Critically Analyse Provisions of Adultery in Indian Context

Abstract

Adultery is derived from a French word, about that has evolved from the Latin verb, “adulterium”, means to corrupt[1]. Adultery is defined as the consensual extramarital sexual relationship that is considered objectionable on social, religious and, moral and earlier on the legal grounds as well. Though adultery is decriminalized, it still exists as a delinquent act as it violates social norms which an individual is believed to be followed. Since the last 158 years, it was treated as a crime but after the verdict of Hon’ble Supreme Court in Joseph Shine v. Union of India, adultery is decriminalized and remained merely a civil wrong rather criminal offence. There were two major contentions for the decriminalization of adultery. They were:- This section provided husbands with the right to prosecute their wives’ adulterer while wives were deprived to complain against the adulteress of their husbands. The section was ignorant on the matter of the adulterous act of the husband.