This refers to the report, “Why only men punished for adultery, SC raises moot point” (December 9). As of now, there is differential treatment of a married man and a married woman involved in adultery. While all the blame is put on the man, the woman escapes the blame. This goes against the notion of gender equality. Meanwhile, a married man’s consent or connivance does not make his wife having sex with another a ‘property’. This because she can refuse extra-marital sex and if she is coerced into it against her will, it becomes rape. Sex served with the nod of the husband does not precisely fit into the definition of adultery. Reason requires that the man and the woman should be held equally responsible for an act indulged in with mutual consent.
No doubt, adultery is a breach of marriage vow and trust. But the importance attached to personal liberty nowadays raises the question whether it can be treated as a criminal offence. Further, individual make-up, upbringing and circumstances vary and it will be less than fair to seek to apply one uniform law to all infidelities and illicit relationships. Variously regarded as a sin, an indiscretion, a temptation and an itch, adultery is morally a minefield and legally a grey area. The notion of gender equality in all matters, including fidelity, should underpin the adultery law. However, a change in law is unlikely to bring about a significant reduction in extra-marital affairs carried on, mainly for physical and emotional reasons.