Views on Supreme Court verdict decriminalizing adultery
Long awaited and recommended equality has at last got its throne as Supreme Court has
decriminalised section 497 of IPC. But on seeing the judgement it seems that by focusing on
the long needed equality some other important aspects have been overlooked and the things
have become more complex. It is beyond imagination & acceptance for all. The entire society shall
suffer & the institution of family & marriage shall lose its sanctity. This can lead to such a
situation where people may take law & order in their hands as they can’t rely on any legal
provisions to help them anymore. Murder cases & suicide cases may increase as an outcome
of such a judgement. As the Constitution grants equality so does it burdens us with
responsibilities to protect and preserve the basic social and moral values. Adultery has been
considered as crime in this country and when the society looks at it as the utmost evil, how
we can believe that adultery be decriminalised. All the citizens of India have their
constitutionally granted right to analyse this judgement in a permissible way & express their
views. Freedom of speech can invariably extend and meaningfully give the right to criticise in
a permissible manner.
Coming to the point, in order to maintain equality the scope of Sec.497 could have been
widened & the other person (woman) could also be considered the abettor and
penalised & also granted the right to complain. This is what has been recommended by the
law commission at times.
Instead of this, decriminalization of the offence cannot withstand it’s justification in anyway.
In the process of establishing equality the delivered judgement has overruled the social and
moral values in the name of equality which could be attained in another way. It becomes really
difficult for one to maintain the same respect for the Supreme Court.
It is just 24 hours & this judgement has found its first victim. A women from Chennai
committed suicide after her husband justified having an extra marital affair as the Supreme
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has ruled that adultery is no longer a Crime in the country. If sec. 497 would have been dealt
with as per the recommendations of the law commission this would not have happened. This is
the first of its kind case reported after the apex court decriminalized adultery. We can’t wait for
more such cases to come into being.
This matter is not regarding any specific caste, creed & religion as it uproots the value based
status of the entire society. We urge all the Social leaders, Religious leaders, Political leaders,
Mahila Aayog, NGO’s & all the respected & learned Citizens of India to come out from the shell
of silence & express their views in a strong yet permissible manner. We can also keep in mind
that the Constitution of India has framed a Fundamental Duty for all of us under Article 51-A (f)
“to value & preserve the rich heritage of our composite culture”
Since childhood we’ve always pledged to have respect for the rich heritage & tradition & culture
of our nation (Refer the pledge printed in every school books).
Let’s pursue what we’ve pledged & perform our Fundamental Duty when needed the most.
Equality is always welcome and it can be materialized by penalising both the ends.
This is what has been recommended by the law commission never thinking of decriminalizing
Even the recommendations of the National Law Commission seems to be clearly side-lined in
“The Malimath Committee on reforms of Criminal Justice System” has also demanded
similar treatment to wife and hence never thought of decriminalizing adultery. It has been
repeatedly confirmed that “The society abhors marital infidelity”. Looking at the concurrent
judgement delivered by the five judges bench, all these facts seems to be side-lined or
Let us pray for a Law upholding adultery as a crime as well as maintaining the status of equality
at the earliest.