Of Courts and Adultery

Read this article in The Times of India a few days ago, thought I’d share it with you guys:


To quote:

“The Gujarat high court has upheld a lower court’s definition of adultery, where it said that a couple of lapses in behaviour, if they are unwitting, cannot be called adultery. However, a singular premeditated act of sexual intercourse by one spouse with another person would be adultery.”

“Had it been a one-night stand and if it arose out of an excusable situation, it would be a lapse.”

What I fail to understand is, how can there ever be an unintentional lapse of loyalty in a relationship (read marriage)? You’re either loyal or you’re not, right? How come adultery of any form is tolerated while love of a particular form (Section 377: Against Homosexuality) is prosecuted? How can one attempt to prove that this supposed “lapse” is unintentional?

What do you think of this?


2 thoughts on “Of Courts and Adultery

  1. An unplanned lapse could be for example because one spouse was drunk; because they just had a fight and one spouse was upset and not acting rationally. the idea is that setting out to commit adultery is different from adultery resulting from a specific and non-recurring (hopefully) set of circumstances. Of course, in both cases the responsibility of the adultery is on the adulterer in my opinion, however the first might conceivably be forgiven while the second probably not.
    As for homosexuality, why a loving relationship between two consenting adults is so controversial in so many places has always been beyond me…

    Liked by 1 person

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