 |
| Puspita Akter |
In recent times, Extramarital affairs imposed a
significant threat because they increased the divorce rate in Bangladesh and
domestic violence. A survey in 2022 by the Bangladesh Bureau of Statistics
(BBS) disclosed that the primary reason for divorce is extramarital affairs.
Also, the reason for increasing domestic violence is extramarital affairs. It
can be shown from the case State vs Azam Reza 62 DLR
(2010) 399, where Azam Reza killed his
wife, Joyanti Munshi because he had extramarital affairs with an actress named
Afsana Mimi. Before that, their relationship was good. It shows how
extramarital affairs can ruin anyone's married life, even sometimes anyone's
life. So, this article will argue that extramarital affairs should be legally
penalized in Bangladesh.
Adultery is a criminal offence under section 497 of
the Penal Code, 1860. However, this section only held the man accountable and
treated the wife as property. Section 497 of the Penal Code states that,
“Whoever has sexual
intercourse with a person who is and whom he knows or has reason to believe to
be the wife of another man, without the consent or connivance of that man, such
sexual intercourse not amounting to the offence of rape, is guilty of the
offence of adultery, and shall be punished with imprisonment of either
description for a term which may extend to five years, or with fine, or with
both. In such case, the wife shall not be punished as an abettor.”
The language of the section highlights that there is
no remedy for a wife if the husband commits adultery or extramarital affairs.
Instead, it treats the women as the property of the man. So, this section
violates Article 28 of the Constitution of the People’s Republic of Bangladesh,
where it was mentioned that the state shall not discriminate against any
citizen on grounds of sex; also, women shall have equal rights to men.
Bangladesh is a constitutional supremacy country, and if any other laws
contradict the constitution, the constitution shall prevail. The loopholes
between the Penal Code and the Constitution increased the crime rates in
Bangladesh. In 2018, the Supreme Court of India decriminalized adultery because
of the language of the section by the judgment of the case Joseph Shine vs
Union of India. In light of the case decision, the question can be raised
about the necessity and relevancy of section 497 of the Penal Code 1860 of
Bangladesh. The reason is that India and Bangladesh followed similar sections
of adultery. Where the Supreme Court of India decriminalized adultery for the
absence of direct criminal consequences, Bangladesh should follow that same
decision to prevent domestic violence and decrease the divorce rate. As there
are no direct criminal consequences for women, there are some civil remedies
such as divorce, maintenance, and dower under section 5 of the Family Court
Ordinance, 2023.
Bangladesh is rooted in traditional and religious
values, so marriage is considered a sacred bond. Extramarital affairs
contribute to broken families, and children from broken families suffer from
poor education, emotional distress, and social stigma. When there is no
criminal remedy for women after divorce, a woman who is not a working woman, it
is difficult for her to maintain the child.
Though child maintenance can be claimed by civil proceedings, most women
from rural areas do not know about it, and if they are aware of it, they do not
claim it because of their self-respect. Most of the time, husbands are
unwilling to pay maintenance. It is the suffering of the women and children,
and the root cause of this suffering is extramarital affairs.
Therefore, to address this issue, Bangladesh should
consider implementing legal reforms that penalize extramarital affairs. So, to
prevent this situation, A gender-neutral law should be introduced, and it shall
be held accountable both partners for engaging in extramarital affairs. The
criminalization of adultery should be direct. One spouse could file a case
against another spouse if that spouse committed adultery. In conclusion,
extramarital affairs disrupt family harmony and challenge moral values. Also,
it increased the rate of domestic violence and divorce. To prevent this, the
law about adultery should be reformed, which will ensure the equality of the
partners. Also, this section is contradictory to the Constitution. So, that
section should be reformed to ensure justice.
Author:
Puspita Akter
Student
of East West University, Department of Law