Revisiting the Adultery Law in India

Background of Adultery Law:

• Section 497 of the Indian Penal Code (IPC) criminalized adultery but only penalized men. The law was criticized for treating women as property and being discriminatory.
• 2018: The Supreme Court declared Section 497 unconstitutional, citing violation of fundamental rights and gender discrimination. 

Parliamentary Committee’s Recent Proposal:

• The Parliamentary Committee on Home Affairs proposed reinstating adultery as a crime in the Bharatiya Nyaya Sanhita (BNS), 2023, but in a gender-neutral manner.
• The committee argues for protecting the sanctity of marriage and addressing the discrimination issue by making the law applicable to both genders.

Issues with Re-criminalizing Adultery:

• The Supreme Court’s judgment was based on broader constitutional principles, not just the discriminatory aspect.
• Re-criminalizing adultery, even in a gender-neutral form, may still conflict with the principles of personal autonomy and privacy.
• The Supreme Court’s decision is binding, and any new law contradicting it must address the basis of the judgment.
• A new law must cure the defects identified by the Supreme Court to be constitutionally valid. 

Way Forward: 

• Any attempt to reintroduce adultery as a criminal offense must navigate complex constitutional and social considerations. There is a need to balance the sanctity of marriage with individual rights and societal norms.