The Criminalization Of Adultery: A Comparative Legal And Constitutional Analysis
- IJLLR Journal
- Mar 13
- 1 min read
Aryan Brijesh, Christ (Deemed to be University), Bangalore
ABSTRACT
The criminalization of adultery is the subject of a comparative legal and constitutional analysis in this research paper, which follows its development in many jurisdictions, such as the US, India, and Islamic nations, from its inception in ancient patriarchal frameworks. It looks at how morality, religion, and the law have historically influenced adultery laws, which disproportionately punish women in order to represent gender inequality. The paper cites important constitutional decisions that question the legality of adultery as a crime on the basis of equality, privacy, and individual liberty, such as Joseph Shine v. Union of India. It delves deeper into criticisms of international human rights, highlighting inconsistencies with agreements such as the ICCPR and CEDAW. The study also discusses current issues brought on by social norm shifts and technology advancements, raising concerns about the applicability and enforcement of current adultery laws. The study concludes by calling for the full decriminalization of adultery and offering legal reforms and civil remedies that uphold human dignity, gender neutrality, and constitutional rights.
Keywords: Adultery, Criminalisation, Constitutional Law, Privacy Rights, Gender Discrimination, Joseph Shine v. Union of India, Human Rights, Equality, CEDAW, ICCPR, Patriarchy, Legal Reform, Comparative Jurisprudence, Marital Morality, Decriminalisation.
