DECRIMINALIZATION OF ADULTERY

DECRIMINALIZATION OF ADULTERY

Author:- Mallela Sridivya, a Student of SVKM’s Narsee Monjee Institute of Management Studies, Bengaluru (School of Law)

INTRODUCTION

The act of having intercourse with someone other than one's spouse while still married, known as adultery, has long been a source of moral, social, and legal controversy. Many communities have seen adultery as a serious crime that should be punished severely, often with jail and public humiliation, throughout history. The conventional beliefs that criminalizing such behavior is essential or justified have been challenged by a growing movement in recent years to decriminalize adultery.

Decriminalizing adultery entails eliminating the legal sanctions connected to it, which might differ from nation to nation. This change in viewpoint recognizes how marriage, personal relationships, and individual rights have evolved in the modern day. The argument over decriminalization is impacted by shifting cultural standards, the acceptance of individual liberty, and the need to update legal systems to reflect modern ideals.

HISTORY AND BACKGROUND

Up until the Supreme Court decriminalized it in 2018, adultery remained a crime punishable solely by adulterous males under the Indian Penal Code. The rule, which was established in 1860, was founded on the idea that a woman loses her identity after becoming married. A man might have received up to five years in jail, a fine, or both under Section 497 of the Indian Penal Code for engaging in consenting sexual activity with another man's wife without that husband's knowledge or agreement. However, women were not subject to prosecution. In its ruling, the Supreme Court ruled that Section 497 was unconstitutional and that it violated a woman's right to dignity by punishing adultery in a patriarchal, antiquated, and unfair manner. 

CASE: JOSEPH SHINE v. UNION OF INDIA 2018 

A significant court decision in India that decriminalized adultery was Joseph Shine v. Union of India. An adultery offence under Section 497 of the IPC read with Section 198(2) of the Criminal Procedure Code, 1973, was challenged in a public interest lawsuit under Article 32 of the Constitution by Joseph Shine, a non-resident Keralite. Because it contravened Articles 14, 15, and 21 of the Constitution, the Supreme Court invalidated Section 497 of the IPC. Section 497 IPC was unanimously invalidated by the court. Four of the Bench's decisions were in agreement. The main goal of this petition was to protect Indian women from being treated as their husbands' property. The ruling invalidates all previous rulings that supported the prosecution of adultery. With this ruling, adultery is no longer a criminal offence and is now simply a basis for civil wrongs.

CONCLUSION

Adultery has been decriminalized in India, which has been a historic decision and a major step towards attaining gender equality. Adultery will no longer be a crime in India. A man who participates in sexual activity with another person's wife is guilty of adultery, according to Section 497 of the Indian Penal Code, which made the crime illegal. The maximum sentence for adultery offences was five years in jail, although women were not subject to this punishment. In contrast, the Supreme Court of India decriminalized adultery in 2018 after ruling that Section 497 was unconstitutional, capricious, prejudiced, patriarchal, and an antiquated law that violated a woman's right to dignity. The Court made it clear that although adultery is no longer a crime, it is however a ground for divorce.

REFERENCES

Joseph Shine v. Union of India (2019) 3 SCC 39, AIR 2018 SC 4898

https://www.legalserviceindia.com/legal/article-3127-joseph-shine-v-s-union-of-india.html

https://bnblegal.com/article/decriminalization-of-adultery-and-its-aftermath/

https://www.jlsrjournal.in/critical-study-of-decriminalisation-of-adultery-in-india-by-sidrah-jami/