Parliamentary Committee’s Recommendation on Adultery

Context:

• The Parliamentary Committee on Home Affairs has suggested that adultery should be re-instituted as a crime in the Bharatiya Nyaya Sanhita (BNS), 2023.

What is Adultery?

• Meaning of Adultery: Voluntary sexual intercourse between a married person, man or woman, and someone other than that person’s current partner. 
• Background: Until 2018, the Indian Penal Code (IPC) contained Section 497, which defined adultery as a criminal offense that attracted up to five years in prison, or a fine, or both. 
  • However, only men could be punished under Section 497, not women. It was violative of Articles 14, 15, and 21 of the Constitution which protects the fundamental rights to equality, non-discrimination, and life respectively.
  • In Joseph Shine vs Union Of India, a five-judge Bench of the Supreme Court unanimously struck down Section 497 of the IPC on grounds that included discrimination.

What are the recommendations of the Parliamentary Committee?

• Reinstate as a Criminal Offence: Adultery should be reinstated as a criminal offense, but it should be made gender-neutral with both men and women punished for it.
• Reason: The Committee is of the view that the institution of marriage is considered sacred in Indian society and there is a need to safeguard its sanctity.

News Source: Indian Express