Why is it in the news?
- The Parliamentary Standing Committee on Home Affairs proposes amending the Bharatiya Nyaya Sanhita Bill, 2023, to criminalize adultery with a gender-neutral approach.
| Adultery: It is the act of engaging in a sexual relationship with someone other than one’s spouse, violating the exclusivity of a marital relationship. |
Background
- In 2018, the Supreme Court, in Joseph Shine vs Union of India, struck down Section 497 of the IPC, which criminalized adultery, citing discrimination.
- The court clarified that adultery would remain a civil wrong and a valid ground for divorce.
Arguments in Favor of Criminalization
- Parliamentary Committee: Recommends reinstating adultery as a criminal offense to protect the institution of marriage.
- Malimath Committee (2003): Proposed retaining adultery as an offense but on gender-neutral terms.
Arguments Against Criminalization
- Moral Wrong: While adultery is a moral wrong, it may not constitute a wrong against society at large to be within the scope of criminal law.
- Discrimination Towards Unmarried Couples: Gender-neutral laws may still differentiate between married and unmarried couples, creating legal distinctions.
- Law Commission (1971): Some members raised concerns and were inclined to repeal Section 497.
Conclusion
- The Supreme Court’s judgment found Section 497 violative of Articles 14, 15, and 21 of the Constitution, protecting the fundamental rights to equality, non-discrimination, and life.
- The court emphasized that treating adultery as a crime would intrude significantly into the privacy of the matrimonial sphere, suggesting it is better left as a ground for divorce.
