People & Their Problems
New Delhi, 13 January 2017
Extra-Marital
Affairs
IF NOT
CRUELTY, THEN WHAT?
By Dr. Oishee
Mukherjee
The recent Supreme Court judgment
that adultery or extra-marital affairs do not necessitate conviction seems
somewhat confusing. More so, as in a particular case, the wife had committed
suicide, unable to bear the alleged affair of her husband after seven years of
marriage. Cruelty need not always be in the physical form as mental torture.
Causes leading to extreme mental tension need also to be included in the ambit
of cruelty in some form or the other.
The apex court had had acquitted a
man, who was sentenced to four years in jail for abetting his wife’s suicide.
In its verdict it stated: “Extramarital relationship, per se, would not come
within the ambit of Section 498-A of the IPC. It would be an illegal or immoral
act, but other ingredients are to be brought home so that it would constitute a
criminal offence.” The section of the IPC states that a husband or his relative
subjecting a woman to physical or mental cruelty can be imprisoned for three
years.
It also held that: “Solely because
the husband is involved in an extramarital relationship and there is some
suspicion in the mind of wife, that cannot be regarded as mental cruelty, which
would attract mental cruelty for satisfying the ingredients of Section 306, IPC”.
In this section a man held guilty of abetting a suicide can be jailed for 10
years.
Not including “extra-marital
relationships within the ambit of Section 498A” is somewhat surprising to women
activists. There are umpteen cases where the husband has physical relations
with the other woman apart from his wife and continues to neglect her and also
the family. Moreover, he rarely has sex with his wife as most of the time is
spent with the ‘other woman’, who may be his colleague, some distant relative,
or friend’s wife or a permanent girl friend. There are reports of female
colleagues having sex with their boss either to please him or due to mutual
liking and, in certain cases, this develops into a strong relationship.
This, no doubt, is an unhealthy
trend as the family takes a hit and now even wives have affairs with the ‘other
man’. One cannot deny the fact that such behaviour of either the husband or the
wife amounts to cruelty to the family and needs to be legally and socially
stopped.
Meanwhile, in a somewhat similar
case, the Delhi High Court (in the bench of Justices Pradeep Nandrajog and
Yogesh Khanna) stated the allegation of adultery was a “serious allegation” and
would constitute cruelty. Thus, there is contradiction in the verdicts of the
apex court and the Delhi High Court.
However, it has to be admitted that
extra-marital relations are on the rise in India and it has been estimated that
these should be around 16 to 18 per cent in the country. When both husband and
wife are self dependent and have a high profile lifestyle, extra-marital
relations do not cause any major problem. But in societies where the husband
shares his meagre income with the other woman, the family suffers.
The era of domination of the
opposite sex has changed and women activists are fighting for their rights as
reports of rape and exploitation and torture on women have increased over the past
few yew years. The State machinery has remained somewhat indifferent which
proves not just that the patriarchal form has remained as it is but also the
ineffectiveness of the government.
This is confirmed by a recent report
which found that around 41per cent women in India face harassment or violence
before the age of 19, according to research conducted by Action Aid. The
findings also reveal that how it’s now becoming common for women to take steps
in their lives to guard against the threat of harassment and violence. More
than 8 in 10 women in India
said they have taken steps to protect themselves against harassment.
In such a situation prevailing in
the country and also from media reports it becomes quite apparent that if
adultery is not tackled, the situation would further deteriorate. At a time
when there is a nation-wide debate over the need for a common personal code,
extra-marital relations cannot be taken lightly. Thus, the order of the apex
court, which has been at the forefront of giving momentous decisions, this was
possibly not expected.
One is reminded here of the
consequences of extra-marital relations having an effect not just on the legal
life partner but also on the family. Peace is disturbed and there is a weird
feeling about the person, who is supposed to be the head of the family and
takes vital decisions. Moreover, since the legal wife may not have sexual
relations with her husband, she may also leave the family and find some
dependable partner outside.
The whole issue is quite complex. It
calls for research at the academic level on the extent of adultery and extra
marital relations, both in urban and rural areas, and how this affects the
family and the legal wife. The findings would be extremely important as these
would help society to take a judicious decision.
The case in the apex court whose
judgment has been referred to wherein a wife committed suicide, it is necessary
to know about suicides that have been the result of such attitude of the
husband. But reports from all across the country indicate that the husband
having extra marital relations is quite rampant in India and it results in the family
being destroyed and the children going wayward. Thus, there cannot be two
opinions about the necessity of the trend being halted.
It would be pertinent to mention the
crusade against triple talaq, now under consideration of the apex court, where
activists and even the National Commission for Women (NCW) has told the Supreme
Court that the practice was ‘unconstitutional’ and had ruined lives of many
women. In its affidavit filed (on November 5) to the court, the Commission
stated: “These practices – triple talaq, nikah halala and polygamy – should be
strictly prohibited”.
At a time when society is
experiencing a marked transformation, a situation of allowing indiscriminate
adultery is highly distressing. Like globalisation, free sex would have to be
limited and synchronized with the spiritual-cultural values of the country.
There is an imperative need that the dignity of women in society is ensured.
But this can become a reality if there is change in attitude of society and
this needs active support of the Government, the judiciary and the larger community.
Women activists are quite serious
about their rights and have challenged the patriarchal domination. But support
from the government along with legal rights is necessary to bring about the
desired change. Education and awareness is spreading quite fast and this would
be an added help in this regard.
The subject is indeed quite serious
and begs attention and needs to be debated. Then only can the desired change in
society come about. However, serious efforts in communitarian approach to life
and living need to be inculcated among the people. As women come to the
forefront and steadily enter the workforce, it is bound to bring about a change
in social behaviour, for starters. ---INFA
(Copyright,
India News and Feature Alliance)
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