Legal Acceptance of extra marital affairs

Marriage is social binding and agreement between two identities and families . Marriage is a responsibility . Ethics and Morality has been established to maintain peace within society and family system . Marriage is one of the tradition represents a moral in human society . Maintaining Extra marital affair is actually a cheating with the partner and is a immoral selfish desire which may destroy the family system . If law has withdrawn restriction on immoral actions , It will definitely result is free , irresponsible society . Our dream of Moral nation will not come in existence . I have a dream of Moral and wise world . Without restrictions and ban on some actions we can maintain peace within society . We have to understand why marriage system came in existence in ancient times . Then we will come to know what is wrong with adultery. Independence do not mean sanction of adultery , it do not mean animal sense . 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  

This is a big Task involving the whole Society like the poisoned Caste Based Reservations. S.C. faced a lot till 95, now set to the Parliament amidst increasing International imbibes in our composite society. Law Recognition to Sexual intercourse as natural exercise of physical body itself is the root cause that grossly set aside the Scientific Recognition of Sex and Sexual Desire which stands on the development of Hormones and Glands. The increasing individual aspiration towards Sex while on imbibe inspired one to approach Court of Law on Sec. 497 ignoring relevant Chapter on Offences relating to Marriage as a whole that to be amended taking into the whole Society , Safety and Security into account. Dr. Ambedkar was afraid off Fraternity amidst jealousy , antipathy and rivalry with Casticism describing as not only anti-social, but also anti-national ; and now, there is another Challenge in the name of Gender-wise rights for Sex ‘on the concept of recognition to it as natural exercise of physical Body’ as was internationally concluded. Sex and Sexual intercourse Scientifically is the result of Hormones that develop in the Body and, is natural at 11 years in Females and 13 years in Males generally. The Laws that ignored this Scientific truth, had recognized Sex as natural exercise of physical body legally . Why Law cannot regard the Scientific Base ? had been the long continued issue of injustice and challenge to Human-quality and Human-nature. The IPC ON OFFENCES RELATING TO MARRIAGE set aside this Scientific mandate that tenders Sex and due to this, many had been deprived and thus lead to opt unlawful , illegal fulfilment of this Sexual natural Desire WHERE SOME FACING COURT CASES AND PUNISHMENTS ; SOME ARE RESORTING TO SUICIDES OR ABORTIONS ; SOME ARE LATER SUBJECTED TO DIVORCE just only on this cause. The consensus of Sri Mahen Patle "Social ethics and moral values are being destroyed slowly . More Freeness and legal protection will result in degradation of social values . It was not expected and not helpful for society ." is absolutely correct and now, in the Hands of Parliamentarians to amend and enact realizing vested responsibility under the mandate of Article 51 A - e and f . more