Can A Woman Be Charged With Adultery After The 2018 Judgment?

The 2018 Supreme Court judgment in India was a significant milestone for women's rights, as it declared that Section 497 of the Indian Penal Code (IPC), which criminalized adultery, was unconstitutional. Under this law, only men could be charged with adultery for having extramarital relations with a married woman, while the woman involved in the affair could not be prosecuted. This judgment effectively decriminalized adultery for men, recognizing it as a violation of individual rights, while also challenging the gender inequality embedded in the law. The ruling sparked debates about the implications for women’s rights and gender equality, particularly concerning whether women could be charged with adultery after the judgment.

Impact of the 2018 Judgment on Women and Adultery Charges

Decriminalization of Adultery for Men: Prior to 2018, Section 497 of the IPC criminalized adultery but applied only to men, leaving women unpunished for the same offense. The 2018 judgment by the Supreme Court removed this gendered aspect of the law. By declaring that adultery is not a criminal offense, the Court took a progressive step toward gender equality and personal autonomy, allowing both men and women to be treated equally before the law.

What Does This Mean for Women? The judgment not only decriminalized adultery for men but also raised questions about the application of laws to women. Since the law could no longer criminally charge men for adultery, it implies that a woman could not be charged with adultery either. The reasoning behind this was that adultery as a criminal offense no longer exists, and the law could not single out one gender for prosecution while exempting the other in a similar situation.

Adultery as a Ground for Divorce, Not a Crime: While the 2018 judgment decriminalized adultery, it is still a ground for divorce in India under the Hindu Marriage Act, Special Marriage Act, and other relevant marital laws. This means that while a woman cannot be criminally prosecuted for adultery, her spouse can seek divorce on the grounds of her infidelity. The ruling shifted adultery from a criminal offense to a civil matter, focusing on marital disputes rather than criminal law.

Legal and Social Implications:

Gender Equality: The 2018 judgment was a major victory for gender equality, as it eliminated the gender bias that existed in adultery laws. Before the ruling, women were often viewed as passive participants in adultery, with men being held accountable. The Court's decision recognized the autonomy of both genders in matters of marital fidelity.

Autonomy and Privacy: The judgment emphasized individual privacy and autonomy, suggesting that a person's right to engage in consensual sexual relations is a personal matter and not a criminal one. This shift acknowledges the evolving perspectives on personal rights and freedoms.

Reactions and Criticism: While the judgment was lauded by many for advancing women's rights, it also faced some opposition from sections of society who viewed it as a challenge to traditional moral values. The decision continues to provoke discussions about how personal freedoms should be balanced with societal norms.

Challenges in Enforcement: One of the challenges in the aftermath of this judgment is the implementation of marital laws regarding adultery and its consequences. The ruling made adultery a civil issue rather than a criminal one, leaving the enforcement of such cases to the personal laws governing divorce and marriage, rather than criminal law. This shift also raised concerns about how courts would handle the issue of marital infidelity in divorce proceedings, especially when there are complex emotional and financial implications.

Example:

Consider a married woman who engages in an extramarital affair. Before the 2018 ruling, the man with whom she was involved could be charged with adultery, but she could not be prosecuted for the same act. After the ruling, neither she nor the man could be criminally charged with adultery. However, her spouse could still seek a divorce on the grounds of infidelity, but this would be a civil matter, not a criminal one.