1. What are the grounds for recommending re-criminalization of adultery?
Parliamentary Committee's Reasoning: To safeguard the sanctity of marriage on gender-neutral lines.
Dissenting Views: Opposition MPs argue against raising marriage to a sacramental level and state intrusion into private lives.
2. What did the panel recommend?
Recommendation: Reinstating adultery as a gender-neutral criminal offense.
Committee's View: Emphasis on protecting the institution of marriage.
3. Legislative history of adultery law in India?
Initial Stance by Lord Macaulay: Against penalizing adultery, favoring pecuniary compensation.
IPC Inclusion: Adultery made an offense, penalizing only the male offender.
Law Commission Reports (1971, 156th): Recommended removal of the exemption for women, considering societal changes.
Malimath Committee (2003): Suggested retaining adultery as an offense, but on gender-neutral terms.
4. Why was the earlier adultery law repealed?
Supreme Court Judgment (2018): Struck off adultery from the IPC, treating it as a matter of privacy and not a crime.
PIL by Joseph Shine: Challenged the constitutional validity of adultery law.
Centre's Argument: Diluting adultery would weaken the institution of marriage.
Court's Reasoning: Adultery as a civil wrong, not a crime; respect for individual autonomy and privacy.
5. Can the Supreme Court ruling be overturned?
Parliament's Power: Can overrule judicial rulings by altering the legal basis of the judgment.
Supreme Court's Stance: Validating legislation must cure the defect pointed out in the judgment
