EVOLUTION AND DECRIMINALISATION OF ADULTERY IN INDIA

Author: Arpita Singh Bhadauriya, SHAMBHUNATH INSTITUTE OF LAW

To the point

In today’s India, crime of adultery is increasing day by day. Adultery is like a cheating towards their partners . But now it is decriminalize and considered as civil wrong and is a ground for divorce. Through various cases it shift from criminal to civil offence . This article discuss about adultery, evolution and decriminalization through various cases and considering broader implications for gender justice and right of individual in India.

Abstract

Adultery historically viewed through a moral and societal lens, was criminalized under sec.497 of the Indian Penal Code, a law that underwent minimal amendments since its inception during British colonial rule.

The landmark Supreme Court decisions in Joseph Shine v. Union Of India in 2018 struck down sec. 497 of ipc, declaring its unconstitutional and discriminatory. It explores the evolving perception of fidelity, privacy and personal relationship in contemporary indian society.

Use of Legal jargon

India’s laws against adultery date back to 1860, when the Indian Penal Code, a legal framework that predated the constitution, was created. In this bygone era, women possessed barely any rights in comparison to their husbands and were seen as mere property, representing a centuries-old notion that they were their husbands’ “property.

The Proof

It interesting to note that there was a difficult road ahead before adultery was made a crime under the IPC. The Law Commission of India removed adultery from the list of offenses in the first draft of the Indian Penal Code in 1837. An important figure in the creation of the Indian Penal Code, Lord Macaulay, was adamantly against the inclusion of such a provision in the legislation. His position was a reflection of his conviction that marital adultery should be handled by the society rather than falling within the jurisdiction of the law. However, the Second Law Commission saw things differently. They felt that it was improper to remove the crime of adultery from the Indian Penal Code, given the standing of women in the nation. They contended that harsh measures were required, given the precarious position of women in a society devoid of agency and protection. As a result, adultery was included in the IPC, although under Chapter XX, which deals with offenses related to marriage. This legislative measure was designed to provide women a feeling of security and was purposefully positioned within the heading of marital crimes under Section 497.

Cases laws

The development of adultery laws in India has been significantly impacted by significant court rulings that have addressed the difficult balancing act between individual freedoms, gender parity, and the maintenance of marital integrity.

∙ Yusuf Aziz v. State of Bombay (1954)The legal scrutiny of adultery laws began in earnest with the case of Yusuf Aziz v. State of Bombay in 1951. The petitioners contested Section 497’s validity, arguing that it infringed upon their fundamental rights as guaranteed by Articles 14 and 15 of the Constitution. Their main contention was that Section 497 did not punish women who were in adulterous relationships, so exhibiting gender prejudice. Citing Article 15(3) of the Indian Constitution, the court maintained the legality of Section 497 in its ruling. The court argued that the adultery statute was designed primarily to protect women, who are often the victims of such crimes. Ironically, however, the ruling acknowledged women as victims but denied them the ability to file a complaint under the same provision.

Uncertainty continued after the Yusuf Aziz ruling, giving rise to other court cases like Sowmithri Vishnu v. Union of India in 1985. In this case, the Supreme Court struggled to maintain the sacredness of marriage while guaranteeing gender-neutral applicability. The court decided that in situations of adultery, neither the husband nor the wife should be allowed to file charges against one another in an effort to preserve the institution of marriage.

V. Revathy v. Union of India (1988)

In the above case, the court reinforced the social underpinnings of the adultery law. Coming under the lens of heavy scrutiny in a 2018 landmark judgement ,Joseph Shine v Union of India, Section 497 was heavily criticized, mainly for its gender prejudice and outdated views on marriage.

Conclusion

In the journey from the criminalization of adultery to its recognition as a legitimate ground for seeking dissolution of marriage, the legal landscape in India has undergone a profound metamorphosis. The recognition of adultery as a valid reason for the dissolution of marriage is a testament to the acknowledgment of individuals’ right to self-determination within the institution of marriage. The idea emphasizes how intricately legal, social, and moral factors interact, making careful legal research and public discussion necessary to weigh the possible advantages and disadvantages.

FAQS

What is adultery?

Adultery is defined as a situation in which two people voluntarily engage in a sexual relationship outside of marriage, as opposed to non-consensual crimes such as rape.