The Constitution of India guarantees equality and non-discrimination on the basis of gender through various provisions. The key provisions related to gender equality are:
- Article 14 – Equality before the law:
- This article ensures that “the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.” It mandates that every individual, regardless of their gender, should be treated equally before the law.
- Article 15 – Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth:
- This article prohibits discrimination on the basis of sex, among other factors. It means that the State cannot discriminate against individuals on the basis of gender in matters of public employment, education, or access to services.
- However, the article also allows for affirmative action or special provisions for women and children, which is intended to promote gender equality and provide for their welfare.
These constitutional provisions serve as the foundation for gender equality in India. The judiciary has also played a crucial role in interpreting as per Judges own beliefs and Interest these provisions and expanding the scope of gender equality, often striking down discriminatory practices and laws as per constitution and imposed feminists ideologies.
In India, adultery was historically considered a criminal offense under Section 497 of the Indian Penal Code (IPC). However, in a landmark judgment in 2018, the Supreme Court of India decriminalized adultery for both men and women. The court ruled that Section 497 was unconstitutional as it violated the right to equality and was discriminatory towards women.
Prior to this ruling, Section 497 made adultery a punishable offense for men, but women were not directly punished under this law. Instead, the law focused on prosecuting the man involved in the adulterous act. The Supreme Court, in its decision, emphasized that the law was patriarchal and treated women as property, which was unjust and unfair.
As a result of the 2018 ruling, adultery is no longer a criminal offense in India for either men or women, though it may still be grounds for civil actions such as divorce in family law matters.
To summarize, adultery is not a punishable offense for women in India following the 2018 Supreme Court decision. So Court and Judges can make their Judgments violating Constitution, favoring Women.
In another case, The Supreme Court of India, while hearing a divorce plea, came down heavily on a man for recording private conversations with his wife for years and using them as evidence in court. Evidence is Evidence, no matter how old and how it acquired, but when Man try to prove himself Innocent with evidence of Wife/Woman’s extra marital Affairs, Wrong doings, As per Indian Feminists courts and Kangaroo courts that’s not valid.
The court will examine the applicability of Section 122 of the Indian Evidence Act, which protects communications between married couples. Under this section, a spouse is generally barred from revealing such conversations unless the evidence is submitted in a legal dispute between the spouses.
Key points of Section 122:
- Confidential Communication: It protects confidential communications made during the course of the marriage, ensuring that neither spouse can be compelled to reveal such private information in court.
- Spousal Privilege: The communication between a married couple is considered privileged, meaning the law recognizes the importance of preserving marital privacy and does not force a spouse to disclose sensitive or confidential discussions.
- Consent Required for Disclosure: The section allows for such communication to be disclosed in court only if the other spouse gives consent. Without the consent of the spouse who made the communication, it cannot be presented as evidence in court.
Limitations and Clarifications:
- The provision does not cover every type of communication within the marriage. It is specific to communications made during the course of the marriage that are considered confidential.
- The law aims to preserve the privacy and trust in a marital relationship by ensuring that sensitive communications are not exposed without consent.
This provision, while not directly addressing privacy in a broad sense, protects marital confidentiality and ensures that spouses’ communications remain private within the legal framework of the Indian Evidence Act.
If Women submit the same that’s Valid, but Man should not produce anything which make Women guilty. that’s how Indian Courts, Protecting Adulators Women, Promoting extra marital Affairs in Marriage in Violation of Constitution of a Banana Republic.
Reference Judgments : Whether the court can refuse to admit tape-recorded evidence produced by the husband if it is infringing the privacy of wife?
Whether quarrelsome talk of wife can be proved through admission of CD in evidence?
Audio conversation recorded by husband without wife’s consent or without her knowledge, can be received in evidence?
Madras HC: Privacy as a Fundamental right includes spousal privacy also and evidence obtained by invading this right is inadmissible
Whether the husband can seek production of call details of third party to prove adultery of his wife?
Can the family court direct, upon the wife’s request, the production of hotel details and call details of her husband to prove his adultery, or can the husband claim the right to privacy?