Chief Justice of India, Dipak Misra, delivered the judgment.
India now no longer consider adultery an offence, only a ground for divorce. The adultery law was blatantly gender-discriminatory. “The history of Section 497 reveals that the law on adultery was for the benefit of the husband, for him to secure ownership over the sexuality of his wife,” Justice D.Y. Chandrachud wrote. “It was aimed at preventing the woman from exercising her sexual agency.”
With the decriminalisation of adultery India has taken another step towards rights-based social relations. It is good that refreshing the statute books is being left to the judiciary, without any proactive role of Parliament in amending regressive laws. This is another landmark judgement by the SC quashing the antediluvian law and enhancing the stature of the women on par with their male counterparts in terms of constitutional fundamental rights. But some concerns post this verdict:- 1. The sanctity of the marriage as an institution. 2. Future of children born out of adultery. 3. Increase of extramarital affairs post this verdict. 4. Future of arranged marriages. 5. Moral values of family/marriages system among the youths and married ones. Overall, a much awaited progressive verdict but we should not blink at the above concerns in way of moving forward.
The question is why the Judiciary took seventy years to take cognizance of this colonial era rule and its absurdity? Anyway, discrimination in law has been struck down. After all said and done, when it comes to life it all depends upon the individual and their action. Expressing agency in the form of choice, or exercising equality, the fact remains that human behaviour is a combination of factors and people can rationalize it to suit themselves. Choice can be rooted in utter self centeredness, rights can trample duty and autonomy can be devoid of responsibility. It may have been correct to allow the rights available to men under the impugned article to the wife also, so that equality for the two sexes is brought in like any other sphere.
The verdict may end male hegemony and exploitation of women to a great extent. The institution has the privilege of helping the development of a healthy society with high qualities such as tolerance, mutual trust, Goodwill, apart from imparting the traits of love affection and caring for fellow beings in the children, the future of the country. Children born out of adultery may not get the advantages of good parenting which can guide them towards the good things of human life. Such children can become ruffians / terrorists owing to antisocial elements getting control of them in the name of fulfilling their wants which may grow beyond reasonable proportions. This can pose insurmountable danger to the welfare of the society and the country at large.
On the whole, this judgment is not a blow to individual liberty but a boost/ support to individual liberty. Kudos to Chief Justice Dipak Mishra and his team for delivering an extremely outstanding judgment. A team of jurists should be formed to review all the laws closely and advise the government to delete/amend/streamline and simplify archaic laws. Apart from other things this will reduce the work load burden of the courts.

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