A CRITICAL IMPACT ANALYSIS OF ADULTERY LAW DECLARED IN THE CASE LAW BY THE APEX COURT IN JOSEPH SHINE V UNION OF INDIA ON 27 SEPTEMBER, 2018 WRIT PETITION (CRIMINAL) NO. 194 OF 2017

Bibhabasu Misra

No 2023-47-07, Working papers from Voice of Research

Abstract: Offence of Adultery Law has been decriminalized in India, by the Supreme Court’s Judgment in the above mentioned verdict. Now the Concept of Adultery remains in civil law only. It is a ground for Divorce in various personal laws. Judge makes law interstitially, and fills in the gap(s) left by the legislature. They decide the Constitutionality of a particular legal provision and declare the law as per the changing time and State Policy. Adultery, abrogated from the Statute book, actually affect the overall personality of the young children as in absence of an integrated family, their overall growth gets stunted. To have a flourishing State, there should be an orderly community consisting of peaceful, nurturing, supportive families. Thus an offence like Adultery should not be totally abrogated but be kept in continuation and changes like, Gender-neutrality, equality, applicability to the living together Couples, even if they are not lawfully married; should be initiated. Key words: Adultery, Constitution, Offence, Civil Liability, Children.

Date: 2023-09
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