"What Happens When a Married Woman is Forced to Get Re-Married?"
Channel: Gareeb-Akbar
Date: 2023-06-08

Adultery is the act of engaging in a sexual relationship with someone other than one's spouse while being married. In India, adultery was considered a criminal offense under Section 497 of the Indian Penal Code (IPC) until September 27, 2018.

Under the previous law, only a man who had sexual intercourse with a married woman without the consent of her husband could be charged with adultery. The law did not allow the woman or her husband to file a complaint against the man involved in the affair. This provision was widely criticized as being discriminatory and treating women as property of their husbands.

However, on September 27, 2018, the Supreme Court of India declared Section 497 of the IPC unconstitutional. The court ruled that the provision violated the fundamental rights to equality and privacy guaranteed under the Indian Constitution. The court held that adultery should be treated as a civil wrong rather than a criminal offense.

Since the ruling, adultery is no longer a criminal offense in India. Individuals involved in extramarital affairs can still face consequences within their personal relationships, such as divorce proceedings, but they cannot be prosecuted under criminal law for the act of adultery itself.