Abstract
Adultery generally refers to a married individual indulging in sexual intercourse with someone who is not their legal spouse. According to Section 497 of the Indian Penal Code, adultery used to be considered a criminal act and was seen as an infringement on a husband's authority over his wife. A man who violates the sacredness of marriage commits a crime. The discussion in this research article is basically focused on how the Decriminalisation of Adultery represents a significant shift in how legal systems address personal and moral issues. This article examines the issues around the implication of this change in society from multiple perspectives. The following article investigates the enhancement of personal freedom by preventing state intrusion into private relationships, promotes gender equality by addressing historical biases, refocuses legal resources on more serious crimes, and acknowledges that adultery does not inherently cause legal harm. The article also revolves around the contrary side of the issue that removing criminal penalties for adultery could erode societal values and institutions, undermine traditional norms, and potentially lead to misuse in certain contexts. Thus, the Supreme Court previously held that it was not an equal protection violation to limit adultery offenses in California solely to males. The Supreme Court had earlier held that Section 497 of the Indian Penal Code is not at all violative Article 21, Constitutional remedy. The Supreme Court in a recent judgement, however, struck down that adultery statute saying it treated the man as his wife's master.
Keywords
Adultery, sexual relation, decriminalize, Indian Penal Code, Section 497
Introduction
Sexual relation with another individual, Written in English as "adultery", Based on the Latin which means “ Adulterium” but what it actually implies? Adultery: Consensual sexual intercourse between a married person and any other except the spouse, with or without his/her consent. It is also referred to as having consensual sexual relations with someone other than one's husband, the arrangement occurring outside of marriage. “Section 497 of the Indian Penal Code, 1860 and Section 198(2) CrPC were declared to be unconstitutional by a five judge bench of Supreme Court constituted in India,” Adultery under IPC, 1860 and Prosecution of Weddings & Other Ceremonies (under CrPC, 1973) Sections involved were mainly Section-497 Indian Penal Code of the year 186 as well as its counterpart i.e., Section -198 Criminal Procedure Code of the year. The penalties were awarded under this section (sec, 497 of the Indian Penal Code,1860) which may also be extended to life imprisonment five years, or with fine, or with both.
Under this section wife was not punishable even as an abettor. The foremost ingredients of the crime to be tried under section 497 of the IPC were:-
Person must committed sexual intercourse with the wife of another man;
The person must have knowledge or has reason to believe that the woman is another man’s wife;
Husband has not given consent or connivance for sexual intercourse;
Such sexual intercourse not amount to offence of rape;
Woman’s consent or willingness is not an excuse for the crime of adultery.
“Under section 497 of the Indian Penal Code, 1860 woman was not considered even as an abettor and probably the rationale behind not punishing the woman was that patriarchal perspective of seeing the woman as she is the property of the husband and also there was no remedy available to the wife if her husband commits adultery because this section (section 497 of the Indian Penal Code, 1860) only talks about punishing the other man who has Yusuf Abdul Aziz V/s the case, some aggressive actors towards the female gender underwent the following actions: In State of Bombay AIR 1954, it was stated and declared that section 497 of IPC-1880 is constitutional and under the consideration of reasonable classification in terms of gender biasness and Women and children’s Special provision can be made by the State (not unconstitutional) as per article 15(3) of the Constitution.” One of a few legal areas in which family law has evolved is with regard to adultery. In history, adultery suffered highly involuntary penalties such as capital punishment amputation and torture in general. Adultery is also a major sin and moral breach, according to religious texts like the Hammurabi Code, the Bible's Ten Commandments (Exodus 20:14), and the Quran. According to the Hindu Dharma, it is a sin, while in Christian doctrine it is also declared a sinful act. Adultery was deleted from the Indian Penal Code by Lord Macaulay, who headed the Indian Law Commission in the 19th century, with him calling it a private matter. The tide was turned in the case of Joseph Shine v. Union of India where the Supreme Court decriminalized adultery within Indian boundaries. The judgment represented a departure from treating adultery as the commission of an offence instead viewing it in its private realm. Adultery is one of the wrongdoings that many legal systems adopt a more lenient approach to by resorting to minimal punishment and increasingly confidential justice despite its moral nature mentioned historically in religion.
This research aims to review the impact of the decision of the Supreme Court of India and how it is going to affect the society. This will further address the effects and the further due course of this subject.
