According to recent reports, on Thursday, India’s top court landmark judgment on decriminalized adultery which was aimed at upholding all rights to both freedom and equality, this landmark come shortly after the India top court scrapped a first law which was brought under British colonial rule in the year 1860.
The 5-member of the top court bench, yesterday in an unanimous judgment, passed down a new law which meant that if a man sleeps or rather have sex with a woman who is already married without any kind of permission from her husband’s permission then the man will be charged and more so face up to 5 years in jail if the final verdict convicted the man. Nevertheless, during the readout of the judgment, Dipak Misra, the Chief Justice of India said that adultery should not and cannot be a crime.
Nevertheless, this can only be grounded as a civil offense and if grounded as a civil offense then it only calls for divorce among the two married couples. According to reports, this was the second landmark judgment given within personal sphere in India in the beginning of this month. Nevertheless, 3 weeks ago, the Supreme Court was in a hearing whereby the court scrapped and gave a final verdict on the colonial-era on gay sex, the court banned this era.
In accordance to the landmarks on adultery, Pinky Anand, a Solicitor General, yesterday appeared in India’s Hindu nationalist government last month argued on matters concerning adultery. She said that as far as adultery is concerned, this should remain as a criminal offense, this will ensure sanctity of marriage and also this will scare away people from engaging in adultery. Even though only a few people up to date have faced adultery sentence for the past years. In the recent years, a lawyers said that this threat charges often have been used in matrimonial disputes just pressure women. Justice D.Y. Chandrachud, who was one among the 5-member bench, during the ruling said that Physicality is one way or another an individual choice. According to the law, it was primarily based on concept that woman loses all her individuality rights once she gets married. He also added that adultery is relic of the past.