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
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