Consent and Adultery is Immoral

Lawyers, Leaders of Society and Politics know that no Indian Woman keep quiet when her Female Modesty and Female Sanctity is under challenge or incite. There are Suicides of Male/Female, Killings and even Murders of 3rd party involved/indulged in Sexual Decency/Sanctity as is evident from Police and Media records. Individual Economic Democracy is such dangerous that every law since decades together getting challenged and converted one sided even going against the preamble guarantees and reasonable restrictions of our Constitution AND THUS , THE ISSUE OF SOCIETY AND SOCIALIST CONCEPT OF THE CONSTITUTION WAS DE-RAILED/DETACHED. This is now to be rectified at public interest as well as National interest and integrity. more  

ACTUALLY IN ADULTERY BOTH SHOULD BE EQUALLY PUNISHABLE. DECRIMINALISING IT WOULD WEED OFF WHATEVER SCARE THERE WAS IN THE ACT DEFYING CONTRACTUAL ARRANGEMENT UNDER MARRIAGE. BUT THE MATTER B4 SC WAS WHY ONLY MAN IS PUNISHABLE THEREFORE THE DECISION MAY HAVE BEEN RESTRICTED. more  

S.C. 2nd Judgment [1st in 1985] on Sec.497 AIR 1988 SC 835 held that “ there was no discrimination based on sex and these provisions were valid. The underlying object of these sections appear to be that as between the husband and wife social good will be served by permitting them to ‘take up’ or ‘break up’ the matrimonial tie rather than to drag each other to the criminal court. They can either condone the offence in a spirit of ‘forgive and forget’ and live together or separate by appropriate action in a matrimonial court. It does not arm the two spouses to hit each other with the weapon of Criminal Law. The offence of adultery can only be committed by a man, not by a woman. The wise cannot be punished even as an abettor.’ ” 1.”‘Equality before law’ is a somewhat negative concept implying the absence of any special privilege n favour of individual and the equal subject of all classes top the ordinary law”. “ ‘Equal protection of the law’ is a more positive concept implying equality of treatment in equal circumstances. ‘’ However, one dominant idea common to both the expressions is that of equal Justice. 2.The concept of equality does not mean absolute equality among human beings which is physically not possible to achieve. It is a concept implying absence of any special privilege by reason of birth, creed or the like in favour of any individual, and also the equal subject of all individuals and classes to the ordinary law of the land. “Equality before law means that among equals the law should be equal and should be equally administered, that like should be treated alike. The right to sue and be sued, to prosecute and be prosecuted for the same kind of action should be same for all citizens of full age and understanding without distinctions of race, religion, wealth, social status or political influence” . [But, the most important factors of Morality and Natural Justice together with the Social ethics of Safety that had been in practice RESULTED IN DISCRIMINATIONS in many issues ] 3. “While Article 14 forbids class legislation, it does not forbid reasonable classification of persons, objects and transactions by the legislature for the purpose of achieving specific ends. But classification must not be ‘arbitrary, artificial or evasive’. It must always rest upon some real and substantial distinction bearing a just and reasonable relation to the object sought to be achieved by the legislature.”-1952 “What is necessary is that there must be a nexus between the basis of classification and the object o the Act which makes the classification.”-1952 “ The classification made by a legislature need not be scientifically perfect or logically complete.” -1953 “Equal treatment does not mean identical treatment. Similarly, not identity of treatment is enough. “1951 “There can be discrimination both in the substantive as well as the procedural law. Article 14 applies to both.”-1952 4. “Women and children require special treatment on account of their very nature. Women’s physical structure and the performance of maternal functions place her at a disadvantage in the struggle for subsistence and her physical well-being becomes an object of public interest land care in order to preserve the strength and vigour of the race.” 5. S.C. judging the validity of law under Article 14 confined that “ The rules of Natural Justice owed their origin to ethical and moral Code. It there any doubt that they have become the integral and inseparable parts of rule of law which any civilised society is proud of ? Can any body be bold enough to assert that ethics and morality are outside the field of legal formulations ? Socio-economic justice stems from the concept of social morality coupled with abhorrence for economic exploitation and the advancing society converts in course of time moral and ethical Code into enforceable legal formulations. “ FROM THE ABOVE , THE CONCEPT OF ethics and moral code of Society ; Safety, calibre and qualities of Women Gender ; require specific protection not only in the Civil Laws, but also guarding provisions under the Criminal law. This aspect that was concluded and upheld in the Judgments quoted above in point 1 to 4 are the naturally, morally, Socially tied legal security under ethics of Social norms differentiating the rights of Sex in Male and Female in Human Beings strictly setting away from other Beings as far as Equality is concerned. This aspect only guarded well the Women and Children and such provisions do not fall under the issue of discrimination . 6. It is thus, the issue of Sexual Rights is more on a Social Nature and even then, individual rights on Sexual desires shall be restricted for the well being of the Society as a whole. This is why, the Laws of Marriage and Divorce were wisely adopted with specific Sections to deal with only this Social Safety Concept. HENCE THESE ISSUES ARE NOT TO BE KEPT AWAY FROM CRIMINAL IMPOSITIONS and is the only Justice under any Rule . It should be noted and ever memorised that “ Equality before law “ is of English Origin ; “Equal Protection of the Law “ is taken from the American Constitution AND THESE EXPRESSIONS AIM AT ESTABLISHING WHAT IS CALLED “EQUALITY OF STATUS” IN THE PREAMBLE OF OUR CONSTITUTION. The issue of ‘equality of status’ is so to be regarded as explained above in the S.C. Judgments cited above and is only the Justified carry of Equality more  

