Supreme Court of India decriminalises adultery leaving the public opinion divided
The five-judge Constitution bench of Supreme Court has scrapped the section 497 of IPC, which deals with the adultery, with many people hailing it as a progressive move while some calling it a threat to the institution of marriage as well as anti-women in nature.
With this unanimous judgement of the Supreme Court, the adultery will no longer be considered a criminal offense. Calling it a violation of article 14 and article 15 the Supreme Court ruled that adultery can be ground for civil issues including dissolution of marriage but it cannot be a criminal offense. The CJI Deepak Mishra said that the adultery is not the cause of an unhappy marriage, but it is the result of unhappy marriage.
The petitioners in the Supreme Court had demanded to bring the neutrality to the Adultery law, as it was patriarchal in its structure and considered women as objects. Those who have welcomed this judgement of the Supreme court argue that the striking down of this law has not only put an end to this discriminatory law but has also opened the window for liberal thoughts.
But with the Supreme Court striking it completely down, many apprehensions have emerged regarding the institution of marriage being diluted and destroyed with the adultery being decriminalized. It is being argued that this verdict is an attack on the Indian ethos and culture thus poses a grave threat to the institution of marriage and family.
The major concern of those who are not pleased with the verdict of Honourable Court is that the verdict may encourage the couples to indulge in extramarital affairs.
Some have even called it anti-women judgement as it leaves the women in a state of complete helplessness if their husbands get into the adultery. This argument can’t be neglected given the fact that India is still a patriarchal society where many women continue to live within the abusive marriage because of the societal tantrums and pressure.
“Can every immoral act or sin (which is subjective) be considered as a crime?” This question has always been a matter of debate in the cases like this when the certain socially constructed immoral acts are found in contravention with the individual’s right and liberty. Having said that, it has to be also decided as to how much is too much.
Currently, I am pursuing B.A(H) Political science from Satyawati College, Delhi University.
I like public speaking, writing and reading in my leisure.
