Why not make adultery legal in india?

Indian marital system is very good. Many foreign countries are putting interest in one man one husband system. 

what's so good about the adulterous way of married life ?

are you bound by any principles to imitate their culture?

Would these so-called civilised countries allow foreign nations to be head of their states? to be in post of important decision making? to be as their security personnel guarding the borders? and so on so forth? The answer is invariably NO, because foreigners how much ever professionals they may be, are suspected for breach of trust and hence are not entrusted with key or sensitive responsibilities. In the same way, adultery which by nature is a breach of trust to the commitment given to the marital relationship is considered anti-social. If one is interested in a person outside the marriage, that person is always shown exit gate to the marriage through divorce and hence is enabled to enjoy with whoever one is interested in. It is the way you become citizen of other country and being loayl to it which is neither ethically nor legally a problem. Trust is the foundation of any relationship and breach of trust is the highest crime committed to that relationship. Freedom, Liberty etc should not be mistaken for promiscuity.

What happened mr. Arnab Banerjee- You are a Indian. Your name prove that you are from Bangal. Bangol state is also well cultured about their system.

Indian can forget everthing- But how can forget culture.

Yes- Its not civilised..

Don't Compare with India. You have to proud your indian culture.

i am bound by the principle to make india better. if that means immitating their culture, then it is.

commit adultery and you will see.

Rather than making adultry legal, I think DIVORCE LAWS SHUD BE MADE MORE LIBERAL!

yes rajiv. that should be o.k.  but adultery is not an offence. it is " YOU FALL IN LOVE WITH SOME OTHER MARRIED WOMAN".

is it any wrong?

Best is to

1. BAN THE MARRIAGE ... !!!!

2. Let there be Partnershp than Marriage where both the parners will bear equal responsabilities and share equal burden . If not satisfied can move out a partnership alliance by paying his/her share .

3. And if anyone is caught offerring / giving DOWRY then she / or her father should be killed in public . This is root - cause correction :-) ( Na rahega Baans na bajegi bansuri )

4. Let government provide food and shelter to all the bl**dy Dukhyaaris ... to stop legal robberries ! and government will earn some blessings too ~~

5. False Alligators ( yes I spelt it right ) should be collected at one place and sent to the moon ~~~so that they can live happily ~~~~~

6. Let there be Sach ki Roshni around this world ~~~ SPREAD LOVE NOT HATE ~~~~

there are some stiking similarities between punishment for adultery in india and that of other crimes.

punishment for adultery in india: 5yr. jail or fine or both

punishment for theft and extortion in india; 3yr. jail or fine or both

punishment for culpable homicide  in india: 7yr. jail or fine or both

punishment for rape in india: 7yr. jail and fine

so you see punishment for adultery (5 yr.) comes in between theft and extortion(3 yr.) and culpable homicide and rape (7 yr.).

but the question is : is adultery as henious as theft, extortion, culpable homicide and rape?

adultery is; falling in love with a married woman.

is love as henious a crime in india as theft, extortion, culpable homicide and rape?

think about it.

 

make india a better place to live.

sameer you have some misunderstanding.

1] i am not talking about banning the marriage. but marriage should be one option    of living. another should be partnership. fine

2] And if anyone is caught offerring / giving DOWRY then the marriage will be    dissolved instantly.This is root - cause correction :-) ( Na rahega Baans na    bajegi bansuri )



3] not all the woman are dukhiyary in these days. probably you live in 500 years    back in india. today women can support themselves well.


4]False Alligators ( yes I spelt it right ) should be collected at one place and sent to the moon ~~~so that they can live happily ~~~~~

yes that must be done.


5] Let there be Sach ki Roshni around this world ~~~ SPREAD LOVE NOT HATE ~~~~
 


 

What you are saying has substance. It is unfortunate that some persons in the begining of this thread without understanding from the legal perspective started emotional chest thumping. Your preivious thread on gambling etc. was also serious and I had made detailed reply to it but for some unknown reasons the thread was deleted.

Most of the present laws were created by British to keep natives "in control" by sending a message about who is the master and who is the slave. Every concievable law that could be used to send them to jail or death was legislated. Unfortunately the present rulers whose thinking was/is not much different from the colonial rulers found these laws to be suitable for their overall designs and did no efforts to change such laws.

Also it needs to be noted that laws for adultry were created during the times when wife was percieved as "property" of husband. Consent of wife was considered immaterial in adultry. Anybody enjoying by doing theft of that "property" without consent from husband was considered doing a criminal offense and had to be punished accordingly.

As per my understanding from purely legal angle, adultry at the most ought to be a civil offense and not a criminal offense. If someone takes this matter as a writ in High Court or Supreme Court, it appears has good chance of winning. How? I try to explain as below:

1) All laws flow from the Constitution. Marriage or s*x related laws flow from Article 21 especially from the Liberty part.

2) If you do not marry and have consensual s*x(enjoying Liberty guaranteed by Article 21) with another unmarried adult, nobody is violating rights of anybody in criminal manner. This position has been upheld by courts while decriminalising gay s*x and live in relationships between consenting adults.

3) Similarly if one has consensual s*x(enjoying Liberty guaranteed by Article 21) with another married adult outside marriage(called adultry under IPC), nobody is violating rights of anybody in criminal manner. Please note the fact that the s*x in adultry is consensual just like in case between unmarried adults which has already been decriminalised by courts. Difference being only that adultry violates the civil rights of other spouse in question under marriage in a civil aspect.