IPC compiled under British Rule on Sections 493 to 498 pertaining to Offences relating to Marriage except 498, 498 A, DVA, were set keeping in view the stationed British Crew mostly those without Families. Yes please. These unsocial, unsafe and unlawful issues of Consent, Connivance, Adultery, carried certain exemptions even for befitting Govt. Staff, Police, hospital staff, School Staff etc., while making the Husband punishable with imprisonment Law. The Men other than Husband in the issues of Consent and Adultery are exempted and well relaxed even though the Indian Law Commission later identified and criticized that Acts of Unlawful Sex and Rape are indeed to be punished with either Death Sentence or, life imprisonment. BUT, COULD NOT AMEND THESE SECTIONS THEN ITSELF i.e., in 1970s. Till then, the whole Constitutional Bodies kept silent. It is thus, Consent and Adultery were given life to accelerate even after Independence to the Country. The then Licencing Prostitution also was later removed by Government ignoring the very fact of essentially necessary to certain classes suffering even economically and, some,having no Male relatives to take care of Feeding and performing Marriage . Even now, many such have been set off in the society while some are lodged in Govt. and NGO Hostels/Homes and, are mercilessly being set for inhuman Debauching that are now coming into news in Several States. The Laws themselves mismanaged the issue of Humanity, Morality, Decency, Female Modesty, Etiquette, Sanctity, Tranquility, Cohesive consensus, and, the Propriety FAMILY IN INDIA WHICH ONLY IS THE Safe and Secured guarantee to Female. EVERY INDIVIDUAL WHO KNOWS THE VERDICT ON IPC. 497 COULD HAVE SAFELY BREATHED IF THE COURT DIRECTED for [1] equal punishments to those involved in Consent/Adultery ; Connivance ordering Life imprisonment and Penalty to the 3rd party involved in unlawful Sex and Fining with compensation to the Victim . [2] Divorce to the Couple without ordering any liability to any Victim . That is She will not get any monetary benefit if Consented / involved in Adultery ; and, He if indulged in Connivance. FURTHER, S.C. would have directed the NLC to workout justified amendments to all Sections starting from 493 to 498 A for a over all Direction on the issues of Offences relating to marriages which could have set every one peaceful anticipating a Good and guaranteed future Society . Yes please . The issue of Death Sentence to those indulge in Unlawful Sex in form of Rape is the essential issue to be well thought BEFORE ALLOWING UNLAWFUL SEX AS A LEGITIMATE OPTION AT INDIVIDUAL CONCEPT totally challenging the very purpose, objective, concept, and Sanctity of Marriage and being guarded under Family Set up in the Country since Human Morals in Sex differ to that of others . more