A Project Work On

WOMEN AND LAW

‘SECTION 497 OF IPC: HISTORY AND ANALYSIS’

SUBMITTED TO: Ms MADHURIMA DE SARKAR

FACULTY: - WOMEN AND LAW

SUBMITTED BY: UTKARSH UIKE

SEMESTER 8
SECTION B
ROLL NO.171

SUBMITTED ON:
6th APRIL, 2017

HIDAYATULLAH NATIONAL LAW UNIVERSITY

Raipur, Chhattisgarh
 DECLARATION

I, Utkarsh Uike, hereby declare that, the project work entitled, ‘SECTION 497 OF IPC:
HISTORY AND ANALYSIS’ submitted to H.N.L.U., Raipur is record of an original work done
by me under the guidance of Ms Madhurima De Sarkar, Faculty Member, H.N.L.U., Raipur.

UTKARSH UIKE
Batch XIII
Roll No. 171
06/04/2017
 ACKNOWLEDGEMENTS

Thanks to the Almighty who gave me the strength to accomplish the project with sheer hard
work and honesty.
I would like to sincerely thank my faculty ofWomen and Law, Ms Madhurima De Sarkar for
giving me this topic and guiding me throughout the project. Through this project I have
learned a lot about the aforesaid topic and this in turn has helped me grow as a student.
My heartfelt gratitude also goes out to the staff and administration of HNLU for the
infrastructure in the form of our library and IT lab that was a source of great help in the
completion of this project.

UTKARSH UIKE
 TABLE OF CONTENT

Contents
DECLARATION................................................................................................................................... 2
ACKNOWLEDGEMENTS ................................................................................................................. 3
TABLE OF CONTENT ........................................................................................................................ 4
CHAPTER-I ...................................................................................................................................... 5
INTRODUCTION............................................................................................................................. 5
1.1 Statement of Problem ........................................................................................................... 6
1.2 Research Questions ............................................................................................................... 6
 To study about what is women empowerment. ........................................................................... 6
 To study what are the constitutional and other legal provisions for women empowerment in
India. ................................................................................................................................................... 6
 To study the government policies and schemes for women empowerment. ............................... 6
1.3 Scope of Study ....................................................................................................................... 6
The scope of this project is limited. In this project I stated women empowerment in Indian context
with special reference to constitutional and legal provisions and mentioned programmes and
policies initiated by government to empower the women .................................................................. 6
1.4 Research Methodology ......................................................................................................... 6
CHAPTER-II..................................................................................................................................... 7
Chapter III: Jurisprudential analysis of ‘Adultery’ ................................................................................ 11
Chapter IV: What constitute adultery? ................................................................................................. 13
CHAPTER-V ............................................................................................................................................ 16
CHAPTER-I

INTRODUCTION

Adultery, in its literal sense, has been defined as a consensual physical

association between two individuals who are not married to each other and either or
both are married to someone else having living spouse. The actual definition of
adultery may vary in different jurisdictions but the basic themeis sexual relations
outside marital wed-lock.1 Adultery, also known as‘infidelity’ or ‘extra-marital affair’, is
certainly a moral crime and is thought-outa sin by almost all religions. There is
however, difference in the literal, social and legal definitions. The dictionary
meaning of ‘adultery’ connotes voluntary sexual intercourse of a married person
other than his or her spouse.2 Thus, the dictionary meaning of ‘adultery’ signifies
gender neutrality and it may be committed by either of any sex. It proposes three
conditions for commission of ‘adulterous’ act by the person when–

(i) He or she has a sexual intercourse with opposite sex

(ii) Either one or both of them are having living spouse and knowledge
about it.
(iii) Such sexual intercourse is voluntarily committed

From social point of view, ‘adultery’ means an extra-marital voluntary sexual

intercourse between heterosexual persons either or both of them are married having
living spouse. The legal definition of adultery varies from country to country and
statute to statute. While at many places adultery is when a woman has voluntary
sexual intercourse with a person other than her husband, at other places adultery is
when a woman has voluntary sexual intercourse with a third person without her
husband’s consent. In India, the legal provision under penal statutes signify the
‘female adultery’ where only the section consider adultery if occour with married
woman only.

