Why adultery was declared unconstitutional ?

In a landmark decision, the Supreme Court of India declared adultery unconstitutional in 2018. This historic ruling struck down Section 497 of the Indian Penal Code (IPC), which criminalized adultery and made it a punishable offense only for the man involved. The judgment was a watershed moment in India’s social and legal landscape, upholding the fundamental rights of women and dismantling a provision that had long perpetuated gender inequality.

Prior to the decriminalization of adultery, the law essentially positioned women as the property of their husbands. Only the husband could file a criminal case against the man with whom his wife had committed adultery. This created a double standard where women were not held accountable for their actions, while men faced legal consequences. Moreover, the law failed to recognize women’s autonomy and their right to make their own choices about their personal lives.

The Supreme Court’s decision recognized that adultery is a matter of private morality and should not be a criminal offense. The Court held that Section 497 violated the fundamental right to equality enshrined in Article 14 of the Indian Constitution. It also infringed upon the right to privacy, which is protected under Article 21 of the Constitution.

The decriminalization of adultery has been hailed as a progressive step towards gender equality in India. It signals a shift away from outdated patriarchal notions and towards a more egalitarian society where women are recognized as individuals with equal rights and freedoms.

The decision has also had a positive impact on personal relationships. By removing the threat of criminal prosecution, the law has encouraged couples to address marital issues through open communication and mutual respect.

The decriminalization of adultery is a significant step forward in India’s journey towards a more just and equitable society. It recognizes the dignity and autonomy of women and upholds their fundamental rights. The decision has the potential to reshape gender dynamics within families and contribute to a more harmonious and progressive society.