It is most astonishing to note that even after nearly 70 years of independence, women are still treated on the same par as they were when IPC which governs penal laws was enacted way back in 1860. This is most atrocious and worst injustice to women herself. When women can be punished for theft, cheating and other offences then why should she not be punished for adultery? Is she mentally unstable?

Why is it that Section 497 of the IPC which governs the law of adultery is still unamended and women is having a free run? Why is it that married women has been given a blank cheque to indulge in physical relationship with as many men as she likes and yet she is not liable for adultery? Why is it that a fully grown up women of sound mind is exempted from punishment for adultery and men alone is held culpable even though it was married women who lured him into having sex with her?

Why is it that in Jammu and Kashmir, both men and women are equally punishable under the Ranbir Penal Code for the offence of adultery? Why can’t this be applicable to whole of India? Why this dubious double standards? Why is women being encouraged to commit adultery by giving her full exemption from any punishment of any kind and man alone is punished?

Why don’t we realise that no man can establish physical relationship with any women unless she consents to it? Is a women insane or lunatic or idiot that she does not understand the consequences of getting into physical relationship with a third person other than her husband? Yes, if she is insane or lunatic or idiot then she should not be punished for adultery as just does not understand what are the consequences of sleeping with a third person other than her husband and having sex with him freely on bed! The society must sympathise with her but not with a women who understands each and everything and yet knowingly fools her husband!

In most of the countries we see that either adultery is not punished at all or the person whether men or women who inspite of being married commits adultery is punished as is the case with France. Moreover, there can be no justification for encouraging women or rather married women to commit adultery by not punishing her at all. She must be punished so that she dare not commi the act of adultery in her life.

Why do we see so many cases of adultery in India? It is because our law encourages women by not holding her accountable in any manner. This is just not done. If she too is punished just like men, she will think hundred times before indulging wantonly in the despicable act of adultery!

It is still not too late. The government must wake up its ideas and learn something from Ranbir Penal Code which is applicable in Jammu and Kashmir and which holds man and woman equally accountable for the despicable act of adultery. Woman under no circumstances should be allowed a free run as that serves only to further encourage her to betray her husband and sleep with any men whenever she likes, wherever she likes and howsoever she likes!

I am amazed that womens organizations who always demand equality with men in all respects are maintaining a deafening silence on this count. It is still not too late. They must come forward and urge government and lawmakers to treat women on par with men as far as the offence of adultery is concerned.

Why should a women who is fully educated and that too in the best of institutions like Harvard or Cambridge not be punished for adultery just because she is a women? This is absolutely preposterous and just not acceptable under any circumstances. Law must be applicable to all equally and no one should be above it, not even women as most unfortunately we see in the case of adultery in our country! Are our lawmakers and Centre listening? Please listen!

-sanjeev Sirohi

Advocate,