Literature Review
Joseph Shine vs Union Of India on 27 September, 2018
In Joseph Shine v. Union of India (2018), the Supreme Court of India decriminalized adultery, overturning Section 497 of the Indian Penal Code. The court ruled that this provision, which criminalized adultery and penalized men for having affairs with married women, was unconstitutional and discriminatory. It argued that the law violated fundamental rights to equality and privacy, reinforcing outdated gender biases. This landmark judgment marked a significant shift from viewing adultery as a criminal offense to recognizing it as a private matter, aligning Indian law with contemporary human rights and personal freedom standards. Furthermore, this decision has been widely criticized on the ground that it paved a way for people to commit adultery without any fear. Extra marital sex is more common in larger cities where people are moving towards westernization. There has been an increase in adultery since its decriminalization. Males have claimed that now there is lack of surety if the bloodline is pure or not. Many claim that recommendations from Law Commissions should have been accepted by the parliament in order to punish men and women both equally for adultery. The Supreme Court has also been criticized that they should have let parliament take decisions on adultery according to the changing social environment.
Yusuf Abdul v. State of Bombay 1954
In an Indian case of Yusuf Abdul v. State of Bombay (1954)The Supreme Court’s discussion was about the constitutional validity of Section 497 of the Indian Penal Code that outlawed adultery by making it a criminal offence provided a man had an affair with a married woman. This section applied to Yusuf Abdul, the appellant. The principal legal issue was whether section 497 was unconstitutional pursuant to the equality clause and the right to liberty provisions of the Constitution. The Court affirmed the constitutional status of Section 497 on the grounds that it was a rational reasonable restriction to the law. As I mentioned earlier it held that the provision was meant to prevent infidelity in an attempt to preserve the institution of marriage and the family unit. The judgment presented a societal and legal framework of that period and came from a legal/theoretical framework of which adultery was considered as a major social/transgression. However, the ruling was highly criticized since it upheld gender bias in as much as it governs and criminalizes only the male partner and not the female. This aspect of Section 497 was later on a case called Joseph Shine v. Union of India (2018), thus being decriminalized. The facts of the Yusuf Abdul case are useful to understand the former attitudes to adultery, and how the Indian law changed with reference to gender equality and personality’s privacy.
Revathi v. Union of India 1988
The ruling of the Hon’ble Supreme Court in Revathi Vs Union of India 1988 is a landmark ruling in Indian Family Law especially when dealing with the provisions of section 125 of the Criminal Procedure Code(CrPC). This provision postulates on the payment of maintenance by a husband to his wife and the children if they cannot fend for themselves. In this case, Revathi was to argue that the provision was unconstitutional in how it was applied specifically with regards to the husband’s maintenance. The Court also affirmed the constitutional legitimacy of the provision insisting that it was meant to guard against destitution and provide for immediate assistance. However, it also recognised a balanced approach towards it, as to how it can be misused, then it also suggested having a fair assessment of the financial capacity of the husband. This decision emphasized the ideas of women and children’s rights and husbands’ unreasonable burden and difficulty for the other lower courts to make a fair and reasonable maintenance order. It still remains an important case law with regard to the development of the family law in India and shows that concern for justice and the need for leaving legal provisions for their operation in society remain an ongoing process.
Methodology
The approach employed for the study is the qualitative and doctrinal approach which has been employed in the study in an attempt to explain the analysis of the legal matters governing the amended legislation. For evaluating the critical content of the article, it is possible to point to the following issues for which the act of adultery that was considered a crime in India for the last 158 years has been decriminalized. Thus, utilizing the primary and the secondary sources such as Criminal legislations, cases and books the analysis within the article is made. It explores the relations between legislation and water pollution in the context of research in more detail. Therefore based on the conducting of the study of constitutional provisions dealing with foreign treaties and the effect it has on Municipalities. laws the alteration of those legislation has been discussed quite a lot. On this issue, there are international treaties, bilateral treaties and other documents. For example, ministerial briefs, text sections, commission papers, peer-reviewed articles and case studies were included.
Results
The decriminalization of adultery has yielded significant results in both legal and social spheres, reflecting a profound shift in the approach to marital infidelity and personal freedom.
Legal Outcomes
Judicial Precedents: The judgment in Joseph Shine v. Union of India (2018) can be remembered as one of the significant legal changes that would help to address sexual injustice because of abolishing Section 497 of the Indian Penal Code. It has been followed in other jurisdictions leading to similar changes in other laws that were earlier providing that certain personal issues are criminal.
