Decriminalising adultery will only weaken concept of marriage, family

[My Voice India]

Posted on July 1, 2011 by admin
Hearing a petition on adultery the Bombay High Court noted that most
of the cases of divorce are being filed by couples because they are
not compatible.

An NGO- Forum against Oppression of Women intervened in the petition
to say that the section 497 of the IPC violates the dignity of women.

The division bench of Justice B H Marlapalle and Justice U D Salvi
asked if 497 treated women as property of a man. “If the provision is
done away with, then what happens to the institution of marriage,
which is treated as a sacrosanct relationship?” they asked.

The judges also said that beyond marriage there is something called as
‘family’, and spouses decide not to get separated despite having
differences for their family’s sake.

Arguing for the NGO advocate Mihir Desai said that section was coined
years ago where women were considered to be properties of their
husband.

“Adultery is a private offence, it is only concerned with the limited
interest of an injured husband and not the institution of marriage or
the society,” said Desai. He added that it is obvious if something is
a private offence, it is not against the sate or society but only
against that private person.