Kahksha Sindhwani, Amity Law School, Noida
ABSTRACT
The main purpose of this paper is to analyze Section 497 of Indian Penal Code which states that Adultery is a criminal offence which punishes an outsider who have illicit sexual relationship with a woman who is married to another man. It also discusses about the present scenario of Adultery which provides that it is no longer a criminal offence, but merely a matter of civil wrong i.e. the ground for the dissolution of marriage and judicial separation. The initial segment of this paper provides about the concept of Adultery, what is the origin and Development of adultery and it’s ingredients. The second part of this segment discuss about the Jurisprudential analysis of Adultery and Law Commission report & recommendation for the provision of Adultery in India. The third part of this paper talks about the judgement of Apex Court Prior to Joseph Shrine case which are - Sowmithri Vishnu V. Union of India, Vishnu Revathi v. Union of India and Y Abdul Aziz v. State of Bombay case. The fourth part discusses the criticism of the earlier Judgments of Apex court prior to Joseph Shrine case challenging the constitutional validity of Article 14,15 and 21 of the Indian Constitution. The fifth part of this paper talks about the Joseph Shrine case which includes the facts , contention Raised by petitioner, contention raised by Respondent and judgment of the top court which states that adultery is no longer a criminal wrong as it is violative of Part III of the Indian constitution.
The final chapter examines the analysis and conclusion of adultery which includes observations and analysis in favour or against the decriminalisation of adultery in India.
Keywords: Adultery, Constitutional Validity, Indian Penal Code, Indian Constitution, Gender equality
