Why Was Adultery Unconstitutional
- IJLLR Journal
- Jun 24
- 1 min read
Akshat Shrivastava, Babasaheb Bhimrao Ambedkar University, Lucknow
ABSTRACT
This article explores the constitutionality of Section 497, IPC and its inclusion into the penal code. Firstly, the article explains why the provision was added into the penal code despite not being a part of the first draft of IPC under Macaulay and explores the reasoning behind penalizing only men and not women. The article then explains how the provision discriminated against women by explaining its application in four different cases – adultery by wife, adultery by husband with a married woman, adultery by husband with permission of the husband of the married woman, and adultery by husband with unmarried woman. Further, the article analyzes the constitutionality of the provisions in light of the decision rendered by the Supreme Court in Joseph Shine vs. Union of India. The article also analyzes the interpretation of this provision by the Supreme Court of India in different cases until it got struck down in the Joseph Shine case.
Keywords: Adultery, Section 497, Joseph shine, chattel of men, Dignity of women, Sexual autonomy, Section 198 CrPC.
