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Adultery in India: Legal Dynamics-SRIRAM's In-Depth Analysis



  Nov 20, 2023

Legal Position of Adultery in India



Q: What was the legal status of adultery in India prior to 2018?

A: Before 2018, adultery was a criminal offense under Section 497 of the Indian Penal Code, punishable by up to five years in prison, but it only applied to men.

Q: How did the Supreme Court of India rule on adultery in 2018?

A: In 2018, the Supreme Court decriminalized adultery, stating that the law was unconstitutional as it discriminated against women and treated them as property.

Q: What are the current discussions about adultery law in India?

A: There are discussions about reinstating adultery as a criminal offense in a gender-neutral manner, which means both men and women could be held liable.

Q: Why is there a push to reinstate adultery as a crime?

A: Some argue that criminalizing adultery is necessary to protect the sanctity of marriage and the societal fabric.

Q: What are the arguments against criminalizing adultery?

A: Opponents argue that criminalizing adultery infringes on individual autonomy and privacy, and that marital infidelity should be addressed through civil remedies, not criminal law.

Q: Can the Supreme Court’s decision to decriminalize adultery be overturned?

A: The Supreme Court’s ruling is the law of the land. However, it can be challenged if a new law is passed that withstands the test of constitutionality.

Q: What would be the implications if adultery is criminalized again?

A: Re-criminalizing adultery could lead to legal and social complexities, including potential misuse of the law and questions about personal freedoms.

Q: How does the debate on adultery reflect on women’s rights in India?

A: The debate centers around women’s autonomy, equality before law, and challenges the notion of treating women as property within a marriage.


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