Adultery not A crime : IPC497 Unconstitutional by SC, but Men have to continue to Pay Price !

Last 158 years , a crime Adultery which was done by Both Men & Women together , but IPC497 was never termed Un-Constitutional in spite lacks of Men had been termed as criminal .

Then the various study came out that increasing number of women in adultery, killing of Husband by women due to adultery and demand to push to adulterous women also along with Men. It was almost common agreement among public that women also should be punishment for the same crime if men had been punished as in that crime both are having 50:50 partnership.

Even LAW commission came out with commendation that the law should be Gender Neutral .

The demand was starting keep rising every day , but alas , how can our Supreme Court term a crime done by Women as Crime in India and send a "Fertile Women" to Jail ?

They do not have any problem to send any age old women or unmarried women to jail in 498A or 304B law.

So Supreme Court of India after 158 yrs ,  today wake up and termed IPC497 ( adultery) is Un-Constitutional. 

The Supreme Court on Thursday unanimously struck down Section 497 of the Indian Penal Code that makes adultery a punishable offence for men. In four separate but concurring judgments, the five-judge bench of the Supreme Court said the 158-year-old law was unconstitutional and fell foul of Article 21 (Right to life and personal liberty) and Article 14 (Right to equality).

The apex court also declared Section 198(1) and 198(2) of the CrPC, which allows a husband to bring charges against the man with whom his wife committed adultery, unconstitutional. Chief Justice of India Dipak Misra, who pronounced the judgment in concurrence with Justice AM Khanwilkar, said while adultery could be a ground for civil issues, including dissolution of marriage, it could not be a criminal offence. 

Way back in 2006 , it was asked to me whatt is our view on such LAW , we categorically said , adultery should be a criminal law or civil law the word should be Person instead of Men or Women and Spouse instead of Husband or Wife.

The argument of national Commission stand was Adultery by Women cant be termed as Crime , as she is victim , not the men. So , it never became as Gender Neutral Crime in India and Men continue to pay the price for a crime which done by both Men and women as a 50 : 50 partnership.

Now as the IPC497 became un-constitutional instead of making it Gender Neutral , means a married women Lived or Living in adultery cant be questioned . She can even Claim Money from her Husband in CRPC125 , Domestic Violence Act , can term husband Criminal under 498A which Supreme Court does not find Un-constitutional .

So basically the Supreme court of India says : 

Hey Stupid Indian Men , you married a Women , now you beg, brow or steal , you have to provide her Food, Home, Money and whatever she want as a wife to make her happy, even through out your age old parents from their own Home, as you married her.

But when comes to sexual relationship , She can have as many Man as she want , its her right . She have have multiple sexual partner and your Job to provide Money to her as per LAW like CRPC125, Domestic Violence Act , Section 24 irrespective its her fault or your fault.

Now , if as a Men forget to get involved to any adultery , don't even to dare to dream , not only you , your parents , sisters , Brothers ,  all be send to Jail under 498A , as Supreme Court says they cant even act to correct the Loop Hole in any Law made by parliament , forget about to term the same Unconstitutional .

So , hey stupid Indian Men Change your Mind set , marriage does not mean she had taken oath that she will be committed to you , she can have as many Men as she like , its her constitutional Right , if you dis agree , be ready to go to Jail along with your parents , Brother , sisters too.

#SpeakUpMan or the day is not too far , Supreme Court is going to make new law : "Any crime done by Women should not be termed as Crime in Book of Law ." 

In a country where : Adultery by married Women is not a Crime but any aligation by women for simple verbal abuse , mental abuse , economical abuse , staring to women , refusal to marry by Men - is heinous crime as per IPC354 (Molestation) , IPC376 ( Rape) , IPC498A .

Time to enjoy the unleash #LegalTerrorism against men by Indian Law Makers and supported by Judiciary . Be ready for more extortion , Blackmailing , irrespective its your fault or her Fault . 

Adultery by Women - Child

#KarunaNandi & Justice #ChandraChud lobby pls stop plying with fire. Husband Suicide increasing, #HusbandMurder by adulterous wives increasing, even a good women too today tempted to do adultery, no fear of law, but husband still punished by hook or crook via 498A, DV, CRPC125. pic.twitter.com/D4Hrtw2T7T

— SwarupSarkar (@swarup1972) October 4, 2022

#KarunaNandi: Yr 2018 after #Adultery law scraped, Me written this 👇& send to SC/MP/MLA/Media.https://t.co/bQ5f72DagZ
After 5 yrs. A SC Judge dare to say: Adultery tears Family apart, should not taken lightly.
That's when unfair action by MiLord #Chandrachud people realized. pic.twitter.com/yy6AmHt3j0

— SwarupSarkar (@swarup1972) October 4, 2022

#HugYourDad & take Vow to Stop Fatherless Child society in India on #FathersDay.

