Why Adultery is No Longer a Crime and Sin in India

Why Adultery is No Longer a Crime and Sin in India

After a recent judgment by Supreme Court in India, adultery is no longer a crime in the country, though it still remains a ground for divorce.

Before this recent judgment, a 158 year old law had it that, any man who has sex with a married woman, without the permission of her husband, was guilty of the criminal act of adultery.

The law dictated that the woman could not be punished as an abettor. Instead, the man was considered to be a seducer. It also did not allow women to file a complaint against an adulterous husband.

A man accused of adultery could be sent to a prison for a maximum of five years, made to pay a fine, or both, but the law has now been struck down by the Supreme Court.

How did the law of Adultery being a criminal offence get struck down in India?

Last August, Joseph Shine, a 41-year-old Indian businessman living in Italy, challenged the 158 year old law saying it was arbitrary and discriminated against men and women. He petitioned the Supreme Court to strike down the law.

His petition read;

Married women are not a special case for the purpose of prosecution for adultery. They are not in any way situated differently than men.

Mr Shine added that the law also “indirectly discriminates against women by holding an erroneous presumption that women are the property of men”.

However, India’s ruling BJP government had opposed the petition, insisting that adultery should remain a criminal offence.

The colonial-era law was struck down by the Supreme Court, making it the second colonial-era law to be struck down this month, the first being the law that criminalized gay sex.

While reading out the judgment on adultery, Chief Justice Dipak Misra said that while it could be grounds for civil issues like divorce, “it cannot be a criminal offence”.

Why Adultery is No Longer a Crime and Sin in India