Decriminalization of Adultery by the Supreme Court of India: An Analysis from Gender Perspective
Keywords:
adultery, decimilization, constitution, supreme courtAbstract
The one and half centuries old statutory provision of adultery, as define under section 497
IPC, 1860 seeks to punish only men for adultery and treats women involved in the crime as
victims. It also provides for criminal sanction against a man for having sexual intercourse with
someone else’s wife without her husband’s consent. In the present age the meanings of gender
and sexuality have undergone a lot of change and women are being treated equally with men.
The relationship, position and status of the wife within the family have undergone radical
changes. The relationship between the two is no more that of master and servant. Women are no
more considered the property of their husband. Both are equal in eye of law and equality is the
governing parameter over them. On 27th September the Supreme Court in its judgment in Joseph
Shine’s case, striking down Section 497, declared that it is unconstitutional, as it violates Articles
14, 15 and 21 of the Constitution.
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