Syllabus: GS1/Social Issues
Context
- Adultery remains in the statute books as a ground for relief in civil cases relating to maintenance and divorce, and as a ground for punishment in the armed forces.
About
- Recently the Madhya Pradesh High Court ruled that evidence of consensual sexual intercourse was necessary to prove adultery as a ground for cancellation of maintenance.
- The ruling effectively restates the legal definition of adultery that has been accepted by the courts in civil proceedings.
What is Adultery?
- Section 497 of the Indian Penal Code, 1860 (IPC), recognised the crime of adultery and provides the accompanying punishment.
- It defined adultery as “whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent of that man, such sexual intercourse is guilty of the offence of adultery”.
- Under it only a man could be prosecuted and punished for committing the crime of adultery.
- For someone to be punished for adultery he must have had sexual intercourse with another man’s wife, without that man’s consent.
- Punishment: It was punishable with up to five years imprisonment and a fine.
Decriminalization of Adultery
- The Supreme Court of India, in the landmark judgment of Joseph Shine v. Union of India (2018),struck down Section 497 IPC, declaring it unconstitutional. The court held that:
- Adultery is a private matter and does not warrant criminal prosecution.
- It violates Article 14 (Right to Equality) and Article 21 (Right to Life and Personal Liberty) of the Constitution.
- Marriage is a personal relationship, and the state should not interfere by imposing criminal liability.
- However, the SC clarified that adultery would remain a moral wrong and could be invoked as a ground in civil proceedings.
- Despite decriminalization in civilian life, adultery is still an offense under the Army Act, 1950, the Navy Act, 1957, and the Air Force Act, 1950. Military personnel can face disciplinary action for adultery under these laws.
Arguments in Favour of Decriminalising of Adultery in India
- Gender Equality: As per the law only men could be prosecuted, decriminalizing it promotes gender equality.
- Personal Autonomy: Criminalizing adultery undermines personal freedom and choice in relationships.
- Encouragement of Healthy Relationships: Decriminalizing adultery shifts the focus from punishment to addressing marital issues and encourages individuals to resolve personal disputes privately instead of using the legal system.
- Overburdening of Legal System: Decriminalizing adultery would reduce the burden on the judicial system, allowing courts to focus on more pressing criminal matters.
Arguments Against Decriminalising of Adultery in India:
- Protecting Marital Integrity: Criminalizing it helps protect the sanctity of marital bonds and discourages actions that undermine relationships.
- Deterrence: The threat of legal consequences may act as a deterrent to infidelity.
- Social and Moral Values: Decriminalizing it could be seen as encouraging behavior that erodes the foundation of family and societal structures.
- Impact on Women: In societies where patriarchy is still prevalent, removing criminal consequences might encourage men to engage in infidelity.
Source: IE
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