Adultery: Legal Position, Arguments For & Against Criminalization of Adultery

Adultery, defined as consensual sexual intercourse between a married person and someone who is not their spouse, has been a controversial and often contentious issue across various cultures and legal systems. Thus, this topic, 'Adultery,' tends to discuss the social implications, legal consequences, as well as its moral grounds, particularly concerning its past and present legal treatment.

This is a very relevant topic for the General Studies Paper II of the UPSC exam, specially falling under the subject Polity and Governance. Understanding the intricacies of adultery law, the arguments surrounding its criminalization, and significant judicial pronouncements are crucial for comprehending broader issues of gender equality, legal reform, and human rights in India.

Adultery Meaning

Adultery is a voluntary sexual relationship between a married person and any person other than his or her legal spouse. In the traditional view, it has always been treated as a sin and violation of marital vow. Different legal systems across the world have dealt with adultery in various ways. It raises very complex questions about personal freedom, privacy, and marital sanctity.

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Legal Position of Adultery in India

Historically, adultery has been criminalized in many legal systems, including India. The Indian legal framework defined adultery as an offense under Section 497 of the IPC. However, over the years, this legal stand has undergone drastic changes, particularly after landmark judicial judgments reevaluating the legality of adultery in the country.

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Is Adultery a Crime in India?

Since the judgment is delivered by the Supreme Court of India in the year 2018, adultery does not come under the purview of crime in India. The landmark judgement was held in the case of Joseph Shine v. Union of India. In this judgment, Section 497 of the IPC was struck down because it regarded adultery as a criminal offense. Thus, the court said that adultery can be a ground for divorce but must not be regarded as a criminal offense.

Arguments in Favour of Criminalising Adultery

Proponents of criminalizing adultery argue on several grounds:

• Moral and Social Order: Adultery violates the moral and social order of society because it goes against the institution of marriage and family.
• Deterrence: Criminalizing adultery serves to deter people from entering into extramarital affairs.
• Protection of Marriage: Legal prohibition of adultery may thus be said to guard not only the sanctity of marriage but also the rights of the spouse.
• Victim Compensation: The criminalization of adultery affords opportunities to the aggrieved spouse to gain relief through redress for injury and compensation for injuries sustained.

Arguments Against Criminalising Adultery

It can be said that criminalizing adultery has been criticized on following grounds:

• Violation of Privacy: Something which is basically a private affair of a consenting adult infringes the right of privacy.
• Gender Bias: It is always biased towards women law that has hitherto criminalized adultery - women were considered to be the property of their husbands.
• Inefficiency in Law Enforcement: Policing private consensual relationships is found to be impracticable and a wrong use of judicial resources.
• Contemporary Perspectives: In contemporary societies, personal liberty and sexual autonomy are highly valued. Criminalization of adultery is considered very outdated.

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Recommendations of the Parliamentary Committee on Adultery

The Malimath Committee on Criminal Justice Reforms 2003 floated the concept of many criminal laws being reconsidered in terms of effectiveness and pertinence. Adultery was one such concern suggested to be kept on the criminal law statute books but in a gender-neutral form; however, it did not find its way into legislation more due to the fact that time had simply come to change perception on the issue of personal freedoms vis-à-vis equality of genders.

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Supreme Court’s Ruling on Adultery

The Supreme Court of India delivered a landmark judgment in the case of Joseph Shine v. Union of India in the year 2018 by declaring Section 497 of the IPC unconstitutional, which thereby decriminalized adultery. The court held that:

• Violation of Article 14: Section 497 violated the right to equality, as it made different treatment for men and women, thereby making men punishable for adultery.
• Violation of Article 21: The section violated the right of privacy and personal liberty as the wife is treated as a wife by the husband.
• Modern Values: This judgment follows modern values related to individual autonomy, equality, and liberty and depicts an advanced view related to marital relationship.

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Conclusion

Adultery is a concept which combines the social, cultural, and legal dimensions and continues to stir a lot of arguments and debate. This Supreme Court judgment to decriminalize adultery is a landmark judgment in the history of India's law. It reinforced the principles of personal liberty, equality, and modern marital values. For the UPSC aspirants, understanding the nuances of this issue, the legal precedents, and the ongoing societal implications is important for the formulation of informed perspectives on governance, human rights, and judicial reforms. Changes in discourse about adultery reflect other social and legal changes towards bringing the system to greater justice and equitability.

We hope your doubts regarding the topic have been addressed after going through the above article. Testbook offers good quality preparation material for different competitive examinations. Succeed in your UPSC IAS exam preparations by downloading the Testbook App here!