There is a saying- "Nothing sells better than a scandal". And most of the serials on Television in India seem to have taken it rather seriously! Jokes aside, affairs outside marriage are a social subject matter and the law also has taken notice of it. But what is a lot shocking is the discrepancy in the act against bigamy. Bigamy is an unlawful behavior without any doubt but law does not measure it equally among Men and Women! Sad but true. According to Act 497 of the Indian Penal Code, a husband can file a case against another man who has an affair with his wife. For conducting bigamy, he can not file a case against his wife or even get her involved in the case! The man who has an affair with a married woman does not need to know who her husband is and consent to physical contact by a married woman is not enough to let him get acquitted of the crime. If the woman does not consent to physical contact, then it is termed rape but irrespective of the consent or non-consent, extra marital affair with a woman is a crime according to the law. Now see the flip side to this, which is even more intriguing than the other!
If a husband has an affair with another married woman, his wife can not file a case against the other woman! This means, under Act 497, a woman gets protection either way…But this has also created discrimination between a man and a woman. And what is even more appalling is the hidden truth behind all this. That a woman is an "object of ownership" of the man! And it is assumed to be so, if another man makes "use" (feel ashamed to use this term myself) of it, he has every right to ask for punishment. Also the intention of the man to do so could be looked upon with suspicion… whether he wants to punish that man because he feels responsible for his wife or he wants to exercise his right as her owner or wants to give her another chance in life… possibilities could be many.
Women in India are considered a "weaker section" of the society and so deemed dependent. Both mentally, physically and socially and that is why the law does not deem her accused in either case! But the women’s rights organizations have objected to this. They feel it is the right of the woman, whether married or unmarried, to decide whom she must have physical relationship with. And even if under any circumstances she indulges in a physical relationship with another man, the right to punish such a man should not be the prerogative of her husband, as this goes against her freedom of decision. This gives birth to some more questions. Just the same way a husband can propose to punish another man for having physical relationship with his wife, if woman too can punish another woman who has physical relationship with her husband, whose side the women’s rights organizations will take? Wife’s or of the "other woman"? Will they be forced to support the wife, on account of social justice?
The first thing Indian law must do is, stop calling women "weaker section" of the society. This way women will have equal rights. Not only to decide what exactly they want to do but also be on par with men, which to a lot of extent they really are!