Crime Of Adultery
Source: Indian Express
GS II: Governance
Overview
- News in Brief
- Gender-Neutral Adultery Laws
Why in the News?
The Bharatiya Nyaya Sanhita (BNS), 2023, which is meant to replace the Indian Penal Code (IPC), 1860, has the recommendation of the Parliamentary Committee on Home Affairs to bring back adultery as a crime.
News in Brief
- Adultery was classified as a criminal offence under IPC Section 497 before 2018, which exclusively punished men with jail time or a fine.
- But in the 2018 case of Joseph Shine v. Union of India, the Supreme Court unanimously declared that Section 497 was unconstitutional due to discriminatory practices and a breach of fundamental constitutional rights.
Gender-Neutral Adultery Laws
Committee’s Recommendation for Gender-Neutral Adultery Laws
- The 350-page BNS, 2023 report from the House panel was approved on November 10.
- It suggests that adultery be made a crime again, but that the punishment for it should be equal for men and women.
- The Committee argues that Indian society must protect the institution of marriage’s sacredness.
Challenges and Constitutional Concerns
- In 2018, the Supreme Court ruled that Section 497 was unconstitutional due to discriminatory practices, blatant arbitrariness, and infringement on fundamental rights to equality, nondiscrimination, and life.
- The court rejected the notion that husbands had legal dominance over their wives and instead placed an emphasis on the liberty and dignity of women.
- If adultery were considered a criminal offence, the ruling cautioned against the extreme invasion of privacy inside the matrimonial domain, proposing that it should be grounds for divorce.
Supreme Court’s Ruling and Legislative Limitations
- The Supreme Court’s ruling to invalidate Section 497 is still enforceable, and Parliament is unable to directly override it.
- The Committee’s recommendation, however, suggests that the foundation for the court’s ruling might be removed by passing new legislation.
- The Supreme Court made it clear in the Madras Bar Association v. Union of India (2021) case that validating legislation might be passed to correct flaws identified in a verdict, making it both prospective and retroactive if the changed status existed before the court’s decision.
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