Is adultery still a crime after supreme court judgement

571 votes

Explanation of the judgement:

Let's understand and try to appreciate the ratio of the judgment. Until this order was passed only a man could be charged/ prosecuted with adultery whereas no criminal action could be taken against the lady (the wife). That means of a husband could prove that another man had been into adulterous relationship with his wife that man could be prosecuted as if he has dealt with a valuable property of the husband.

Supreme court said wife can't be identified/ classified as an asset and thus such a man can't be said to have dealt with that asset, namely, wife.

Further, the punishment and modes of prosecution was also glaringly disproportionate. In a physical relation, on consent, both the partners are supposed to get pleasure. Thus after having the pleasure the female, being the wife, is not prosecuted whereas the man was subjected to prosecution.

Why a man should be prosecuted? For having sex with a woman, upon consent, only because she is someone's wife? Then we have to consider she has lost her right over her body and the same has been capitalised by the husband? So, people should be restrained from extramarital affair only for a fear from being prosecuted? If a woman who is self independent and doesn't care for alimony, how can she be restrained from getting into extramarital affair? SHE CAN BE RESTRAINED ONLY BY THE LIVE OF HER HUSBAND AND NOTHING ELSE.

As regards, divorce and alimony, the law is still prevailing as was there earlier. The same has not been changed.

Therefore, considering the aforesaid, I think the Apex Court has taken absolutely correct decision.

Advocate Aveek Bose LawRato