1
http://www.britannica.com/EBchecked/topic/6618/adultery visited on 25.03.2017
“The Concise Oxford Dictionary of Current English”; Sixth Edn; Oxford University Press; p. 15
2
1.1 Statement of Problem

Legal analysis of regulation of adulterous behavior of married person under different legal
systems portrait that the provision of adultery is much influenced by the social values of
‘sexual morality’ existed at the moment of formulating the legal provision. In India too, S.
497 of IPC had been drafted before 150 years during colonial period and since from its
inception it has been whirling into debatable controversies on several accounts such as its
gender bias approach, reflecting cultural conflicts, questioning equality clause and strong
arguments have been raised either for its retention, modification, or complete deletion from
penal statutes. This article has attempted to articulate these controversies from legal point of
view in contemporary India.

1.2 Research Questions

 To study about what is section 497 of Indian penal Code
 To study the origin and historical perspective of Adultery in India
 To analyse the section both jurisprudentially and logically.
 To understand what constitutes adultery.

1.3 Scope of Study

The scope of this project is limited. In this project I studied section 497 of IPC in Indian
context with special reference to constitutional and legal provisions and mentioned
programmes and policies initiated by government to empower the women

1.4 Research Methodology

The research methodology applied is Doctrinal one, where all the referred material have
been taken from various resources such as, cyberspace and legal data-bases, and no
practical or field work has been done. It will involve secondary data such as various
Acts, Rules and regulations, Judgements, Articles, Published Reports, Books and
Journal.
CHAPTER-II

Adultery – Historical perspective

The term adultery has an Abrahamic origin, though the concept predates
Judaism and is found in many other societies. Though the definition and
consequences vary between religions, cultures, and legal jurisdictions, the
concept is similar in Judaism, Christianity, and Islam. Hinduism also has a similar
concept.3
Historically, adultery has been considered to be a serious offense by many
cultures. Even in jurisdictions where adultery is not itself a criminal offense, it may
still have legal consequences, particularly in divorce cases. For example, where there
is fault-based family law, it almost always constitutes grounds for divorce, it may be
a factor to consider in a property settlement, it may affect the status of children, the
custody of children, etc. Moreover, adultery could result in social ostracism in some
parts of the world.
It has been observed that sexual relation has found basis of social relationship in
almost all the civilized society in the world. Therefore, there is strict social sanctions
had been imposed on formation, continuation and regulation of sexual relationship
in the society at any given moment of time. History had evidence that there had been
a chain of normative values that govern and regulate the sexual activities of an
individual. The permitted sexual relationship within the marital wedlock has been
found the basis of marriage institution, which had been thought to be an important
institution for sustaining the society. Historical analysis has revealed that depending
upon the various factors, the different society shows either a clear permission and
prohibition of sexual relationship which may be governed by value based system of
‘Sexual morality’ which prescribed norms of permitting or prohibiting sexual
relationship between opposite sexes.
2.1. Adultery – Ancient to recent
Though the modern trend is to have liberal approach for adultery, historically,
many cultures have regarded adultery as a crime. Jewish, Islamic, Christian and
Hindu traditions are all unequivocal in their condemnation of adultery. In most

