INTRODUCTION

A couple’s marriage is a holy union. It can also be a life-changing source of immense power, hope, and inspiration. On the other hand, a grace-filled marriage demands endurance, selflessness, adaptability, and a lifetime of honest communication. Because of the Internet and smartphones, information that was once only whispered in whispers now travels through expressive messages and pictures. A few decades back, wife-swapping was like a clandestine underground craze. Certainly not now. Swinging is a form of cheating that is accepted. The concept of guilt-free sex is becoming more popular among Indian couples. In India, wife-swapping is a common procedure that is kept under wraps. Furthermore, you are erroneous if you believe that swinging culture is exclusive to affluent metropolises. The tradition of swapping wives has roots in small towns and lower socioeconomic classes. These days, creating open partnerships that allow for complete freedom and openness is the key to finding marriage joy. Wife switching used to invite “raised eyebrows,” but today it’s seen as a sign of a progressive mindset.

WIFE SWAPPING

temporary wives are swapped between married spouses for sex. Swinging, also referred to as wife swapping, is the consensual exchange of spouses between two couples for sexual pleasure. While some people prefer to swing with well-known couples, others favour strangers. The practise of “swinging,” as it is commonly known, appeals to couples who wish to escape the routine of married life and satisfy their desires and urges sexually without feeling guilty.

HOW SWINGING WORKS

• Get-togethers for a small group of couples.
• The cost of joining a club or group.
• A background check is done before granting approval.
• Husbands are welcomed to special meals when the game’s rules are explained.
• Wives are introduced to the game at their gathering.
• Two days prior to the event, the party’s location is made public.

WIFE SWAPPING IN INDIA

Some men have the dangerous belief that being married gives them unrestricted power over their partners. Due to the fact that it is done with everyone’s consent, wife-swapping is not regarded as a crime in India and is not even against the law. Criminals and their collaborators are subject to the same legal sanctions. The ridiculous distinction between men and women violates Articles 14, 15, and 21 of the Constitution by restricting the category of criminals to men. Males who are married and their conspirators will receive the same punishment. The courts and the government both need to define “permission of the husband” more precisely because wife-swapping is becoming more widespread.

The phrase “consent or connivance” must be eliminated if the law is modified to punish both husbands and wives for adultery. The Kerala Police recently uncovered a spouse-swapping ring. Police cracked down on the groups when a young housewife filed a complaint against her husband for allegedly forcing her to have group sex and earning money in exchange for it for the previous three and a half years. The search is on for additional sex ring participants.

The cyber group monitors social media sites that support the “sex trade” in the state. A tort defence known as volenti non-fit injuria allows a person who has committed a wrong to escape responsibility because the victim of the wrong gave his approval to the wrong’s commission. For this defence to be effective in court, the victim’s assent must be free. The defence used in a wife-swapping case is the husband’s consent.

WHY WOMEN GIVE CONSENT?

The main contributing factor that has been recognised is economic dependence. Women who are unable to support themselves financially are forced to remain in abusive circumstances and are unable to leave them. Due to strongly rooted cultural and societal ideals, women dislike the possibility of separation or divorce. They show a wish to avoid the shame of being classified as battered women as well as fear of the consequences of reporting abuse. Due to a lack of knowledge about options, women are additionally compelled to suffer in silence within the confines of their homes. Other women choose to remain silent about the abuse either out of embarrassment or fear of revenge from their partners if they reveal personal information. There are certain similarities between the practice of wife-swapping and human trafficking. According to women’s rights organisations, many men’s opinions continue to make their wives’ lives unpleasant, and married women should be given support to help them become financially independent. The low socioeconomic standing of their spouses is sometimes exploited by husbands. These men treat the women in their care as if they were slaves or valuable commodities, and they do so.

• PHYSICAL ABUSE:

  Physical abuse is the most obvious form of violence against women. Assault, unjustified force, and criminal intimidation all constitute physical abuse.

• VERBAL AND EMOTIONAL ABUSE:

  Verbal and emotional abuse are both types of violence against women. Verbal abuse includes remarks or threats made by household members to victims of domestic violence. From the perspective of human rights, verbal abuse results in emotional abuse, which is a very common form of domestic violence. A woman experiences psychological abuse when her sense of self-worth is undermined by a combination of verbal and emotional abuse.

