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Adultery for CLAT - Practice Questions & MCQ

Edited By admin | Updated on Oct 03, 2023 03:26 PM | #CLAT

Quick Facts

  • 5 Questions around this concept.

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What was Section 497 of the Indian Penal Code (IPC) criticized for?

Concepts Covered - 1

Adultery

Introduction to Adultery:

  • The concept of "Adultery" revolves around complex dynamics of relationships, ethical considerations, and legal implications. Adultery involves engaging in consensual sexual relationships by a married individual with someone other than their spouse. This topic delves into the ethical, legal, and societal dimensions of such actions.

Significance of Adultery:

  • Adultery holds significant importance due to its multifaceted implications:
  • Trust and Betrayal: Adultery often leads to a breach of trust within a marriage, causing emotional turmoil and distress for the spouse who is betrayed.
  • Ethical Dilemmas: It raises moral questions about fidelity, loyalty, and the responsibilities individuals have toward their partners and families.
  • Legal and Social Aspects: The legal and social perspectives on adultery have evolved over time, reflecting changes in societal norms and values.

Legal Evolution in India:

Historical Context:

  • Adultery was classified as a criminal offense under Section 497 of the Indian Penal Code (IPC).
  • The provision was criticized for being gender-biased, penalizing men for adultery with another man's wife but not holding women accountable.

Joseph Shine v. Union of India (2018):

  • Issue: The case challenged the constitutional validity of Section 497 of the IPC.
  • Supreme Court's Decision: The Supreme Court declared Section 497 unconstitutional, stating that it violated the principles of equality and individual autonomy.
  • Decriminalization: The court emphasized that adultery is a private matter between consenting adults and should not be treated as a criminal offense.

Shift in Perspective:

  • The judgment reflected a shift from treating adultery as a crime to recognizing it as a matter of personal choice and private morality.
  • Legal focus shifted towards civil remedies, such as divorce, as a means to address issues arising from adultery.

Perspectives on Adultery:

Historical Stigma and Cultural Norms:

  • Adultery has historically been stigmatized across cultures due to societal norms that emphasize marital fidelity.
  • The breach of marital vows is often considered a betrayal of trust and a threat to the institution of marriage.

Individual Autonomy and Privacy:

  • The debate around adultery centers on the balance between individual autonomy and societal expectations.
  • Advocates for decriminalization argue that adults have the right to make personal relationship choices without legal interference.

Impact on Relationships and Families:

  • Adultery can strain marriages, disrupt families, and lead to emotional turmoil for all parties involved.
  • It prompts discussions about communication, forgiveness, and the challenges of rebuilding trust.


 

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