Critiquing Adultery and Its Aspects
The main aim behind the paper is to understand the concept of adultery and the challenges it pertains constitutionally and its present effect on today’s law and society at large. Through this paper a light is also thrown on the understanding of adultery and its components, the various objections raised against it , stance taken by the court and challenging the criminality of adultery.
The section 497 of IPC, dealing with the concept of adultery has been a controversial section in India. It’s been subject to various debates and controversies. India had progressed and simultaneously undergone many social changes, but adultery has remained in its primitive form since its codification through second amendment
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In such case the wife shall not be punishable as an abettor.” While we go along understanding the concept of adultery, first and foremost enquiry should be done on by undertaking the various components of this section. The essential components of this section are that, there must be a sexual intercourse with the consent of the wife ;the person indulging in the sexual intercourse should have the knowledge or could reasonably foresee that the woman is married to another man and the only the husband of the wife can complain of the act if the act had taken place without his consent. The wife in the given case cannot be punished for the …show more content…
First ever discussion regarding the constitutional validity of this section took place in the case of Yusuf Abdul Aziz v The State of Bombay and Husseinbhoy Laljee. This case was in critique of Section 14 and 15 of the Indian constitution..The Supreme court held , “Article 14 is general provision and should be read keeping in mind the other provisions which sets out exceptions to fundamental rights. Sex is a sound classification and Article 15 (3) provides for the exceptions to the women and children. The petitioners argued that this clause is made only for the beneficial of the women and not for giving license for committing or abetting crime. However, the Court held that they cannot see any restrictions as such; nor they agree that the section tantamount to a licence to commit the offence of which punishment has been prohibited. The Court finally held that Article 14 and 15 when “read together validate the impugned clause in section 497 of the Indian Penal
Thus, the Act provides that Indians tried under its principles shall be tried in the same courts and the same manner as other people. Arguments Error in Charges. The petitioner was not charged with assault resulting in bodily injury as provided for in the Major Crimes Act. Instead, he was charged with an assault whose intent was to cause serious bodily injury.
The Supreme court ruled that Section 181 of the Criminal Code intersects section 2(b) of the Charter of Rights and Freedoms which guarantees the right to freedom of expression as long as the expression is not violent. They defined that the booklet that he created was not violent and allowed under the concept of freedom of expression as the form is different from the content in this scenario thus, the allegation made did not apply. The court found that section 181's attempt to censor all expressions unjustifiable since many acceptable expressions could fit that description. According to analysis, section 181 was a reasonable limit on freedom of expression in a free and democratic society. In the end, majority of the Supreme Court held that section 181 of the Criminal Code was unconstitutional and therefore, his conviction was overturned even though this is not what most wanted, the situation was dealt in this matter due to the
How Love Becomes Your Enemy If a man was accused of adultery, would that be a strong reason to accuse him of witchcraft? Should his name be proven guilty all over the town or should they let him keep his name? The town of Salem was confused, lost, and were strong followers. Everyone believed the possessed, but what would’ve happened if they believed the accused?
The case made it a law that juveniles had the rights guaranteed to them by the fourteenth
A person (D) is guilty of this offence if he intentionally penetrates the vagina, anus or mouth of another person (V) with his penis and V does not consent to the penetration and D does not reasonably believe that V consents. Since rape is restricted to penile penetration it can only be committed by a man on a woman or another man and can only be dealt with in the crown court and any person guilty of this offence can be imprisoned for life. Rape can also happen when the victim cannot physically give consent, such as whilst she was drunk, passed out or high. Rape can also happen when the victim cannot legally give consent, such as if she is underage. Sections 75 and 76 apply to an offence under this section.
Arguing that the prohibition of abortion is a violation of the 14th amendment as well as the 4th, 5th, & 9th amendments each including the right to privacy, this trial went on for decades and still is a big debate today. It is one the most well known popular cases known in history. The Supreme Court’s Roe v. Wade drastically impacted United States history because it improved the health and safety
In Saskatchewan (Human Rights Commission) v. Whatcott the courts were faced with several conflicting interests concerning the fundamental rights of free speech, a core value of our democratic society. The respondent was upset that the four flyers contained discriminatory messages directed at a protected group and filled a complaint stating that those flyers contravene with section 14(1)(b) of The Saskatchewan Human Rights Codes (Saskatchewan (Human Rights Commission) v. Whatcott, 2013). The Appellant (The Saskatchewan Human Rights Commission) decided to appeal stating that section 14(1)(b) was a violation of section 2 of the Charter. The courts were then forced that ask themselves two questions, does section 14(1)(b) violate section 2 of the Charter and subsequently, if so, can section 1 of the Charter save section 14(1)(b). The subsequent paragraphs will discuss how the courts
This case, known as R v. Morgentaler, was a major turning point towards the liberalization of abortion legislation. Morgentaler argued that section 251 of the Criminal Code created unequal cross-country access to safe, legal abortions and was a violation of the “life, liberty and security of the person” outlined in section 7 of the Charter. The court’s decision was split 5-2 with the majority assenting to Morgentaler’s claims. Justices Brian Dickson and Antonio Lamer’s reasoning concluded that, “[f]orcing a woman, by threat of criminal sanction, to carry a fetus to term unless she meets certain criteria unrelated to her own priorities and aspirations, is a profound interference with a woman’s body and thus a violation of security of the person.” As such, the ruling of this case struck down the existing abortion law as unconstitutional and redefined abortion as a healthcare issue.
Hester in the scarlet letter and the adulteress from John 8 are very alike. They both committed Adultery, otherwise understood as voluntary intercourse including a married man or woman and a man or woman that is not the others spouse. Both of these women’s communitiesacknowledged their sin. And both if these women felt condemned by their sin. Their similarities are very evident, their differences however must be explored.
Also, reworded from law 129, when a wife was caught cheating, she got drowned after being tied to the man she cheated with. Men would not normally be punished if they were unfaithful to their wives however. This rule and most other ones are extremely bias, making the code even more unfair.
One of the most shameful actions among celebrities done by Tiger Woods who cheated his wife Elin Nordergen. He was in the middle of scandal after 'The National Enquirer' announced that he had a relationship in 2009 with hostess Rachel Uchitel. Evidences showed that Woods slept with 19 hostesses during his marriage with Nordegren. Woods apologized to Nordergen in public but she refused his apologize which led to divorce in 2010.
In Maxine Hong Kingston story, “No Name Woman” Kingston uses a story of an unnamed woman who was punished of her adultery and died, to reflect the darkness and the corruption of the. My essay will analyze the rhetoric and narration of the article and expound the significance of using technique and story. The story was titled by “No Name Woman” which seem mean nameless. However, nameless is generally use to describe something that is an unknown or name was not given. The woman is not unknown.
However, these transformations have also brought freedoms and tensions as there are also high divorce rates underneath high marriage rates. The contradiction of interests among love, family and freedom has affected the perspective of relationships nowadays and hence people need to recognise their priority of personal
In the said case, the counsel for the appellants tried to argue before the Court of Appeal that the decision in the case Rama Chandran v The Industrial Court of Malaysia & Anor was wrong. Because the court was heard in the Federal Court, the Court of Appeal disagreed. It was also