Adultery no longer a criminal offence in India

[El Sidd]

Next Stop.

Kill the iddah for Muslims in India

 

[Politico]

You are a liar.

Show me the proof that Islamic scholars said beat the wife. you are an idiot.

I am a Muslim and know Islam better than you do.

I was always taught tap on the wife''s back, not beat.

You don't know Islam.

Name which Islamic scholar said beat the wife. Show me the proof otherwise you are a damned liar !
This Pakistani forum is full of Muslims who all know it is just tapping on the wife''s back.

Would you like me to call them?


You hypocrite I see many Hindus living in the west and eat beef!

Guess you ran away, huh?
Because you know you are lying.

As a Muslim personally, I was taught that it is tapping on the back with a finger, not beating the wife up, you idiot.

But what would you know? You don't know Islam... lol...

As a matter of curiosity, do you know of any Indian scripture which forbids the eating of beef or even meat for that matter? Reason I ask is because my husband has a Hindu friend who eats any form of meat (including beef and pork) and when questioned, he always says...show him a Hindu scripture which forbids eating meat including beef and he will stop

 

[Sine Nomine]

That,s shows how much majority of mullahs damaged this society and country according to me.

I was only referring to single unmarried people.

They should getting themselves married,monah kala karney ke kiya zarorat hai.

Not everyone think from religious point of view.

Few things are set by almighty and as a Muslim you need to follow them.

No son thats you and thats your facebook status
Qari sahab is your top and you are his bottom

I don't have facebook kiddo.
Hahah i was in my heydays punk when you were enjoying on your Qari sahab's lap

 

[SecularNationalist]

Few things are set by almighty and as a Muslim you need to follow them.

They should getting themselves married,monah kala karney ke kiya zarorat hai.

Well if you want to live that way no problem but if you want others to live that way or try to impose on them then indeed you are no different than taliban or daesh..period.

 

[Turingsage]

About time. A free democratic state has no business in what consenting adults do in their bedroom.
If you think your spouse has committed a unforgivable act then seek a divorce via the courts.

 

[Daghalodi]

Why?

Their official name is Rape-blic of Bharat

 

[MultaniGuy]

As a matter of curiosity, do you know of any Indian scripture which forbids the eating of beef or even meat for that matter? Reason I ask is because my husband has a Hindu friend who eats any form of meat (including beef and pork) and when questioned, he always says...show him a Hindu scripture which forbids eating meat including beef and he will stop

I will admit, I am not well acquainted with the Hindu Scriptures of the Vedas, Bhagavad Gita, and the Upanishads.

But in common knowledge, I heard Hindus don't eat beef.

Even Mcdonalds or was it KFC don't sell beef burgers in India not to offend the Hindu sentiments, I heard they sell lamb and chicken burgers in India not to offend the Hindus there.

Even @Soumitra claims to be a vegetarian.

You still did not answer my question


Try to answer without bringing Sati, Caste, Rape, Toilet, Poverty

Nor did you answer my questions.

Now shoo.

 

[Soumitra]

I will admit, I am not well acquainted with the Hindu Scriptures of the Vedas, Bhagavad Gita, and the Upanishads.

But in common knowledge, I heard Hindus don't eat beef.

Even Mcdonalds or was it KFC don't sell beef burgers in India not to offend the Hindu sentiments, I heard they sell lamb and chicken burgers in India not to offend the Hindus there.

Even @Soumitra claims to be a vegetarian.


Nor did you answer my questions.

Now shoo.

A lot of Indians- of all religions are vegetarians

AFAIK Neither KFC nor McDonalds sells beef burgers in India.

It is the same as selling halal burgers so as to not offend Muslim sentiments

Infact KFC in India also started vegetarian options to attract vegetarian people

One more thing - The world's only all veg Subway is in Gujarat, India

 

[monitor]

Adultery no longer a criminal offence in India

India's top court has ruled adultery is no longer a crime, striking down a 158-year-old colonial-era law which it said treated women as male property.

Previously any man who had sex with a married woman, without the permission of her husband, had committed a crime.

A petitioner had challenged the law saying it was arbitrary and discriminated against men and women.

It is not clear how many men have been prosecuted under the law - there is no data available.

This is the second colonial-era law struck down by India's Supreme Court this month - it also overturned a 157-year-old law which effectively criminalised gay sex in India.

While reading out the judgement on adultery, Chief Justice Dipak Misra said that while it could be grounds for civil issues like divorce, "it cannot be a criminal offence".

