Adultery Laws And Same Sex Marriage In India: What Is Good In Law? – OpEd |
The recent stance of the Government of India before the Supreme Court of India, firmly opposing same sex marriage while expressing reservations about the decriminalisation of adultery, has reignited a complex debate at the intersection of law, morality, and social reality. At its core lies a fundamental question: Should the state legislate personal relationships in ways that may intensify social harm rather than mitigate it?
The decriminalisation of adultery in 2018 marked a significant shift in Indian jurisprudence. By striking down Section 497 of the Indian Penal Code, the Court recognised adultery as a civil wrong rather than a criminal offence, emphasising individual autonomy and equality. Recriminalising adultery, as some now suggest, risks reversing these gains. In a society like India, where divorce continues to carry deep stigma, especially for women, criminal penalties for adultery may not deter extramarital relationships but instead exacerbate domestic tensions. When legal recourse becomes punitive rather than reconciliatory, it can push aggrieved spouses toward extreme actions.
Empirical and sociological observations suggest that crimes of........