Legislative Reforms: After the Supreme Court verdict, many legislative assemblies have re-visited such laws, planning amendments according to the modern concept of individual liberty and women’s rights. For that reason, while some of the countries with similar legislation have recently followed the trend toward decriminalization of adultery, there is this movement internationally.
Impact on Family Law: With decriminalization of adultery there has been changes in the family law practices. The Justice Courts that have been established are more oriented on mediation and counselling than being punitive with the intention of trying to solve the source of the conflict within marriages. This change has resulted into a shift in the style common in the handling of family issues that are more corrective rather than punitive.
Social Implications
Changing Societal Norms: Decriminalization has also played a part in changing people’s perception on matters of marriage and adultery. Immature relationships there is a growing tolerance to the concept and structures of polyamory and personal sovereignty. Various polls and research shows that there has been a rising trend of people who believe that individuals should be free from criminal prosecution when it comes to their relations.
Gender Equality: Some of the discriminating factors have presented positive change especially for the female gender. When the adultery laws were enforced there were cases where one gender or the other is most affected, with the decriminalization, biasness has been eliminated. The reversals mentioned above have been supported by the women’s rights organizations as well as gender equality activists.
Public Discourse and Awareness: The decriminalization has led to vigorous debates regarding the novelty of rights of privacy, freedom and state interference. Developing new socio-political consciousness regarding the state and its functions in a regulation of relations between people has certainly contributed to the growth of the informed populace.
Conclusion
This article has revolved around the issue that the legalisation of adultery demonstrates a significant and complex change to both legal and social perception to private and personal matters and freedom. This has been uniquely evidenced by the recent judgment of the Indian Supreme Court in Joseph Shine v. Union of India 2018 which has made a radical shift in approaching issues of marital infidelity within the legal domain and consequently within the societal construct and personal freedom. On one hand, legislating marriage has led to negative changes in couple relationships and infidelity. Therefore, the traditional views seeking to regulate personal conduct through criminal sanctions are outdated and even regarded as intrusive by today's people. The results of public opinion surveys and studies show that people increasingly accept different types of relationships and believe that personal choices, including those related to marital fidelity, should be governed by mutual respect, not legal mandates. This transformation is part of a major shift in the society which is moving towards supporting personal autonomy and maintaining privacy, thus reinforcing contemporary views on human rights and individual freedoms. Another point is, with the removal of criminal sanctions, a more equitable and gender-sensitive legal environment has been created. In fact, adultery laws had established stereotypes that were in favour of gender and they mostly affected women who were oppressed by the patriarchal norms. The inequalities that were addressed by this decriminalization have promoted gender justice and contributed to a more balanced legal approach. This change has been welcomed by advocates for women's rights and gender equality, who view it as a significant step towards dismantling discriminatory legal structures.
References
1.Dr. Balasaheb Sonajirao Garje. (2020). AN ASSESSMENT OF STATUS OF PERSONAL LAWS IN INDIAN CONSTITUTION. PalArch’s Journal of Archaeology of Egypt / Egyptology, 17(5), 1617-1624. Retrieved from https://archives.palarch.nl/index.php/jae/article/view/7693
2.Dr. Shailender Singh. (2020). CONCEPTUAL FRAMEWORK RIGHTS OF SEXUAL MINORITIES IN LAW. PalArch’s Journal of Archaeology of Egypt / Egyptology, 17(5), 1641-1648. Retrieved from https://archives.palarch.nl/index.php/jae/article/view/7696
3.Kumar, Dr. J., & Mahajan, Dr. K. (2020). Understanding the Problem of Early Marriage and Its Consequences. Mukt Shabd Journal, (2347-3150).
4.Kala, N. B., and A. Anuradha. "The Social Impact of the Supreme Court Ruling on Adultery in India: An Analysis." IUP Law Review 9.3 (2019).
5.Parveen, G. (2019, November 12). Decriminalisation of Adultery - iPleaders. iPleaders. https://blog.ipleaders.in/decriminalisation-of-adulter/
6.Eastern Book Company - practical lawyer. (n.d.). https://ebc-india.com/lawyer/articles/2001v6a3.htm
7.Joseph Shine vs Union Of India
8.Yusuf Abdul v. State of Bombay
9.Revathi v. Union of India
AUTHOR:
Udit Natu
Dharmashastra National Law University, Jabalpur
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