Who challenged the law?
Last August, Joseph Shine, a 41-year-old Indian businessman living in Italy, petitioned the Supreme Court to strike down the law. He argued that it discriminated against men by only holding them liable for extra-marital relationships, while treating women like objects.

"Married women are not a special case for the purpose of prosecution for adultery. They are not in any way situated differently than men," his petition said.

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The law, Mr Shine said, also "indirectly discriminates against women by holding an erroneous presumption that women are the property of men".

In his 45-page petition, Mr Shine liberally quotes from American poet Ralph Waldo Emerson, women rights activist Mary Wollstonecraft and former UN Secretary General Kofi Annan on gender equality and the rights of women.

Previous pleas were dismissed by the court in the interests of "stability of marriages"
However, India's ruling BJP government had opposed the petition, insisting that adultery should remain a criminal offence.

"Diluting adultery laws will impact the sanctity of marriages. Making adultery legal will hurt marriage bonds," a government counsel told the court, adding that "Indian ethos gives paramount importance to the institution and sanctity of marriage".

What did the adultery law say?
The law dictated that the woman could not be punished as an abettor. Instead, the man was considered to be a seducer.

It also did not allow women to file a complaint against an adulterous husband.

A man accused of adultery could be sent to a prison for a maximum of five years, made to pay a fine, or both.

And although there is no information on actual convictions under the law, Kaleeswaram Raj, a lawyer for the petitioner, said the adultery law was "often misused" by husbands during matrimonial disputes such as divorce, or civil cases relating to wives receiving maintenance.

"Men would often file criminal complaints against suspected or imagined men who they would allege were having affairs with their wives. These charges could never be proved, but ended up smearing the reputations of their estranged or divorced partners," he told the BBC.

Interestingly, Indian folklore and epics are full of stories about extra-marital love. Most love poems in Sanskrit, according to scholar J Moussaief Masson, are "about illicit love".

But Manusmriti, an ancient Hindu text, says: "If men persist in seeking intimate contact with other men's wives, the king should brand them with punishments that inspire terror and banish them".

What did the judges say?
All five Supreme Court judges hearing the case said the law was archaic, arbitrary and unconstitutional.

"Husband is not the master of wife. Women should be treated with equality along with men," Chief Justice Misra said.

Judge Rohinton Nariman said that "ancient notions of man being perpetrator and woman being victim no longer hold good".

Justice DY Chandrachud said the law "perpetuates subordinate status of women, denies dignity, sexual autonomy, is based on gender stereotypes".

He said the law sought to "control sexuality of woman (and) hits the autonomy and dignity of woman".

Critics have called the law "staggeringly sexist", "'crudely anti-woman'", and "'violative of the right to equality'".

"The legal system should not regulate whom one sleeps with," wrote Rashmi Kalia, who teaches law.

The main concern, according to the respected journal Economic and Political Weekly, is "not whether the expectations of fidelity in a marriage are right or wrong, or whether adultery denotes sexual freedom."

"It is whether the state can and should monitor a relationship between adults that is too complex, sensitive and individual for it to be capable of doing in a just manner," the journal wrote in a recent editorial.

Where else is adultery a criminal offence?
The latest challenge was made in view of the "changed social conditions"
Adultery is considered illegal in 21 American states, including New York, although surveys show that while most Americans disapprove of adultery, they don't think of it as a crime.

"The criminal statutes remain in force for largely symbolic reasons, and there isn't enough enforcement risk for anyone to incur the political costs of repealing them," Deborah Rhode, a professor of law at Stanford University and the author of Adultery: Infidelity and the Law told the BBC.

Adultery is prohibited in Sharia or Islamic Law, so it is a criminal offence in Islamic countries such as Iran, Saudi Arabia, Afghanistan, Pakistan, Bangladesh and Somalia.

Taiwan punishes adultery by up to a year in prison and it is also deemed a crime in Indonesia. In fact, Indonesia is drafting laws that prohibit all consensual sex outside the institution of marriage.

In 2015, South Korea's Supreme Court struck down a similar law where a man could be sent to prison for two years or less for adultery. The court said the law violated self-determination and privacy.

More than 60 countries around the world had done away with laws that made adultery a crime, according to Indian lawyer Kaleeswaram Raj.

In the UK, adultery is not a criminal offence and like many other countries, one of the main reasons given for divorce.

Couples cannot use adultery as a ground for divorce if they lived together as a couple for six months after the infidelity was known about.

Have there been previous challenges to the law?
In 1954, the law was first challenged by a petitioner asking why women cannot be punished for the offence, and that such "exemption was discriminatory".
Critics have called the law "violative of right to equality"
The Supreme Court rejected the plea.

