Title: The modern trend to decriminalise adultery: a critical study

Authors: Shradha Chauhan; Lakshmi Priya Vinjamuri

Addresses: Law College Dehradun, Uttaranchal University Dehradun, Uttarakhand, India ' Law College Dehradun, Uttaranchal University Dehradun, Uttarakhand, India

Abstract: Adultery is when you have sexual relations with someone who is not your husband. Adultery was considered a criminal offence under Section 497 of the Indian Penal Code. On September 27, 2018, however, the Supreme Court ruled that the 158-year-old law was unconstitutional. As a result, adultery is no longer a punishable offence in India. Adultery is forbidden in many religions, including Hinduism and Christianity. Many people in society were opposed to the decriminalisation of adultery because they believe marriage is not something to be despised. It will also allow adulterous relationships to play more freely. However, Deepak Misra, a former Chief Justice of India, stated that although adultery is no more a criminal offense, it is nonetheless grounds for divorce. By dismissing down Section 497 of the Indian Penal Code, the Supreme Court promised the country that no one can stop women from achieving their dignity and independence. In the end, the research work throw light on decriminalising adultery in the modern society along with some judicial pronouncement regarding the topic and including the conclusion.

Keywords: adultery; marriage; criminal offence; decriminalising; divorce.

DOI: 10.1504/IJHRCS.2023.133760

International Journal of Human Rights and Constitutional Studies, 2023 Vol.10 No.4, pp.367 - 374

Received: 26 May 2022
Accepted: 27 May 2022
Published online: 03 Oct 2023 *

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