• ECONOMIC ABUSE:

  By adding economic abuse to the list of abuses covered by the Domestic Violence Act, the government made a bold move. Economic abuse is the denial or threat of denial of financial resources or assets to the victim and her children.

• Impact on well-being, mental health, and physical health.
• It could be challenging for victims to provide testimony or name the offender.

BARRIERS FOR VICTIMS TO ACCESS HELP

• The victim may be reluctant to seek assistance from the police or other authorities when violence occurs in the course of an ongoing, personal relationship because of shame, stigma, or a fear of reprisals.
• Hold steadfast beliefs in the importance of preserving their marriage or family.
• The worry that the abuser will turn on her or her loved ones.
• The worry that others will judge you.
• Depend on your abusive partner for financial support.
• You reside in a rural area.
• Socially isolate oneself from others.
• Overcome linguistic, cultural, and communication barriers.
• Do not want the abuser to lose their home, go to jail, or get a criminal record.
• Don’t anticipate that calling the police or involving the criminal justice system will put an end to the abuse.
• Lack of confidence in the ability of the police and the criminal justice system to help or protect them.
• Accusations made by victims to police or local authorities are routinely disregarded. The police or municipal authorities may be reluctant to intervene in such situations since they are inclined to stand for conventional norms.

CASE LAWS:

SEEMA ARORA AND OTHERS VS RAJIV ARORA 2008

The petitioner, in this case, argued that because of the respondent and his family members’ mental and physical abuse towards her as a result of the dowry she brought to the marriage and their rejection of the respondent’s brother’s offer of a wife swap, she was forced to leave the matrimonial home.

SUJATHA RAVI KIRAN VS STATE OF KERALA AND ORS ON 12 MAY 2016

The petitioner filed a complaint against her husband and in-laws on April 4, 2013, one year after being married, alleging physical and emotional abuse. She also accused five Navy officers and the wife of one of them of sexually abusing her. The petitioner also raised the claim of a wife swap against this complainant. A case was filed in FIR No. 260 of 2013 for the violations based on her complaint.

SUGGESTION

Human rights are violated by wife exchanging. Wife swapping constitutes a violation of several fundamental rights protected by international law, including the rights to life and physical integrity as well as the prohibition against torture and other cruel, inhumane, or degrading treatment. Regardless of gender, colour, class, or social status, every person has claims against the society in which they reside. These claims are known as human rights. A woman has the same right to live a life free from harm as a man just by virtue of being a human.

• Punishment for wife swapping should be included in Indian criminal law.
• To address these types of crimes against women, states will need to improve their legal frameworks and criminal justice systems.
• As society increasingly adopts a Western culture, appropriate legislative measures should be put in place.
• If it occurs without consent, it should be seen as grounds for divorce.
• States have a responsibility to outlaw violence against women, and they shouldn’t cite a custom, tradition, or religious justification as an alibi.
• In accordance with international law, states are required to take all practical measures to prevent, look into, and punish wife swapping.
• States must develop preventative measures that ensure women are protected from all forms of violence and that they won’t become victims again as a result of laws, enforcement practices, and other efforts that don’t take gender equality into account. States must work to ensure that women who have suffered from these types of crimes, together with their kids, receive specialised assistance, such as rehabilitation, child care and maintenance assistance, therapy, counselling, and health and social services, facilities, and programmes.

CONCLUSION

The consistency of our findings across sites suggests that, if properly created and evaluated, a preventative strategy might be effective in a variety of situations, even though there is no quick answer for decreasing this type of infraction. Initiatives to stop this kind of wife-swapping concept should enlist the commitment and vision of the global community, local governments, and civil society. As emphasised in the current UN Campaign against Violence Against Women, now is the time to act and preventative measures are urgently needed. Women should not wait. Understanding and taking into account the unique dynamics of the violence and the unique vulnerabilities of the victim is necessary for correctly diagnosing and handling these types of instances. When a victim does ask for help, there must be a prompt and effective legal response that prioritises the protection of the victim and makes sure that victims are treated with compassion. If the accused is not made to answer for his conduct, his sense of authority and power will be strengthened, putting the victim at risk of further violence.