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Adultery is Not a Crime Anymore in India


Adultery is not a crime anymore.
A big news is coming today, Supreme court of india on Thursday struck down as unconstitutional section 497 of Indian penal code(IPC).
Adultery is no longer a crime, Supereme court rules.

What is adultery law?

According to section 497 of the IPC a married man can be punished for the offence of adultery if he had sexual relations with a married woman, without the consent or connivance of her husband.
But now sexual intercourse does not amount offence to rape with wife of another person without his consent.

Why does supereme court took a decision on it?

Sexual privacy is an individual right. Everyone have his or her personal choice to do what they want. Bounding adultery to offence is like giving punishment if someone is seeking happiness from somewhere else.
But still a person can go to court and can file for divorce. And if in case of adultery a person commits suicide due to his partner action, then the culprit could be proceeded against criminal offence.

India is now on the line of many countries like China, Japan, Brazil and many other European countries where adultery is no longer a criminal offence.

CJI Deepak Mishra had said, Making adultery a crime is retrograde and would mean punishing unhappy people. Any law which dents individual dignity and equity of women in a civilized society invites the wrath of constitution.
I think Supereme Court decision is justifiable. Its definitely unfair to have a relation or affair behind your partner’s back but what does that relation means if you have to go somewhere else for the happiness you’re are seeking.

Justice chandrachud took a broader view and said,” This court has recognisee sexual privacy as a natural right, protected under the Constitution. To shackle the sexual freedom of a woman and allow the criminalisation of consensual relationship is denial of this right. Section 497 denuded a married woman of her agency and identity, employing force of law to preserve a patriarchal conception of marriage which is at odds with constitutional morality.

Your comments are highly welcome. Thank you.

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