WOMEN & LAW SYNOPSIS

“ADULTERY: ANALYSIS AND RELEVANCE”

SUBMITTED TO:
Mrs. APARNA SINGH
(ASSISTANT PROFESSOR OF LAW)

PROJECT SUBMITTED BY:

RISHI SEHGAL
Semester IX, Section B

ENROLL. NO. 150101112

DR. RAM MANOHAR LOHIYA NATIONAL LAW

UNIVERSITY.

LUCKNOW, UTTAR PRADESH

 INTRODUCTION

Adultery in India is a criminal offence as per Section 497 of the Indian Penal Code, 1860 (IPC).
Adultery generally means a consensual sexual relationship between a married person and a
person of other sex, who is not the spouse of the married person. However, it is not necessary
that the other person is a married person. The offence is committed only by a man who has
sexual intercourse with the wife of another man without his consent. Adultery is an offence
which is committed by a third person against a husband in respect of his wife and of which a
man can alone be held liable for the offence. Adultery is considered to be an invasion to the
right of the husband over his married wife. The law of adultery is not applied to a woman and
has been expressly provided that the woman cannot be held for abetment of the offence. The
object of the law is to inflict punishment on those who interfere with the sacred relation of
marriage, and the legislature as well considers it to be an offence one who interferes in the
sacred matrimonial home. However, the framers of the Code did not include adultery as a
crime; it was only after the recommendation of the Second Law Commission it was added to
the Code. It is commonly accepted that it is the man who is the seducer and not the woman,
and it is considered as an anti-social and illegal act by any peace-loving and citizen of good
morals, who would like anyone to be indulged in such acts before their nose. Section 497 of
the Indian Penal Code states that:

Adultery — Whoever has sexual intercourse with a person who is an whom he knows or has
reason to believe to be the wife of another man, without the consent or connivance of that man,
such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery,
and shall be punished with imprisonment of either description for a term which may extend to
five years, or with fine, or both. In such case, the wife shall not be punished as abettor.

The essential ingredients of the section are; i) there must be sexual intercourse with the consent
of the wife and the penetration must be sufficient to constitute sexual intercourse necessary to
the offence, ii) knowledge and reasonable belief that the woman is married to another man and
that marriage should be lawful and iii) the husband who has complained of the adultery had
not consented or connived the act.

Adultery is a criminal offence according to IPC, whoever the section penalises the man
involved in the act without penalising the woman. One of the essential ingredients of the
section, which states that the absence of consent or connivance of the husband is needed to
constitute the act prima facie shows that the section is not gender-neutral. The very gender
neutrality of the section has been debated many times; the constitutional validity of the section
has been challenged in the court on the grounds that it violates the fundamental rights of a man
under Article 14 of the Indian Constitution which states that “The State shall not deny to any
person equality before law or the equal protection of the laws within the territory of India” and
that this Section does not come under the purview of the saving clause under Article 15 (3) of
the Indian Constitution. Equally the Section doesn’t provide any relief to any woman whose
husband has done adultery, which is also a violation of the gender neutrality clause provided
in the Constitution of India. It has been recommended for amendment by the 42d Law
Commission of India reports and 2003 Malimath Committee Reports, but the law stands still
date. In this context, the article tries to analyse whether the section is actually violative of
Indian Constitution, or is there a need to neutralise the section or to make adultery a civil wrong
rather than a criminal offence or not to make adultery any offence at all.

SCOPE & OBJECTIVES

1. Study the concept of adultery

2. Study the supreme court rulings on adultery

3. Study the law relating to adultery and its criticism

4. Study the relevance of adultery law.

RESEARCH METHODOLOGY

The method of research adopted is analytical in nature. I have referred sources on the internet
as well as a few books on Women and Law available in the university library besides adding
my personal views and knowledge of the topic. Books and other references as guided by the
faculty of Women and LawLaw have been primarily helpful in giving this project a firm
structure. Websites, dictionaries and articles have also been referred.

TENTATIVE CHAPTERISATION

1. INTRODUCTION
2. ADULTERY: HISTORICAL PERSPECTIVE
3. JUDICIAL CHALLENGES
4. CRITICISM OF THE LAW AND THE JUDGMENTS
5. REPORTS AND SUGGESTIONS FOR LAW REFORMS
6. DECRIMINALISATION OF ADULTERY BY SUPREME COURT OF INDIA
7. CONCLUSION

REFERENCES

 Kumar K (Adv.), Punam Rani, Offences against women : Socio-legal perspectives,

Regency Pulication, New Delhi, 1st Ed. 1996

 Ruth A. Miller, The Limits Of Bodily Integrity: Abortion, Adultery, And Rape

Legislation In Comparative Perspective

 Dr S.C Tripathi and Vibha Arora. Law relating to Women and Children (Allahabad:
Central Law Publication, 2008)