Indias top court says adultery no longer criminal offense

A significant development in India!

On September 27, 2018, the Supreme Court of India struck down a colonial-era law that criminalized adultery, ruling that it is no longer a criminal offense. The court declared that the law, which was enacted by the British in 1860, was unconstitutional and violated the fundamental rights of individuals.

The law, Section 497 of the Indian Penal Code, made it a criminal offense for a man to have sexual relations with a married woman without the consent of her husband. The law was widely criticized for being discriminatory and patriarchal, as it only targeted men and did not criminalize the sexual infidelity of women.

The petition to strike down the law was filed by Joseph Shine, a Kerala-based man who was accused of adultery by his wife's relatives. Shine argued that the law was unconstitutional and violated his fundamental rights, including the right to equality and the right to privacy.

In its judgment, the Supreme Court held that the law was "arbitrary, irrational, and violative of the fundamental rights of equality and privacy." The court also noted that the law was based on outdated social norms and was not in line with modern societal values.

The court's decision is seen as a significant victory for women's rights and gender equality in India. It is also a major step towards decriminalizing consensual sexual relationships between adults, regardless of their marital status.

The judgment has been widely welcomed by women's rights activists, lawyers, and civil society organizations, who have long campaigned for the repeal of the law. However, some conservative groups have expressed disappointment and concern over the decision, arguing that it will lead to a breakdown of traditional family values.

Overall, the Supreme Court's decision is a significant milestone in India's journey towards greater gender equality and a more progressive society.