Tuesday, December 26, 2006

Weaker Sex!!

This news shook me

...A woman, even if she is involved in an illicit relationship, cannot be punished for adultery and is treated as the victim under law

.....And the National Commission for Women (NCW) has shot down proposals for amending Section 497 so that women can be prosecuted for adultery.

....that considering the relatively socially disempowered position of women, the Commission suggests no amendments to Section 497 of IPC.

....The existing provision in the IPC is based on the mindset that the wife is a personal possession of the husband, who is the sole aggrieved person in an incident of adultery.


In turn NCW has recommended that

as the wife already can take action against her husband under various other legal provisions, such as Section 498A of IPC, there is no reason that she should be debarred from initiating prosecution under Section 198 (which as of now disqualifies the wife of an unfaithful husband from prosecuting him for his promiscuous behavior) of CRPC.

While the second recommendation above is understandable in light of the further recommendation by NCW that “adultery should be treated as a civil wrong and not a criminal offence” but the whole article makes me feel like thanking NCW members that they didn’t recommend instead that women adultery should be treated as civil wrong while men’s as criminal offence!!

Time for NCM, eh?

2 comments:

Cuckoo said...

A woman, even if she is involved in an illicit relationship, cannot be punished for adultery… I don’t agree at all. If having an illicit relation is adultery for men, it is same for women as well. Yes, the rates of occurrence are going to be different.
I believe in equality of sexes, be it good deeds or bad. Why women should get a benefit ? Do they mean weak people can do anything and can get away ? After writing this, I can see NCW running after me now ;)

....The existing provision in the IPC is based on the mindset that the wife is a personal possession of the husband, who is the sole aggrieved person in an incident of adultery.... We need to change the provision immediately. Need to change the mindsets will definitely take time with people like you and me doing our little bit. They should do this self corrective measure more often, looking at faults in sections on their own and try to correct it with the help of others. What do you say ?

“adultery should be treated as a civil wrong and not a criminal offence” .. Good move.

the whole article makes me feel like thanking NCW that they didn’t recommend instead that women adultery should be treated as civil wrong while men’s as criminal offence!!.. I am with you.

Sometimes I feel we should write the entire IPC again with fresh approach, of course taking the good ones along.

KT said...

after nail biting wait for what you would have written I must say that I can't agree less on these points...

to me the most shocking portion was where they talk of the basis of provision as some bullshit mindset... if the legal framework is based on the mindset how can someone expect things to be radically different in general public life or opinion...

well rewriting entire IPC may not be such a good move given our current polity but yes, such section should be immediately done away with....

in the end I feel that NCW should work for empowerment of women in absolute and not that frame laws so that they stand a better chance in comparison to men. It shouldn't be a propagandist organization per se.