Sonakshi Aggarwal, Vivekanada Institute of Professional Studies (VIPS) affiliated to Guru Gobind Singh Indraprastha University
ABSTRACT
The law changes with time, and several recent decisions have broadened the scope of basic rights to reflect shifting society ideals and expanded individual liberty. In India, adultery is defined by section 497 of the Indian Penal Code (IPC) of 1860. The ruling overturned all previous rulings upholding its criminality. Section 497 came into play several times, and the Supreme Court upheld it until this case, in which it was evident that the 158-year-old Victorian Morality Law against Adultery was unconstitutional. Joseph Shine, a non-resident of Kerala, brought this appeal, questioning the legality of section 497 of the Indian Penal Code.
Adultery is no longer criminal, yet it is still unethical in the eyes of society after this decision. The marriage is built on the trust that each spouse has in the other and here the court righteously refused to interfere in the individuals' personal and moral life. As a result, adultery is now a civil wrong rather than a criminal one. Hence offering legal solution for termination of a matrimonial bond.