Vicks VapoRub #HugYourDad - YouTube

▶ 1:19

“This father’s day, I am expressing my love towards my dad by participating in the #HugYourDad activity at BlogAdda in association with Vicks.”

 

Only a Father can put his life at risk knowingly or unknowingly for his Child. Many of you would have heard this popular story: 

Once a fatherand his 8 years old daughter was to cross a river. There was only one small damaged bamboo bridge to cross the river. The chances of bridge breaking down were very high if one was to walk through the bridge.

The father asked his daughter to hold his hand tightly, so that she would not fall down.

But the daughter said, “NO”, you hold my hand instead of me holding your hand.

The father was surprised and asked his daughter the reason?

The daughter replied, “I may leave your hand by mistake, but I know you will never leave my hand in any condition”.

That is the trust and confidence a Father gives to his Child.

Recently I witnessed an Advertisement of Gillette Role Model camping, where a 9 year old boy named Rudra, fights with his friend Kush, as Kush was hitting a sixer on every ball Rudra bowled to him. Rudra started using abusive words and they both end up fighting.

When his father questions him, from where he had learned such abusive words, he innocently replied “On TV bowlers use such words for Batsmen”.  

His father then tells him to go and apologise to his friend and congratulate his friends for his success.  

The boy asks his father “Why to congratulate?”

The father asks back, “Who hit the Six?”

The boy replies, “Kush”.

Father asks again “So, should Kush not be congratulated?”

Rudra understands what his father was trying to teach him. He rushes to Kush and apologises and congratulates him. His father later approaches Rudra and tells him that he will teach Rudra new bowling technique, so that he can bowl Kush out in the first ball the next time.

Father is the first teacher any child witnesses from their childhood. 

These all are happy stories that we all remember. But there are hidden truths in Indian society and courts of LAW, where more than 95% fathers are denied the custody of a child although comparatively they are more capable of taking care of their child’s welfare. Their paternal emotions for their own children get smashed day after day in the courtrooms, but Judges continue to use fathers as FREE ATM machines.

With time more and more anti-men, anti-father laws like 498A, DV, CRPC125, adultery laws etc, family harmony is being destroyed and the couple are fighting in court across 6 to 8 cases against each other. Such fathers and husband are treated as guilty till proven innocent.

The verbal statements of a wife are considered as gospel truth, irrespective of the audio/video evidence husbands and fathers provide, irrespective of their heart wrenching distress that is evident to all present in the courtrooms. Everyone, but the judges can see that he is not at fault, and label him a criminal, a worthless, incapable father unless higher courts state otherwise.

On average it takes between 5 to 7 years to prove a man his innocence. Historically and statistically, in more than 90% cases courts eventually find Husbands and fathers not at fault. However by this time he has lost 5 to 7 years of his golden years that he would have lived and shared with his loved child. No court, no society, no sympathy, nobody, not even Almighty God can give back those precious years to a husband, a father. While a father lives in pain during these years, a child misses out on all the love, affection, care, guidance that the child would have received from his father.

The most unbearable pain such fathers get is the pain of being deprived to meet and share moments with their own child or children. Many a times, when such pain crosses a certain threshold, fathers see no choice but to end their lives to stop living with such unbearable pain. In SIF, we have witnessed numerous cases where men have ended their lives silently, but at the same time being apologetic to their children for not having suffered ongoing pain. On various video sharing websites like Youtube, one can find many videos like that of Syed Makhdoom who have left final messages for their children and the world.

As a SIF moderator, in last 10 years, I have seen more than 7000+ cases, where a husband has been treated just like a free ATM machine. To get a basic visiting right for his child, court keeps giving dates after date. After many years of a long painful fight against the rotten, corrupt system, when he does eventually get a legal right, the wife does not obey the court order and poisons the child’s mind against his own father, labelling him as the worst person in the world; as ifDawood Ibrahim would be a better person than his own father.  

