Adultery - A Scandalous Controversy?

Abstract

Marital rights include sexual monopoly, legality of children, joint fund for property to benefit the children, etc. Thus; the concept of “sexual monopoly” is of paramount importance within the realms of marriage. The essential ingredients of Section 497 are sexual intercourse, married woman, knowledge, consent of the husband and lastly, intercourse not amounting to rape. The criminal liability arising from these essentials is solely towards the man who has illicit sexual relationship towards the married woman, who cannot be prosecuted even for abetment. The underlying principle of this section is that marital discord, illicit romance, or unwarranted sexual endeavors in a marriage should be dealt with in the four walls of a household; thus questioning judicial intervention in conjugal disputes. The fundamental issue is that such unwarranted, unethical, unscrupulous, and perfidious amours or flings have a pernicious effect on society and annihilate the sacred institution of marriage. Both man and woman as participants of the illicit sexual affair should be held culpable. Moreover, a woman should be given the corresponding right to sue the adulterer mistress just like any husband. This country needs law based on gender parity, fairness, integrity, equality and justice to set an example for other nations. Adultery should be made a gender-neutral civil wrong.