The Indian Supreme Court recently declared two long-standing sections of the Indian Penal Code and the Criminal Procedure Code unconstitutional. These historic laws, in place for over a century, dealt with the criminalization of adultery. The ruling by the five-Judge Bench led by the Chief Justice of India has sparked numerous debates around the concept of individual privacy, equality and gender rights in India.
Unconstitutional Sections 497 and 198
Section 497 of the Indian Penal Code, enacted 158 years ago, criminalized adultery. It was written under the assumption that a man can seduce a woman into an adulterous act, while imposing no such punishment on his wife, presuming she is merely a victim. The law treated the husband as the victim who suffered due to his wife’s extramarital relationship carried out without his consent.
Alongside, Section 198 of the Criminal Procedure Code, also declared unconstitutional, solely permitted the husband to lodge a complaint against a man for the offense of adultery. This law effectively denied an adulterous man’s wife the right to make a similar complaint. Both these laws were heavily criticized for promoting gender inequality.
The Supreme Court’s Observations
The Supreme Court found these sections violative of Article 21 (Right to life and personal liberty) and Article 14 (Right to equality). The court noted that adultery, while potentially grounds for a couple to part ways, should not carry criminal penalties. It further argued that how married couples deal with adultery is a private matter.
The bench dismissed arguments about the abolition of adultery as a crime leading to moral chaos or increased divorces. It crucially stated that any law that negatively impacts women’s dignity and equality incurs the constitution’s wrath and added that marital status should not compromise individual autonomy. The court emphasized that every person should have the liberty to make sexual choices, even within private zones.
Doctrine of Coverture
Section 497 based itself on the Doctrine of Coverture, a law that isn’t recognized by the constitution. This doctrine suggested that a woman loses her identity and legal rights with marriage in violation of her fundamental rights. The court termed this doctrine as regressive and opposed its imposition on women.
Adultery Defined
Adultery is the act of voluntarily engaging in sexual intercourse between a married individual and someone other than their current spouse or partner. It was a punishable offense under Section 497, considering it an act against the will of the husband.
Moving Ahead
The decriminalization of adultery closely followed another landmark Supreme Court judgment that read down Section 377 of the IPC to decriminalize homosexuality. These decisions marked significant progress in fostering diverse gender identities without fear of legal repercussion.
However, refreshing the statute books is increasingly left to the judiciary without Parliament taking on a proactive role. Contemporary society demands the revisiting of outdated laws such as Section 497 or Section 377. The ball is now firmly in the Parliament’s court to undertake its legislative responsibility through extensive debates and discussion, ensuring that India’s laws keep pace with its evolving social dynamics.
