Constitutional Morality in Decriminalizing the Adultery in India: A probe through the grounds for a new law

Abstract

The abuse that “the judiciary of our democratic system is violating the guidelines kept by the constitution” has its old same as to the age of the constitution. Obviously, the play of judiciary in socio legal implication of new criminal law on the basis of constitutional morality and judicial values could alter the judicial reviews of a long history. Because of the problematic interpretation of section 497 of Indian penal code [the adultery], Five judge bench of supreme court unanimously struck down it as being violative of article 14 and 15. This paper intends to deal with the decriminalization of the adultery and questions the constitutional morality of supreme court decision to struck down the whole law instead of brining any considerable changes. Decriminalization of adultery would badly endanger the institution of marriage in India. Decriminalization will give license to the married parties to set up an extra marital affair. The divorce cases would increase with such extramarital affairs, which would badly affect the institution of marriage and most significantly it affects the future of their children or the citizens of the country.