3
Encyclopedia Britannica Online, "Adultery"". Britannica.com available at "Encyclopedia Britannica Online,
"Adultery"" visited on 22.03.2017
cultures both the man and the woman are equally punishable. However, according
to ancient Hindu law, in ancient Greece and in Roman law, only the offending
female spouse could be killed and man was not heavily punished.
In ancient Greece and Roman world, there were harsh laws against adultery but
these were applicable only if the female was married. But theselaws were not
relevant if a man maintained sexual relationship with a slave or an unmarried
female. The Bible too forbids adultery and the seventh commandment clearly states
this. In customary Judaism, both the parties were equally responsible for adultery
but it applied only if the female partner was married. Lord Jesus also abhorred
adultery and considered that even looking at a female lustfully is equivalent to
adultery. According to ancient Hindu laws, only the felonious female were punished
& killed while the husbands were considered equal to god and were left off with
warnings only.
The legal definition of adultery varies from country to country. Laws related
to adultery vary from statute to statute and at some places adultery is considered a
crime and the adulterer may even have to face death penalty while at some places it
is not punishable. In few statutes, if either individual is married to someone else,
both parties to an adulterous liaison are culpable to the crime. Christian, Jewish,
Islamic and Hindu traditions condemn the act of adultery and in Islam; the
adulterers especially the female may be stoned to death.
Law must keep pace with changing social needs. Law relating to adultery in
other countries is different from India.4In the United States of America, the law
relating to adultery differs from one State to another. A careful perusal of the law
relating to criminal adultery prevailing in different States in the United States
revealed that three major formulations of adultery exist under State laws in the
United States, viz.
(i) the common law view (the law of a country or State based on custom,
usage, and the decision of the law Courts, technically referred to as
the English legal system);
(ii) the canon (a law or body of laws of a church);
(iii) the hybrid view.

2.2 Adultery : Historical perspectives in India

Barring few exceptions of tribal communities, the evolutionary development of
family institution in India portrait patriarchal pattern, and thus, the permissible

4
Gaur (Dr.) K.D., A Text Book on the Indian Penal Code by K. D. Gour (2004, Ed.).pg 734
marital tie prescribe strict restriction on sexual behavior of married couple,
especially of woman. The reflection of such normative pattern in the sexual activities
reflected in many incidences. Formation of permissible sexual relationship need
social sanction and only monogamy, polygamy, polyandry types of sexual
intercourse had social recognition. However, in few societies’ practices like “keep”,
“slave keeping”, “Muta marriage” has also observed as a practice. Thus, one
common, though notuniversal, feeling has been observed throughout the history
about theadultery, that it is prohibited norms in one or the other form in every form
of society.
This is to be noted down that adultery shall be put on different aspects of
criminal behavior than other crime mentioned under the penal statutes. Adultery
does not have the grave effect on the society, or rather it does not pose threat to the
peaceful existence of society as in the other cases of crime such as murder, dacoit,
theft, grievous hurt, public tranquility, defamation, rape etc,. The similar is the thing
about the punishment for adultery. It can be argued that the punishment to the
person committing adultery is not and cannot be a remedy for a person aggrieved of
adultery. The object of prosecution for adultery is more often to reach a settlement
with the offender at the mercenary level and seldom to send the offender to jail. In
fact this was the very reason why the offence of adultery did not figure in the very
first draft. To this extent, the conditions are not appreciably different even today.
The existence of Section 497 has no apparent affect on society. Acknowledging this
most western countries have decriminalised adultery. It is not a crime in most
countries of the European Union, including Austria, the Netherlands, Belgium,
Finland, Sweden and even Britain from whom we have borrowed most of our laws.5
In the United States, in those states where adultery is still on the statute books,
offenders are rarely prosecuted. However, it still remains part of discussion in this
research paper that whether adultery shall be made punishable at all in 21st century
or it shall be dealt in the like manner such as other western countries by
decrimnalising it.
Historically in India, ‘adultery’ had been considered as an anti-social activity and
prohibited by law. However, the concept and understanding about the adultery in
ancient period and modern period is little bit different, and punishment also differs.
The ancient code of Manu merely provided for varying range of punishments for
offence of adultery ranging from simple repentance to the ghastly burning of the
offender. From the Manu’s thought it enough for a high cast man committing this
offence with law caste woman torepent, it is reasonable to conclude that in Manu's
5
The reason for declaring ‘adultery’ as an offence is due to the reason that First Law Commission had
drafted the first penal statutes in India based on the existing law at Britain, but modified it on the line of
socio-political requirement prevailing in India at that time.
views adultery is not per se an offence involving moral depravity. Hindu
Matrimonial Laws do not make a single act of adultery as valid ground for granting
divorce.6 Thus according to Manu, the relationship of upper caste man with lower
caste woman is not adultery, but adverse was the case of adultery.

