Decriminalisation of Adultery

Abstract

The decisions to criminalize or decriminalize in India do not seem to be based on the established principles in the realm of criminal jurisprudence. It therefore leads to a variety of confusion and most discussion in this regard remain centered around personal opinions and conjectures. In order to test the proposition, this paper focusses on the initiative of the Supreme Court to decriminalize adultery in certain terms. Adultery, said Vladimir Nabokov, “is a most conventional way to rise above the conventional.” It forces one to relook the assumptions surrounding sexual exclusivity as the evil nature associated with adultery mainly arises from regressively traditional ideas of betrayal. But in today’s world, adultery practiced openly, with the consent of all concerned, stands on different footing.

The provision of Adultery as defined under S.497 of the IPC seeks to punish only men for adultery and treats women involved in the crime as victims and defines the offence of Adultery and creates a criminal sanction against a man from having sexual intercourse with someone else’s wife without her husband’s consent. This provision which seeks to morally police the personal marital decisions of the people has continued without any progressive amendments since it was first drafted by Macaulay in 1860. It has long remained under the scanner and efforts have been made for its reconsideration.

Keywords: Adultery