Understanding Adultery in a Post S. 377 World: A Socio-Legal Approach

Namrata Bhowmik
Symbiosis Law School Hyderabad, India.
Naman Anand
Rajiv Gandhi National University of Law, Punjab, India.

Volume III, Issue VI, 2020

The complex yet age-old human custom of marriage has been an ancient tradition. Marriage, love and human relationships have always been complicated yet debatable issues that need not share a direct bonding with each other. With the changing times, each of these notions have evolved a lot and are no longer exclusively personal issues.

While the episode of Goddess Seeta’s Agnipariksha stands as one of the most legendary instances of a wife having to prove her sanctity and chastity, the concepts of marriage and legitimate relationships have undergone a great deal of changes, for instance, the acceptance of the LGBTQ community, have not only changed the ideas of personal relationships, but have also wrecked a positive social havoc.

Adultery on the other hand is no new concept given the functioning of the older societies. In those terms, polygamy have been used several times to conceal what we today know as adultery, but there arise several pertinent questions like, “why does such a phenomenon takes place?”, “what provokes such a thing to happen?” or if it is just a chance-based incident then what should be the ways of dealing with such an occurrence. However, the decriminalisation of Section 377 has been a very recent breakthrough in the recent times which further urges one to ask that can such a change cause any changes in the notions of adultery.

Given such questions, it can be clearly observed that adultery can be approached from a legal, a social as well as a psychological perspective, which is also the main aim of this paper with the prime focus on both marriage as well as adultery.

Keywords: adultery, marriage, homosexuality, psychology, legal perspective

DOI: http://doi.one/10.1732/IJLMH.25103