Decriminalization Of Adultery In India

Abstract

Adultery is defined in general as the act of a married person having sexual relation with someone who is not legally their wife. Adultery was criminalised under Section 497 of the Indian Penal Code. Adultery is an affront to a husband's right of control over his
wife. A man who violates the sacredness of marriage commits a misdemeanour. This is a peculiar and unlawful deed. The Supreme Court has found that restricting the class of wrongdoers to males alone when charging adultery does not constitute a violation of
the class of wrongdoers. The Supreme Court previously determined that Section 497 of the Indian Penal Code did not violate Article 21 of the Indian Constitution1. However, the Supreme Court recently declared the adultery statute as invalid that deems the man
to be his wife's master. It diminishes a lady's dignity. The Court determined that the woman's husband was not her master. Section 497 of the IPC is manifestly and completely arbitrary and unreasonable in that it grants an unconstrained, very unjust husband unlimited authority over his wife. This article aims at understanding the various aspects for which adultery is been decriminalized in India and the scope for the new trends within the legislation.