2.3. Historical Perspective of penal provision on ‘Adultery’

In India, the provision on ‘adultery’ under the penal statutes has gained
controversy from its inception. The main architecture of Indian Penal Code,
Lord Macaulay, was against the insertion of such section in the original draftand
wanted to keep it out of the purview of penal statutes. According to him, such
inclusion will unnecessary and unwarranted and shall be left to the society to take
care for. Therefore the first proposed original draft of Indian Penal Code did not
have any such provision. But it was included latter on.
The enacted first penal legislation in India contained the offence of adultery
which was put under Chapter XX that deals with the Offences Relating to Marriage.
It contained four sections [494-498]. Thus the section as it was stand in the penal
statutes prescribed that if a man, married or unmarried has voluntary and
consensual sexual intercourse with a married woman, without the connivance of her
husband, he would be criminal held liable for the offence of adultery.
The plain reading of this section clearly manifested the original prejudices in
the mind of the framer of this section. Thus from the inception of S. 497, it was so
drafted to make man guilty, and complete shield to the wife, even she may be the
active participant in the commission of an offence. The further analysis of this
section unequivocally conveys that a man alone can commit adultery and the
woman (adulteress) is not liable even as an abettor. Whatever may be justification, or
social necessity, this section clearly from its inception put this presumption on
legislative agenda that whether the woman is a victim of adultery or is herself an
adulteress, she is completely free of being penalized for offence of ‘adultery’.
The feminists also raise the objection on the S. 497 as it portrait prejudice of wife as
property of her husband. According an argument has been raised that dubious as all
the meanings of the word are, the one chosenin S. 497 of IPC entrenches male control
over women. The inferences that can draw from this law are twofold. One that the
man owns his wife sexually, and his consent is necessary to gain sexual access over
her. Second, the offence of adultery is legally equivalent to that of theft, the goods
being the wife’s body. Women are therefore, denied agency, whether they
themselves have committed adultery (as understood generally) or are married to

6
Bharat Heavy Plates & Vessels Ltd. vsSreeramachandra Murthy (1988) IILLJ 22 AP [para 11]
men committing adultery.7 However, both these arguments are not tenable as S. 497
is the part of group of four sections (494-498) which are related to marriage and does
not fall in the category where theft and other offences fall.

Chapter III: Jurisprudential analysis of ‘Adultery’

In order to understand the true nature of ‘adultery’ it is essential to
understand the modality of legislative framework. There are certain clues which can
be gathered to understand the true nature of offence. The first clue to understand the
offence of ‘adultery’ under Indian Penal Code may be got by ‘heading’ of the chapter
under which it has been placed. It has been placed under Chapter XX of the IPC
describing ‘Of offences relating to marriage’. Thus the four sections 494 to 498
(including 498A) are related with marriage. Thus, the close scrutiny of these
provisions clearly revealed that the provisions are so drafted to preserve the sanctity
of marriage institution. May it be bigamy, adultery, cruelty or criminal abduction of
wife, all provisions are drafted keeping central theme in the mind focusing the
marriage institution, it preservation, protection and promotion of harmony. Society
abhors marital infidelity. The object of Section 497 of the IPC is to preserve the
sanctity of marriage.8 The following points will help to understand the different
facets of provision relating to ‘adultery’ under the law.
3.1. Adultery as an offence – object of
The object of the provision relating to ‘adultery’ under the principle penal
legislation of India shows clear departure from the known principles of criminal law,
and cannot be understood its basic object on general principles of criminal law. As
well known presumption under criminal law, the law punishes to the person who,
with guilty mind involve in the criminal act. However, S. 497 clearly provide
immunity to the wife despite she portraits to be actively involved in ‘adulterous’ act.
The provision relating to ‘adultery’ has been so drafted to provide protection to
family as an institution, protection of woman from dominated class and prevent any
damage to either spouse due to the ‘adultery’ which has already hampered the
‘faith’ amongst them. In V. Revathi case9 Apex Court had an occasion to express its
view about the object of penal provision of ‘adultery’.
First of all, it has to be understood that S. 497 on ‘adultery’ is shield to defend,
not sward to tear off the marital relationship. It does not provide any of the spouses

