Adultery as an Offence: Elements and Decriminalization

In monogamous societies, where a nuptial is outlined as an exclusive affiliation between two individuals, adultery is considered as unacceptable. Between the legal and ethical positions of adultery, the issue of whether or not adultery is a crime arises. The following research paper explores the legal and gendered interpretation of adultery, as well as analyses the inferences drawn by the court to abolish adultery as a criminal offence in India. The whole idea of this law was meaningless and it should be limited to be a ground for divorce because state should have no right to control someone’s personal life the law was affecting personal liberty of a man committing Adultery and the woman giving her consent to him, it should be their own choice that who they want as a partner in their life and husband is not the owner of sexuality of a woman. This law encouraged gender biasness and made it look like that wife is answerable to her husband if she is having sexual relation with someone else, decriminalising of adultery was mandatory as the law did not support personal liberty and hence it was a contradicting law. The author have discussed about how it evolved and how it was important to decriminalise adultery as a criminal offence and it should only be limited to being a ground of divorce.