A Critical Study On The Decriminalisation Of Adultery And Its Impact On Family Justice
- IJLLR Journal
- Mar 6
- 2 min read
Sathishkumar R, LL.M, Ph.D., Research Scholar, The Tamil Nadu Dr Ambedkar Law University, Chennai
Tamizhkavi BV, LL.M, Ph.D., Research Scholar, The Tamil Nadu Dr Ambedkar Law University, Chennai
INTRODUCTION:
Human behaviour plays a predominant role in making, executing and adjudicating the law. Laws are generally implemented according to the will of the majority, even though societies continue to be influenced by customs, morals, traditions, and various other theoretical perspectives. This paper aims to critically analyse the major socio- legal issues arising after the decriminalisation of adultery by the Supreme Court, its broader impact on society and ultimately the sanctity of the institution of marriage. There lies a significant distinction between the terms: freedom and liberty, where the former refers to the ability to act or move according to one’s own will, and the latter refers to one’s autonomy, which must be free from external control, which also upholds inherent meaning and reflects the fundamental rights of individuals. One main concern that this article wishes to shed light on is that, while the practice of bigamy remains a punishable criminal offence, prostitution and adultery are increasingly viewed as matters of individual choice or personal liberty. This disparity may create confusion and may also create concerns about moral and legal standards in society, particularly when standard and uniform guidelines are still lacking.
STATEMENT OF PROBLEM:
The research predominantly focuses on the significant legal inconsistency that arose where adultery and prostitution were no longer punishable criminal offences, while bigamy continues to be a criminal offence. Such a position may indirectly trigger individuals to evade responsibilities that arise out of sexual relationships. Modern society increasingly advocates for individual personal autonomy, often expressed through the notion of “my body, my rights”, which has gained widespread acceptance within the legal system; however, the continued criminalisation of bigamy raises serious concerns and prompts critical questions regarding the justification for such restrictions and their inconsistencies between liberty and equality. Previously when adultery was seen as a punishable offence, issues relating to paternity and sexual relationships could be more easily identified through evidentiary mechanisms such as DNA testing, with comparatively minimal concerns regarding the infringement of privacy rights; however, after the decriminalisation of adultery, the continued relevance and operation of Section 116 of the Bharatiya Sakshya Adhiniyam has become increasingly questionable, as the persistence of such provisions despite the shift in criminal law creates legal and social inconsistencies that may potentially result in injustice.