7
GangoliGeetanjali, Indian Feminisms : Law patriarchies and violence in India,Ashgate Publishing Company
USA, 1st Ed.2007. pg. 61
8
Recommendation of V.S. Committee Chaired by Justice V.S. Mallimath; “The Report of the Committee on
Criminal Justice Reforms”; 2002; Para 117
9
V. Revathi v. Union of India & others 1988 Cri. L. J. 921
to use it as a sward to settle account against each other. Therefore, the law relating to
‘adultery’ under Indian Penal Code has been drafted and designed in such at way
that a husband cannot prosecute the wife for defiling the sanctity of the matrimonial
tie by committing adultery. Thus the law permits neither the husband of the
offending wife to prosecute his wife nor does the law permit the wife to prosecute
the offending husband for being disloyal to her. Thus both the husband and wife are
disabled from striking each other with the weapon of criminal law. The basic object
of the S. 497 of IPC is to promote the interest of marriage institution. S. 497 of the
IPC, 1860 does not enable either Husband or wife to send each other to jail.10
Another probable object of provision on ‘adultery’ in its present form u/s 497 has
been designed to protect the interest of the children. Perhaps it is as well that the
children (if any) are saved from the trauma of one of their parents being jailed at the
instance of the other parent. Whether one does or does not subscribe to the wisdom
or philosophy of these provisions is of littleconsequence. For, the Court is not the
arbiter of the wisdom or the philosophy of the law. It is the arbiter merely of the
constitutionality of the law.11
Yet another object underline the offence of ‘Adultery’ and not punishing
woman but still existed in the code because at the time when the law was enacted,
polygamy was deeply rooted in the society and woman shared the attention of their
husbands with several other wives and extramarital relations. Woman was treated as
victims of the offence of adultery as they were often starved of love and affection
from their husbands and could easily give in to any person who offered it or even
offered to offer it. The provision was therefore made to restrict Man from having
sexual relations with the wives of other man and at the same time to restrict their
extra marital relations to unmarried women alone. However, this presumption
though sounds popular and rational does not stand on the socio-political test. It is
hardly difficult to believe that existence of polygamy and victimization of woman
during the period of 1860 would have influenced the legislation to safeguard the
woman by providing her immunity from legal sanction. If legislature would want to
regulate the polygamy, who hardly did so, the drafting of S. 497 would definitely
had different shape.

3.2. Adultery – A logical analysis

Adultery, in the present form in the penal statutes need some consideration
from logical point of view. If one has taken a paid to analyse the provision of
adultery from logical point of view, it will leads to absurdity. The provision for

10
V. Revathi v. Union of India & others 1988 Cri. L. J. 921 SC [AIR 1988 SC 835] (M. P. Thakkar and Murari
Mohan Dutt JJ Divn Bench) [Para 3 pg. 922]
11
ibid
adultery in the Indian Penal Code (IPC), is not only old-fashioned, but also leads to
illogical outcomes. A plain reading of S. 497 of the Indian Penal Code reveals the
following points for consideration to constitute the offence of adultery under this
section-
One must have a sexual inter-course with a wife of another man
The person having sexual intercourse must have knowledge or hasreason
to believe that the woman is a wife of another man.
Such sexual intercourse must be without the consent of or connivanceof
the husband
Such sexual intercourse must not amount to rape

Chapter IV: What constitute adultery?

