Changing Dimension of Adultery: An Overview
Author(s): Santosh Kumar Tiwari, Tejasve Raj Tyagi
Publication #: 2404062
Date of Publication: 02.02.2023
Country: India
Pages: 1-5
Published In: Volume 9 Issue 1 February-2023
Abstract
Adultery, which refers to a consensual sexual relationship between a married person and someone who is not their spouse, has been a contentious issue in India. In 2018, the Indian Supreme Court declared Section 497 of the Indian Penal Code, which criminalized adultery, unconstitutional and struck it down. This decision was seen as a significant step towards gender equality, as the law only punished men for committing adultery, treating women as the property of their husbands. Despite the legal changes, societal attitudes towards adultery remain deeply conservative in India. Adultery is still widely stigmatized, particularly for women, who may face social ostracism, violence, or even honor killings if they engage in extramarital affairs. The burden of upholding marital fidelity continues to fall disproportionately on women, who are expected to remain faithful to their husbands, regardless of their own desires. There are also economic and legal ramifications of adultery in India. In divorce proceedings, adultery can be used as evidence of marital misconduct and may affect the division of property, alimony, and child custody arrangements. Furthermore, some companies have policies that prohibit employees from engaging in extramarital affairs, which can lead to termination of employment. Overall, while the legal landscape around adultery has changed in India, societal attitudes and cultural norms continue to uphold the sanctity of marriage and penalize those who deviate from it.
Keywords: Adultery, Voluntary Sexual Intercourse, Sexual Relations, Manusmṛiti, Offence, Personal Liberty, Right to Privacy, Divorce, Maintenance
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