Anish Aggarwal, a 38 years old bright Software engineer, has been paying Rs 6000 per month for the past 2 years as maintenance to his child; however he continues to wait to meet his child. He continues to endure this pain in hope. Hope that one day he will be able to meet his child, give him a hug and shower his blessings upon the child. His child and he continue to miss those precious moments that they both deserve and need as humans.

Mr. ShymalVikram, 39 years old, HR manager in a MNC, managed to see his child in the 8^th year after paying Rs 8000 per month for 7 years. He was over the moon when he met his child. However who will return those precious 7 years of love and affection that he wanted to give and his child had right to receive? 

Mr. KunalMitra, had child visiting order in hand for 3 year, but failed to meet his child. When he reached in front of his wife’s home to meet his child, she filed more cases like Domestic violence to threaten him. Why has society given such ludicrous powers to wives that they continue to misuse and destroy a father and his love for his child?

Mr. Ashish Sarkar, 38 years old works in a media house. For the last 2 years he has been fighting in a court to find out if his child is a son or a daughter, let alone see the child. His wife on the other hand seeks maintenance for the child! Where is humanity heading, where is our Indian society moving towards with so much greed and selfishness?  

Mr. Ashish Sarkar, had a judgment, where the judge clearly mentioned in maintenance cases order, that it is totally unfair on part of wife to hide the child’s sex. Unfortunately due to rampant gender bias and blindness towards men and fathers, he cant do anything against such injustice even in a court. Why do we have a judicial system that is so diseased and disabled? 

Similar to such real life situations, such injustice to Indian fathers is rampant. India is heading speedily towards a fatherless society.  

In a recent letter, a Delhi based NGO Save Family Foundation questioned WCD (Women and child Ministry) on Father’s Day - Can a Child get Divorced?( Link )

They also cited statistics on how a Fatherless society is dangerous:

As we know fathers play a vital role in the development of a child. In United States of America, reported statistics inform us that Children from fatherless homes are:

1. 5 times more likely to commit suicide

2. 32 times more likely to run away from home.

3. 20 times more likely to have behavioural disorders

4. 9 times more likely to drop out of high school.

5. 10 times more likely to abuse chemical substances (become drug addicts)

In India, if you were to go through the crime data on Children and Adolescents, you will notice that more than 70 percent are fatherless children while more than 90 percent of call girls under prostitution net, confirm that they don’t have a father.

But will our LAW makers, WCD and Court Judges ever understand this and should they continue to use fathers as Free ATM machine only? If only money were able to provide a good welfare fora child, then all children from rich homes would have good moral characters and would never have any criminal records.

A child needs a teacher, a trusting relationship, a guiding friend, a loving father and a figure who has a God-like nature for blessings. Only a father can provide these as a single entity on this planet. These cannot be bought by money and no other human can give these to a child the way a Father does.

Now a days we witness Supreme Court, LAW makers and radical feminist groups advocating mediation/counselling from women’s cells all across the country. However these women cells have become cells of legal extortion and blackmailing cells for desperate, distressed fathers.

In my opinion as an advocate for Family harmony and child benefit, I suggest that children should have access to both parents irrespective of whether couple are able to reunite or separate amicably. That should be a standard process if we are to keep the child’s welfare at the forefront. Clearly a child cannot express such common-sense desire in women’s cell or Police stations or the NGO heads who are too often blinded in the name of women empowerment.

Please don’t kill the emotion of a Father for his child, an emotion that cannot be created or duplicated by force, law or threats. Biased practices in the courtrooms and society also kill the emotions of a child that are created by nature. Such emotional bonds are needed for a normal development of a child physically, emotionally, morally, spiritually and socially.

Very sadly, many lawyers, judges and others with blinded vision feel proud when a wife gets complete child custody or receives a big fat amount of money in the name of child care. Commonly we hear “A child has been united by his mother”. Nobody says “A child has been separated from his Father”. Such children become and remain fatherless forever.

As responsible adults, we must encourage children to meet separated Father’s home every weekend and whenever there is an opportunity, instead of supervised visitations or meetings limited to family court premises or within a park etc.

We must seek Law makers and Politicians to Grant immediate and equal (child) access to both parents, to legislate laws and make co-parenting mandatory to prevent expanding a fatherless society.

Rape Case: Lets Talk about such Women of India too!

Man freed in rape case, court says it was extra-marital affair

Court said married woman, who had four children, got involved in affair during subsistence of her marriage.

A man accused of raping a married woman on the false promise of marriage has been acquitted by a Delhi court, which observed it was a case of an "extra-marital affair being converted into rape".

