[Answered] Critically examine the Parliamentary Standing Committee on Home Affairs’ recommendation to re-criminalize adultery on gender-neutral grounds. What are the implications of this recommendation on the legal and social fabric of India?

Parliamentary Committee recently suggested criminalizing adultery on gender-neutral lines thereby making both men and women equally culpable under the law to safeguard the sanctity of the institution of marriage. This comes after a five-judge Constitution Bench of the Supreme Court unanimously decriminalized adultery in 2018 on several grounds including discrimination. In Joseph Shine vs Union of India, a five-judge Bench of the Supreme Court unanimously struck down Section 497 (adultery provision) of the IPC on grounds that included discrimination.

How does it impact other aspects?

• Gender Neutrality: The goal of achieving gender neutrality is to guarantee that men and women are treated equally in the eyes of the law. Still, it’s unclear if re-criminalizing adultery promotes gender equality or if it just upholds an unjust legal system that restricts individual freedoms.
• Impact on Privacy: Making adultery a crime raises concerns about how the government may meddle in private matters and restrict people’s right to privacy. Opponents contend that these rules are excessively invasive and that the government has no business controlling consenting adult relationships.
• Shifting Cultural Norms: The discussion surrounding adultery laws is a reflection of cultural norms and beliefs. While opponents contend that legal frameworks should change to reflect the evolving public perspectives on partnerships, proponents of re-criminalization may argue that it is in line with traditional values and the sanctity of marriage.

Impact on legal and social fabric

• Legal impact: Re-criminalizing adultery could have negative legal repercussions for anyone, regardless of gender. This could involve court cases, fines, and possible effects on divorce processes.
• Social impact: Making adultery a crime might exacerbate social stigma and moral judgments about relationships outside of marriage. People’s relationships, personal lives, and mental health may be impacted by this.
• Increase in divorce cases: Making adultery a crime could reduce no of divorce cases and could even lower no of suicides which are often the result of sarcastic comments of society to the spouses of parties indulged in adultery.

Conclusion

The suggestion that adultery be criminalized in India based on gender would require a thorough analysis of the social, moral, and legal ramifications. Maintaining equality, upholding individual autonomy, and protecting marital sacredness all require a delicate balance. Civil society, legal professionals, and public discourse all have a significant influence on how such policy decisions are shaped and how they affect the nation’s legal and social structures.