ABSTRACT
This paper explores the evolution, controversies, and recent reforms pertaining to adultery laws in India. Adultery, historically viewed through a moral and societal lens, was criminalized under Section 497 of the Indian Penal Code, a law that underwent minimal amendments since its inception during British colonial rule. The law was criticized for being archaic, gender-biased, and reflecting patriarchal notions. Significant legal challenges and debates highlighted its inconsistencies with constitutional principles of equality and personal autonomy.
The landmark Supreme Court decision in Joseph Shine v. Union of India in 2018 struck down Section 497, declaring it unconstitutional and discriminatory. This decision marked a pivotal moment in India’s legal landscape, emphasizing individual autonomy and gender equality. The paper discusses the aftermath of this ruling, including public reactions, legislative responses, and societal implications. It examines the impact on marital dynamics, legal precedents, and ongoing debates surrounding the decriminalization of adultery.
Furthermore, the paper analyses the legislative reforms that followed, including amendments to divorce laws and broader implications for matrimonial disputes. It explores the evolving perceptions of fidelity, privacy, and personal relationships in contemporary Indian society. Lastly, it provides insights into future directions for legal reforms concerning adultery and related social issues, considering broader implications for gender justice and individual rights in India’s evolving legal framework.