The court said the married woman, who had four children, got involved in the affair during subsistence of her marriage and to save herself from "embarrassment", filed a false case against her paramour when her husband came to know about their relation.

"This trend of extra-marital affairs being converted into rape cases is coming up as several such cases have been filed in court on similar allegations. When a woman herself is not in a capacity to marry another man during the subsistence of her marriage, then why should her paramour be prosecuted, incarcerated and be tried for rape when it is actually just an extra-marital affair.

"This kind of unscrupulous litigation is required to be nipped in the bud itself," Additional Sessions Judge Nivedita Anil Sharma said, adding with changing times, the understanding of "morality" is also changing.

The court acquitted Moti Nagar resident Samir of the charges of rape and cheating, saying there is no material on record that the 25-year-old woman was forced into physical relations by the accused on a false promise of marriage.

"In fact what emerges from the evidence of prosecutrix is that there appears to be an element of an extra-marital affair between her and the accused which came within the knowledge of her husband due to which she left or was made to leave her matrimonial home and consequently the rape case was lodged (against accused) probably to save embarrassment for herself and maintain relations with her husband," the court said.

According to the prosecution, the woman filed a complaint with the police alleging that from January to April 20, this year, Samir repeatedly raped her on the false promise that he would marry her.

Crime against men today increasing a rapid speed , but who cares for that? 

Lets Talk about 21st Century such women and LAW of India also as such news always suppressed by Electronic media houses of India to Brain wash common Men that the Sexual assault or crime only men do against women and women never do such crime in India . 

In this case another Men also suffering  his name is "Indian Husband" , have any one shown the concern?

• The married women's husband can't file a case against her as adultery IPC497 is not a crime in India.

• Husband can't file Divorce case also , as the moment he will do that , she will fire the 498A , Dowry Act , Domestic violence act and CRPC125 also.

• Result Husband will loss the child , he will be out of his own home and have to pay the money in the cute name of "Maintenance" , let he beg/borrow/steal,  irrespective the prove wife at fault as CRPC125 she will just have to say , I had lived in adultery , but at present not living in adultery as the word in CRPC125 long back NCW changed from 'Lived in adultery" to 'Living in adultery" to deny any maintenance.

Media will never talk a single word about such cases and court will only make some comment , but will not send such women behind the bar , forget about any other Punishment.

If we found a cases like this related to a Married men , forget about court order even a allegations like this , not only the Husband , along with him his age old mother/unmarried sisters also had been put behind the bar under 498A , Dowry act , forced to provide a home to wife under DV act, hefty maintenance under CRPC125 and then keep making round the courts next 15 to 20 years to prove that the allegation is false and fabricated.

Society's Alpha Men's group, will continue to engage in abuse the "Mango Men" day and night through their twitter account , women activist will keep silence and end results some survey few days back confirmed the growth rate of women getting involved in adultery is more than 30% year to year.

SIF and their associated NGO repeatedly advice, caution to Government, LAW Makers , Justice Verma as well as to all Media house , to stop the abuse the "Rape law" in the name of non-Consent so called "Promise of marriage" , but who cares?

A women in India can have physical relation with any men with or without any promise , the same is never termed Rape , but even a verbal allegation against a men without any medical evidence also can be termed as "Gang Rape" and any TOM/DICK/HARRY can be put behind the bar in the name of Investigations and the accused threaten to victim.

History witness Injustice somewhere is direct threat of justice every where.

Join Save Indian Family Movement to Stop the legal terrorism of India and demand to replace the word Men/Women to "Person" to all crime related LAW or policy like all over world follow instead of making assumption that all Women born in Raja Harish Chandra family ( never lie) and all Men born in Criminal family. 

Every Men in India are under high risk of #Fakecases at Home, Office, Road due to multiple anti-Men #Unfairlaw - which became Blackmailing/Extortion Tool. To survive or #FightBack knowledge is Key. Law is not any rocket Science. Buy & start Read Law Books Now!

#CrimeByWomen : A 19 yr boy have been harassed, threatened for #FakeRape cases by A 29 Yrs Women if he refuse to marry ! Boy compliant to Police, but no FIR done. https://t.co/zQrjEBpvME

Law makers @rsprasad @HMOIndia @PMOIndia will never term such women criminal #SpeakUpMen

— SwarupSarkar (@swarup1972) August 2, 2020

Who is more possessive a wife against her husband or media Journalist against men?

