SAGAR CHANDRAKAR,DR. I. NAGMANI DESHLAHRE
DOI: https://doi.org/The legal treatment of adultery has undergone a significant transformation across jurisdictions, reflecting changing constitutional values, societal attitudes, and perceptions of marriage and individual autonomy. While several countries have completely decriminalised adultery, others continue to recognise it as a criminal offence, either in its traditional form or through gender-neutral statutory provisions. In India, the Hon’ble Supreme Court’s decision in Joseph Shine v. Union of India declared Section 497 of the Indian Penal Code unconstitutional on the ground that it was founded upon patriarchal assumptions and violated the constitutional guarantees of equality, dignity, and personal liberty. Although the judgment successfully removed a discriminatory provision, it also left unanswered the broader question of whether the complete decriminalisation of adultery represents the most appropriate legal response for a society where marriage continues to enjoy considerable social and legal significance.
This article undertakes a comparative analysis of adultery laws across selected jurisdictions to examine the diverse legislative approaches adopted towards marital infidelity. By analysing countries that have retained criminal sanctions, those that have abolished adultery as a criminal offence, and those that have adopted gender-neutral legal frameworks, the study seeks to identify principles that may guide future legal reform in India. Rather than advocating a return to the erstwhile Section 497, the article explores whether constitutional concerns can be addressed through a carefully designed, gender-neutral legislative model that respects individual autonomy while acknowledging the legitimate societal interest in protecting the institution of marriage.
Adopting a doctrinal and comparative research methodology, the study examines constitutional jurisprudence, statutory provisions, judicial decisions, and reform reports from India and other jurisdictions. It argues that the debate on adultery should move beyond the binary choice between criminalisation and decriminalisation towards a more nuanced framework that harmonises constitutional values with the evolving realities of family life. The article concludes by proposing guiding principles for a constitutionally sustainable and gender-neutral adultery law that may assist future legislative reform under the Bharatiya Nyaya Sanhita.