Since then, the top court has rejected similar pleas, including the constitutional validity of the law, at least twice - 1985 and 1988.

"The stability of marriage is not an ideal to be scorned," a judge said in 1985.

A married woman had approached the court, demanding the right to file a complaint of adultery against her husband's unmarried lover. The court, rather patronisingly, described the plea as a "crusade by a woman against a woman".

It said the law was about punishing the "outsider" who "breaks into the matrimonial home" and "violates its sanctity".

Two different panels on law reforms in 1971 and 2003 recommended that women should also be prosecuted for the offence.

"The society abhors marital infidelity. Therefore there is no good reason for not meting out similar treatment to the wife who has sexual intercourse with a married man," the 2003 panel, led by a judge, said.

In 2011, the top court, hearing another plea, said the law was facing criticism for "showing a strong gender bias, it makes the position of a married woman almost as a property of her husband".

What has the reaction been to the latest ruling?
Many Indians were not even aware the law existed. However, after Thursday's ruling, people have been largely supportive of the verdict.

Skip Twitter post by @kavita_krishnan
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Decriminalising of #Adultery is welcome and long overdue. Adultery is now grounds for divorce not crime. The law criminalising men for relations with some other man's wife was patriarchal, assumes wife is husband's property and has no autonomy. Good riddance #AdulteryVerdict

— Kavita Krishnan (@kavita_krishnan) September 27, 2018
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End of Twitter post by @kavita_krishnan

Skip Twitter post by @BDUTT
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Court shows the way again ! Well done #CJI #DipakMisra- absolutely right. Adultery is grounds for divorce- but criminalizing consensual sexual and marital choices is State Over reach. The only time the State should be in your bedroom is if consent is missing. https://t.co/t4mhkFiKCI

— barkha dutt (@BDUTT) September 27, 2018
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End of Twitter post by @BDUTT

Others said the top court should now move to make marital rape a criminal offence:

Skip Twitter post by @Nidhi
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377- check
Adultery- check
Next step: make marital rape a crime

— Nidhi Razdan (@Nidhi) September 27, 2018
Report
End of Twitter post by @Nidhi

But a few felt that the law should have been made gender neutral instead of being struck down:

Skip Twitter post by @DeepikaBhardwaj
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One line conclusion of SC take on #497 #Adultery law : Whenever society will demand that women also be punished for a crime that man is, they will strike the law itself down rather than making the offence gender neutral.

MEN : You have absolutely no RIGHTS within a Marriage.

— Deepika Bhardwaj (@DeepikaBhardwaj) September 27, 2018
Report
End of Twitter post by @DeepikaBhardwaj

Skip Twitter post by @theindianguy97
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Now there is no meaning of marriage , the holy institution of marriage has been strikes down by the court .

— Sourabh sharma (@theindianguy97) September 27, 2018
Report

Now hard time ahead for indian man to safe their married life with bellow average size penis. If you can't play well on bed she won't think twice to find a better size.

 

[MultaniGuy]

A lot of Indians- of all religions are vegetarians

AFAIK Neither KFC nor McDonalds sells beef burgers in India.

It is the same as selling halal burgers so as to not offend Muslim sentiments

Infact KFC in India also started vegetarian options to attract vegetarian people

One more thing - The world's only all veg Subway is in Gujarat, India

Thanks for the information.

 

[surya kiran]

As a matter of curiosity, do you know of any Indian scripture which forbids the eating of beef or even meat for that matter? Reason I ask is because my husband has a Hindu friend who eats any form of meat (including beef and pork) and when questioned, he always says...show him a Hindu scripture which forbids eating meat including beef and he will stop

When you say, Hindu scripture, its very difficult to pin point any one. Because none of them are mandatory. Either to follow or read. It is the person's individual choice what he/she wants to do.

The concept of 'ahimsa' comes from Jainism and Buddhism. Not Hinduism.

 

[Asian.Century]

Adultery not an Offense - Make in India.

 

[khansaheeb]

Adultery not an Offense - Make in India.

Nor it seems is rape, women and child trafficking, gays, incest etc

 

[-=virus=-]

 

[TopGun786]

I don't think that homosexuality is an offence. Adultery between two consenting adults, whichever gender they are, is not a crime. Neither is incest a heinous crime, in fact, Islam approves and promotes incest between cousins and others family relationships.

1- Mouth farting without knowing the facts.
2- Islam does not promote any kind of incest.
Cousins neither have the same mother, nor the same father.
3- Reported you already to the mods.
4- Once again my theory is proved... cow urine and dung have very negative effects on the brain (if Bhaktoras have any).