ADULTERY- NO LONGER A CRIMINAL OFFENCE IN INDIA
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Abstract
India being a traditional country, its culture is rich and among the oldest. Indian society has a character of patriarchal system since age old time. Men have always been treated superior to the women. Majority household decisions were taken by the male member of the family be it regarding their daughter or wife. Earlier, women were not given any rights and they were completely dependent on their husbands. This in turn made the society consider them as a ‘personal property’ men can own and control. The offence of adultery is mentioned in section 497 of the Indian Penal Code. It was considered as a criminal offence against husband by another man using his wife as a property of his own. This section says that if a man commits sexual intercourse with a wife of another man, he will be charged with adultery. The offence of adultery permitted only the husband of a woman to complain against the offender but same right was not granted to a wife of the man. This section was scrapped down by the Supreme Court in the case of Joseph Shine Vs. Union of India and was held to be discriminatory as it was violative of article 14, 15 and 21 of the Indian constitution which speaks about liberty and equality in the eyes of law
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