It is even more interesting to note that what constitute adultery and howthe
adultery is being committed. The relevant provision of S. 497 of the IPC runsas under-
"Whoever has sexual intercourse with a person who is and whom he knows or
hrelationship has been established shall be in force. Thirdly, the consent of the wife
shall be free and without any force. In case the consent of the wife is not free consent,
it will amount to be a rape, which is more serious. Fourthly the section has
demarcated that who can prosecute and who can be prosecuted. Under S. 497, only
the husband of the wife who has been involved in adulterous act can only file
complaint and only against the adulterous. The section also protects the wife against
adulterous act and complete protection under the section.
In short, the S. 497 of the IPC cover only the sexual intercourse that took place
with the woman whose marriage has been alive and the consented sexual
intercourse of her with the person other than her husband. S. 497 are therefore not
applicable in several circumstances. First, if the sexual intercourse has not been taken
place, the ingredient of S. 497 cannot be got completed. Secondly, if the adulterous
man successfully raise the plea of innocence about the marriage. Thirdly, if he has
been safeguarded by any of the general exceptions and he may raise the plea to get
free from the criminal liability so imposed.

It shall be noted down that there are similar kinds of sexual offences which
forms the species but different in its aspects and context than S. 497. A few offences
may be quoted here as a example such as, S. 376, S. 494, S. 354. However, despite
these offences may also involve the sexual intercourse out of marital wedlock the
offences of adultery is altogether different than these offences.
The first difference that demarcates the line between S. 497 and these offences
is the ingredient of the “consent” of the woman. In all other sections except, S. 497,
the woman does not have a consenting party.12 However, u/s 497, consent of the
woman is very important. If the woman does not consent for the sexual intercourse,
such act will be of forceful sexual intercourse without the consent of the woman, and
thus amount to a rape. The exception is only with respect to the wife above the age
of 16 years.34 In case of the wife below 16 years of age, even unconsented sexual
intercourse with her husband
as reason to believe to be the wife of another
manwithout the consent or connivance of that man, such sexual
intercourse not amounting to the offence of rape, is guilty of the offence of
adultery."13
Thus the adultery under Indian Penal Code has several characteristic features that
make it special provision. First the section is gender sensitive and can only
committed by man and not by the woman. As it stands, this section makes only man
criminally held liable who commits sexual intercourse with the wife of other man
without the consent of her husband and such act has been punishable and woman
cannot be punished even as abettor. Thus the offence cannot be leveled against the
woman. Secondly, such offence must be committed by the offender with the
knowledge or with any reason to believe that the woman with whom he is
undergoing a sexual intercourse is the wife of another man. In short, the offence has
been committed while the marriage of the woman with whom the sexualalso
amount to rape, but above 16 years age, it does not amount to be rape. In case of S.
454 & S. 494 the former speaks about the ‘outraging the modesty of women and
latter speaks about the bigamy. S. 454 happens in case the woman has not been given
consent. While S. 494, even the though the consent of the woman is there, there must
be a marriage of both the parties while the earlier marriage is still alive and not been
terminated. Again, in case of S. 354 & S. 376, the state is the aggrieved party and
anybody can file an FIR and take cognizance. While S. 494 or S. 497 is initiated only
on the complaint of the complainant who is generally the husband of the wife.
There is interesting case in hand which differentiate the different between S.
497 and S. 376. In ChemonGaro v. Emperor14 the original case had been filed u/s S. 376

