28th Sep 2018 10:09:AM Editorials
Eastern Sentinel Arunachal News

Husband is no more the master. So says the Supreme Court of India while striking down the 158-year old adultery law on Thursday. Chief Justice of India Dipak Misra, who read out the judgement on behalf of himself and Justice Khanwilkar, said: “It's time to say the husband is not the master.” Chipped in Justice Chandrachud when he said: “Section 497 deprives a woman of agency and autonomy and dignity…Woman has sexual autonomy within marriage. Marriage does not mean ceding autonomy of one to the other.” This should be considered the millennium judgement in a patriarchal society which considered women as weaker sex and limited her role to the kitchen and child-bearing (that too only male). In the 21st century digital India, society seems to be distinguishing sexual relations between consenting adults as more and more adults are having relationships beyond marriage and live-in partners have become the new norm in metropolitan cities of India. The taboos associated with sex are slowly disappearing and a new awakening in regard to sexual relationships is taking place.

While the Supreme Court judgement is very significant, it is the observations made by the five-judge bench on women’s rights, sexual relationships and power structures within a marriage that will gladden the hearts of all those who believe in equality, and raise the hope those good days for Indian women might not be an impossible dream.  With two back to back judgements, the earlier one on legalising homosexuality, the Supreme Court has now become the custodian and umpire for Indian’s sexual relationships.

The British enacted Section 497 which was adopted in the Constitution was a patriarchal, regressive piece of legislation that considered a married woman her husband’s 'property.' While the husband can have his extra affairs outside the marriage, the same by women is considered a sin and often she was at the receiving end in the male dominated society. Adultery might be immoral — it cannot be illegal. It is not the Constitution of India’s job to decide what two consenting adults do in the privacy of their bedrooms. As the SC said: “In case of adultery, criminal law expects people to be loyal, which is a command which gets into the realm of privacy.” 


Kenter Joya Riba

(Managing Editor)
      She is a graduate in Science with post graduation in Sociology from University of Pune. She has been in the media industry for nearly a decade. Before turning to print business, she has been associated with radio and television.
Email: kenterjoyaz@easternsentinel.in / editoreasternsentinel@gmail.com
Phone: 0360-2212313

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