Musings From Abroad

Adultery no longer a crime in India

Published

5 years ago

October 2, 2018

Adultery is no longer a crime, India’s Supreme Court has ruled. In doing so, it declared a colonial-era law that punished the offence with jail time unconstitutional and discriminatory against women.

The more than century-old law prescribed that any man who slept with a married woman without her husband’s permission had committed adultery, a crime carrying a five-year prison term.

A petitioner had challenged the court to strike down the law, describing it as arbitrary and discriminatory against women.

“Thinking of adultery from a point of view of criminality is a retrograde step,” unanimously declared the five-judge bench of the Supreme Court.
Women could not file a complaint under the archaic law nor be held liable for adultery themselves, making it solely the realm of men.

The court said it deprived women of dignity and individual choice and “gives license to the husband to use women as a chattel”.

“It disregards the sexual autonomy which every woman possesses and denies agency to a woman in a matrimonial tie,” said Supreme Court Justice D. Y. Chandrachud.

“She is subjugated to the will of her spouse.”

It was the second time this month the court overturned Victorian-era laws governing the sexual choices of India’s 1.25 billion citizens.

Earlier this month, the court struck a ban on gay sex introduced by British rulers in 1861.

The bench argued that Section 377 had become “a weapon for harassment” of homosexuals and “history owes an apology to the members of this community and their families”.

On adultery, government lawyers argued it should remain a crime as it threatens the institution of marriage, and caused harm to children and families.
But in its ruling, the court said extramarital affairs — while still a valid ground for divorce — were a private matter between adults.

In 1954, the court upheld adultery as a crime arguing “it is commonly accepted that it is the man who is the seducer, and not the woman”.

But in their ruling on Thursday, the judges said this narrative no longer applied, noting also that Britain did away with its own laws penalising adultery long ago.

“Man being the seducer and women being the victim no longer exits. Equality is the governing principle of a system. Husband is not the master of the wife,” the verdict added.

Related Topics:adultery India Slam Reports Supreme Court of India

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Musings From Abroad

China supports South Africa on BRICS summit— Report

Published

16 hours ago

June 9, 2023

Ifeoluwa Dada

Local media in China are reporting that the Asian giant will support South Africa to host the BRICS summit later this year.

South Africa has come under diplomatic pleasure following its continued relations with Russia, with the United States alleging recently that it aided Russia with ammunition in the ongoing Ukraine war.

South Africa is under the spotlight as it decides if it would arrest Russian President, Vladimir Putin during his expected visit for the BRICS Summit in August after the International Criminal Court placed a warrant on the European leader.

But with China now backing South Africa’s stance in the international space, particularly in hosting the BRICS summit and in relations with Putin’s expected visit, it may find some courage to rebuff the West.

Chinese President, Xi Jinping is reported to have had a phone conversation with South Africa’s Ramaphosa with assurances communicated.

Musings From Abroad

Italy, Netherlands, EU set to announce aid package for Tunisia

Published

17 hours ago

June 9, 2023

Ifeoluwa Dada

Italian Prime Minister, Giorgia Meloni has said that a fresh aid package to Tunisia would be announced by the European Union alongside her country and the Netherlands on Sunday.

Meloni, who recently ended a visit to Tunisia, will visit again on Sunday with her Dutch counterpart, Mark Rutte and the EU Commission’s Ursula von der Leyen with high hopes.

“It seems to me that important steps forward are being taken,” Meloni said.

There are concerns that the delay with the loan could deepen Tunisia’s financial crisis and escalate migrants’ crisis across the Mediterranean Sea in search of a better life in Europe.

Creditors, which are largely European, want President Kais Saied to accept the terms of financial reforms by the International Monetary Fund (IMF) for its loan which will unlock extra funds in bilateral aid for the country.

Creditors are also refusing to provide Tunisia with long-term budget support unless the IMF agrees to a deal that assures them of repayment of its debts. They have, however, given Tunisia smaller sums to help it purchase food and fuel.

President Saied announced last week that additional taxes would be implemented as a stopgap measure before an expected IMF loan.

Tunisia is in debt to the tune of roughly 80% of its GDP, and the IMF agreed in principle last year to a new loan of nearly $2 billion to help it overcome its severe financial crisis.