Adultery refers to voluntary sexual intercourse between a married person and someone who is not their spouse. It is considered a violation of marital trust and loyalty.
While adultery can be a moral and personal issue, its legal treatment in India has evolved significantly, especially after the 2018 Supreme Court judgment.
🔹 Historical Law on Adultery in India – Section 497 IPC
Earlier, Section 497 of the Indian Penal Code (IPC) treated adultery as a criminal offence. The key points of the old law were:
- Only a man could be punished for adultery.
- A woman could not be punished, even if she was a consenting partner.
- The offence was considered only if the woman was married to someone else.
- The husband of the woman could file a case, but not the wife of the accused man.
🔸 Punishment under Old Law:
- Imprisonment for up to 5 years, or fine, or both.
🔹 Criticism of the Old Law
- Gender Bias: It treated women as property of their husbands.
- Inequality: It excluded women from liability and deprived wives from taking action if their husband committed adultery.
- Violation of Personal Liberty: Criminalizing a consensual act between adults was seen as excessive and unconstitutional.
🔹 Supreme Court Judgment (2018) – Joseph Shine v. Union of India
In September 2018, the Supreme Court of India delivered a landmark verdict in the Joseph Shine case, declaring Section 497 IPC unconstitutional.
Key Observations:
- Adultery can be a civil wrong and ground for divorce, but not a criminal offence.
- The law was discriminatory and arbitrary.
- The state cannot interfere in personal relationships between consenting adults.
- The law violated Articles 14 (equality), 15 (non-discrimination), and 21 (right to life and personal liberty) of the Constitution.
🔹 Current Legal Status of Adultery in India
As of now:
- Adultery is NOT a criminal offence.
- No jail or fine can be imposed under IPC for adultery.
- It is considered a civil matter and can be a valid ground for divorce or judicial separation under personal laws (Hindu, Muslim, Christian, etc.).
🔹 Adultery and Divorce
Although adultery is not punishable under criminal law, it still plays an important role in matrimonial disputes.
Under Hindu Marriage Act:
- Adultery is a valid ground for divorce under Section 13(1)(i).
Under Christian Law:
- Adultery can lead to dissolution of marriage under the Indian Divorce Act.
Under Muslim Law:
- Adultery can be a reason for separation but governed under Muslim Personal Law.
🔹 Conclusion
The decriminalization of adultery in India was a progressive step toward gender equality and personal liberty. While it is no longer a criminal offence, it remains a serious issue in marital relationships and can be a ground for divorce or separation.
The shift from punishment to personal choice reflects India’s evolving view of individual autonomy, dignity, and equality within marriage.
