The adultery law, previously abolished by the Supreme Court, may be on the brink of a comeback. However, this time it could return with additional provisions that aim to address previous criticisms and adapt to contemporary societal norms.
The adultery law, formerly recognized as a crime under Section 497 of the Indian Penal Code (IPC), was struck down by the Supreme Court in 2018. The court ruled that “adultery cannot and should not be a crime”, emphasising that any legal provision impacting the dignity and equality of women was in violation of the Constitution.
Despite its decriminalisation, adultery continues to be a ground for divorce, with numerous cases involving adultery surfacing in various courts. This highlights the ongoing relevance and contentious nature of this issue within Indian society.
Now, a parliamentary committee is reportedly considering recommending the reintroduction of the adultery law. However, it would come with a significant change – a gender-neutral provision. This means that the law would apply equally to men, women, and transgender individuals, marking a departure from its previous incarnation which was criticised for being gender-biased.
The committee’s draft report suggests that the government should explore the inclusion of this gender-neutral provision for criminalising adultery. This move could potentially address previous criticisms regarding gender bias and contribute to creating a more equitable legal framework.
However, it remains to be seen how these changes will be received by society and whether they will effectively address the complex issues surrounding adultery. As we await further developments, this potential comeback of the adultery law certainly promises to ignite important discussions about gender equality and justice in India.
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