I am trying to document the list of laws in India that have a bias against women.
For example, Section 498A of the IPC which is an anti-dowry law. However, this section has an important role to play even the case of adultery. Section 497 can be applied only if a man (who is a husband) has a sexual relationship with a woman married to someone else. In case, a husband has a relationship with an unmarried woman, section 498A can be invoked on only on the grounds of cruelty.
There are some glaring irregularities in the adultery law as per the IPC.
The offender is always the man who sleeps with a married woman. What happens if the married woman does not disclose the fact that she is married? Even in such cases, she cannot be prosecuted. Also, if the woman’s husband sleeps with another unmarried woman, it is not considered to be adultery!
This might be seen as a positive discrimination. However, the wife is treated like a property of the man! While the Supreme Court has acknowledged the fact that the law is discriminatory, the Government has to now act to change the law.
In fact, the Supreme Court of India has flagged the gender disparity that seems to be the fundamental principle on which the law is based on.