12
Or even if the consent of woman has been taken under these sections referred above, this consent is not
free, or under the impression which misleads the victim.
13
Or even if the consent of woman has been taken under these sections referred above, this consent is not
free, or under the impression which misleads the victim.
14
(1902) ILR 29 Cal 415
and prosecuted the accused for committing the rape with married woman. However,
during trial, it has been revealed by the evidences that woman was the consenting
party in the offence, and thus instead of punishing the accuse u/s 376, the Session
Court punished the accused of S. 497 for adultery. In High Court accuse had raised
the plea of procedural lacuna, as the case was instituted u/s 376 and not u/s 497.
Thus, the formal “complaint” had not been lodged by the husband as required u/s
497 and S. 199 of the Cr.P.C. the Prinsep and Stephen, JJ.set aside the conviction of
the accuse as without jurisdiction. Court observed-
“…..the circumstances of his (the husband's) appearing as a witness in the
prosecution of that offence can be regarded as amounting to the institution
of a complaint for adultery in the sense of Section 478.36 The expression
'complaint' is a perfectly well-understood one, and Section 142 of the
Criminal Procedure Code (of 1872) in terms prohibits a Magistrate from
taking cognizance of' a case without complaint when it falls under
Chapter XX of the Penal Code within which is included Section 497. It by
no means follows, as a necessary consequence, that because a husband
may wish to punish a person, who has committed a rape upon his wife,
that is, who has had connection with her against her consent, he will
desire to continue proceedings when it turns out she has been a willing
and consenting party to the act. At any rate, if a criminal charge of
adultery is to be preferred, a formal complaint of thatoffence must be
instituted in the manner provided by law, and if it is not, Section 478
(Section 199 of the Code of 1898) will not have been satisfied.”
Thus, S. 497 stands totally on different footing and neither all sexual offences
between opposite sex fall under this section, not this section attract in all the cases of
consented sexual relation. It only attract when a woman or man has sexual
intercourse with outsider than their own spouse while his or her marriage is still
alive. However, there are one exception observed where the Allahabad High Court
had upheld the judgement of U. P. Public Service Tribunal of dismissing the
employee on the ground of ‘Adultery’. Thus, in Ex-Constable KishoriLal Sharma vs
U.P. Public Service Tribunal15 the constable had been dismissed from the service.
Court observed that it can be reasonably inferred that since a woman who is not
married with of the Constable having her spouse alive and marriage not yet
terminated, is living with the petitioner she is having sex with him also. Having sex
with the another man's wife is adultery as defined in Section 497 of IPC. Hence the
petitioner has committed criminal offence and was dismissed from service.

15
2004 (2) AWC 1434, (2004) 2 UPLBEC 1201
In this case, however, the action had been taken by U.P. Service Tribunal, despite S.
497 required that only aggrieved husband can only take cognizance. It may had
mute notion that since employer has discretion to dismiss its employee on the
ground of moral turpitude, the judgement may be justified, though the procedural
and technical requirement of S. 497 has not been met out.

CHAPTER-V

Conclusion and Suggestions:

Thus the forgoing legal analysis of provision related to ‘adultery’ under penal
statures clearly defines the substantive and procedural requirement and lay down
that S. 497 has been drafted differently. It can further be stated that
it leads to several illogical absurdity. The drafter of the provision itself appeared to
be in dilemma and at the present context it appeared to be more irrelevant. As the
time passes, and as the feminist jurisprudence making the women more empowered,
the provision that imbibe the protectionary prejudice attitude towards this class
loosing its relevance. Therefore, in the modern context such prejudice provisions
needed to be brought on the line of gender neutrality. In the modern era when the
society is too liberal with the sexual offences and gender equality is order of the day,
the provision of adultery has opened for debate. It fails to answer several questions
and leads to serve hardly any proper purpose. Thought, too some extent, the gender
neutral version of the provision of adultery as recommended by Mallimath
Committee and Law Commission would be appeared to be more logical, incidental,
relevant and able to serve better purpose, but looking to the various context, social
reality, it may be said that its complete deletion from the penal statutes serve better
purpose. In the modern society, penal statutes must be kept beyond the reach of that
civil matter, specially family matter, where such provision are misused,
misunderstood and hardly effective.
Thus it can be concluded that provision on ‘adultery’ under the different
legislative packages has ideology to promote marital harmony, strengthen marriage
institution, provide opportunity to husband to punish outsider, provide a chance to
both spouse to forgive and forget, and in turn, also form one of the basis for
dissolution of marriage under personal laws. Therefore, the legislative package in
present form also protects the women considering her victim in the male dominated
society.
Bibliography

 EncyclopaediaBritannica, available at:

http://www.britannica.com/EBchecked/topic/6618/adultery (Last Modified February
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