Stop Abuse of IPC498A act in India

Many common people unaware the fact of IPC497 , for a wife even adultery also is not a crime (it is a rewarding option and free money earning business for the whole life), but for a man even an allegation of “Name-calling” is crime and not only the man, his mother/sister/age-old father also can be put behind the bar under 498A or DV act.

Any allegation by a wife against husband to be considered as TRUE irrespective the same is true or false. Same way a Case was registered against a Husband, that his wife suspects his relationship with another women in his office , so she suicide.  There was no evidence to that aligation or ill treatment to her , but our great law booked him under 498A , 306.

More surprise the lower court and high court also termed him as wife killer .

The person have to suffer all trouble legally, socially, have to run pillar to post to get bail and spend months in Jail without any investigation as 498A is non-bailable and at last SC found , he is not Guilty , but who will compensate him for the incorrect Judgments of Lower court and high court ?

 Writing a judgment for the bench, Justice Radhakrishnan said to charge a husband for abatement of suicide, the prosecution must establish that the wife's suicide was a direct result of the extra-marital affair.

"Prosecution has to establish beyond reasonable doubt that the deceased committed suicide and the accused abetted the commission of suicide. But for the alleged extra-marital relationship, which if proved, could be illegal and immoral, nothing has been brought out by the prosecution to show that the accused had provoked, incited or induced the wife to commit suicide," the court said.
"We have on facts found that, at best, the relationship of A-1 (the husband) and A-2 (the other woman) was a one-sided love affair. The accused might have developed some liking towards A-2, his colleague, (but) all the same, the facts disclose that A-1 had discharged his marital obligations towards the deceased. There is no evidence of physical or mental torture demanding dowry," the court said.

Referring to the wife's suicide note, the bench said, "On reading the suicide note, one can infer that the deceased was so possessive of her husband, and was always under emotional stress that she might lose her husband. Too much of possessiveness could also lead to serious emotional stress, over and above the fact that she had one abortion and her daughter died after few days of birth."

Just for a moment if the case had been reverse, like a Husband suicide with a suspect that his wife had relationship with other men at office, will a case will be registered against the women?

      Sorry to say the answer is a Big No , as neither 498A or IPC497 applicable for Women. LAW commission had asked to make the adultery crime for both gender , but our LAW makers had not taken any action and NCW even further go ahead with amended in CRPC125 , that a women should get maintenance from husband in spite it had been proved she was living in adultery, as they changed the word "Lived in adultery" to "Living in adultery".         

Means a women can lived in adultery, husband proved in court , but after few months she can come back and say , now I am not living in adultery and claim maintenance under CRPC125 again.  

For Indian men, it does not matter, irrespective the allegation is true or false, not only you, your mother, sister, age old father will be thrown out of your own house under DV act, just one line complain by your wife.   

But some of our media Journalist are so possessive for any judgments in favor of men they also can't digest and as soon as the judgment passed they write :

Adultery is not cruelty, Supreme Court says. Times of India.

They twist the fact that SC said passiveness of a wife for Husband and without any evidence of adultery of husband can't be a ground for Cruelty.

If they had not Possessive against men , then they must have highlighted how a men had suffered in wrong 498A cases as his wife was possessive against him  without any evidence.

Merely being "intimate" with another woman is not sufficient ground for a man to be held guilty of inflicting cruelty on his wife on the charge of failing to discharge his marital obligations, the Supreme Court ruled on. 





If a Husband had done adultery the same is Punishable as per IPC497 , but how can the same can be a crime when there is no evidence of his wrong doing or ill-treatment of wife under 498A?

Yes the great law 498A is there where you can book any TOM/DICK or Harry and even lower court/high court convect you on mere assumption a crime which You had never done.

So, the question arise who is more possessive  a wife against her husband or media Journalist against men?

Every Men in India are under high risk of #Fakecases at Home, Office, Road due to multiple anti-Men #Unfairlaw - which became Blackmailing/Extortion Tool. To survive or #FightBack knowledge is Key. Law is not any rocket Science. Buy & start Read Law Books Now!

#CrimeByWomen : A Women grab via @ShaadiDotCom 1st Husband -1crs, 2nd Husband- 45 L & 3rd Husband dumped- run away to US . It will never termed as #Dowry case & no girls family member be jailed. @NCWIndia head @sharmarekha prefer to ignore #Golddiggers https://t.co/XaPzRtJw1X

— SwarupSarkar (@swarup1972) August 8, 2020