Adultery is defined as voluntary sexual intercourse between a married person and someone other than their spouse. In India, adultery is a criminal offense under Section 497 of the Indian Penal Code. This law states that a man who has sexual intercourse with a woman 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, is guilty of the offense of adultery. If found guilty, the man can be punished with imprisonment for a term which may extend to five years, or with fine, or with both.
However, this law has been the subject of much controversy and debate in India. Many argue that it is discriminatory against men, as it only punishes the man for committing adultery and not the woman. In fact, in 2018, the Supreme Court of India struck down this law as being unconstitutional, stating that it was "manifestly arbitrary" and treated women as "chattel" or property. The court also noted that the law did not take into account the fact that in many cases, the woman may also be a victim of the offense.
In addition to the legal consequences of adultery, it also has significant social and personal consequences. Adultery can lead to the breakdown of trust and emotional damage within a marriage, leading to divorce and the dissolution of a family. It can also lead to social ostracization, as it is often seen as a taboo and a violation of cultural and religious norms in India.
However, it is important to note that adultery is not the only factor that can lead to the breakdown of a marriage. There may be other underlying issues such as communication problems, lack of emotional intimacy, or differing values and goals that contribute to the breakdown of a relationship. Therefore, it is important for individuals to address and resolve these issues within their marriage before resorting to extramarital affairs.
In conclusion, adultery is a complex and controversial issue in India, both legally and socially. While it is considered a criminal offense under Indian law, the law has been deemed unconstitutional due to its discrimination against men. Adultery can also have significant personal and social consequences, leading to the breakdown of trust and relationships. It is important for individuals to address and resolve any issues within their marriage before resorting to extramarital affairs.
Adultery In India
Union of India UOI and Ors. The Centre has cited this judgment in its 2018-affidavit to back Section 497 of the IPC. Retrieved 30 September 2018. However, courts usually do away with the necessity to prove adultery beyond reasonable doubt since such standard of proof can be difficult to get in personal relationships. And therefore, it is not violative of Articles 14 and 15, respectively. Section 497 of IPC is no more an offence. Every religion follows its own views and objectives.
Adultery Laws in India : Is it still crime in India?
Adultery is considered as a criminal offence is numerous nations. It was not possible to obtain a divorce through civil courts, which refused to invade into the jurisdiction of the church. We have so many technological tools at our disposal through these we can easily access any information or reach anyplace virtually. Thinking of adultery as a criminal offence is a retrograde step. If the entire provision is scanned being Argus-eyed, we notice that on the one hand, it protects a woman and on the other, it does not protect the other woman.
Essentially, the selective application of criminal punishment on man committing adultery and the bar on woman to bring charges against her husband for committing adultery was together held as violative of Right to Equality, Right against Discrimination, and Right to Life. Gente Diversa de Baja California. In 2018, a five-judge SC bench unanimously struck down Section 497 of IPC after holding it to be violative of Articles 14, 15, and 21 of the Constitution of India. What are the valid pieces of evidence for proving adultery in India? An earlier order declared that adultery was no longer a criminal offence under the Indian penal code. Thinking of adultery from the point of view of criminality would be a retrograde step. The law of adultery does not give rights to the other wife, whose husband has done the act of adultery.
He contended that the law is discriminatory. Retrieved 21 October 2014. Different scenarios may arise, and living together is not the only way out. It has to get struck down. Till recently, the Indian Penal Code, 1860 recognized Adultery as a ground of punishment. Adultery according to religion India is a country known for its unity in diversity. In England, adultery has always been a civil wrong, and not a penal offence.
However, in the Article 15 Prohibition of discrimination on grounds of religion, race, Caste, sex or place of birth. Our country still has to cover a long way in order to eradicate discrimination and to ensure gender equality. Retrieved 9 April 2016. SC should reinstate IPC 497 as Cognizable Offence with equal rights to women. October 10, 2017:Joseph Shine, petitioner, filed a plea in Supreme Court challenging the constitutional validity. The legal position of matrimonial wrongs underwent a significant change with the passing of the Matrimonial Causes Act, 1857 in England. Recently, the Top Court ruled that the 150-year-old law on adultery is unconstitutional, which treats husbands as masters of their wives.
Retrieved 2 August 2012. To make laws for punishing the inconstancy of the wife while the law admits the privilege of the husband to fill his zenana with women, is a course which we are most reluctant to adopt. What Evidence Can a Wife or Husband provide in Court? Y Chandrachud in the regards of sexual freedom says that taking freedom from woman to explore her sexuality is against Article 21 of the Indian Constitution which is the concept of the right to privacy, dignity and personal liberty. Â Since time immemorial it is considered to be a sin not only on the religious or legal ground but on the spiritual ground as well. Retrieved May 29, 2020.
However, this was a gender specific law as it was selectively applicable only on the man committing the adulterous act with wife of another. Indubitably, she can take civil action but the husband is also entitled to take civil action. Bracton states that husbands wielded power over their wives, being their rulers and custodians of their property. Union of India and Anr In this case, the court held that the contemplation of the law, evidently, is that the wife, who is involved in an illicit relationship with another man, is a victim and not the author of the crime. The offence and the deeming definition of an aggrieved person, as we find, is absolutely and manifestly arbitrary as it does not even appear to be rational and it can be stated with emphasis that it confers a licence on the husband to deal with the wife as he likes which is extremely excessive and disproportionate.
Adultery is not only a crime in India but also a valid ground for It is regarded as illegal in some countries and certain laws have been passed to keep a check over adultery. This view of the apex changed after a PIL was filed before it in the case of Joseph Shine vs Union Of India on 27 September 2018. Some countries have also criminalized Adultery, that is, it can invoke punishment under penal laws. UOI, 1985 Adultery as a ground of divorce Supreme Court suggested that adultery could be a ground of divorce and carry civil penalties, but not a criminal offence. But certain exceptions to it are, the president of India, state governors, Public servants, Judges, Foreign diplomats, etc. Retrieved 30 May 2020.
