Adultery and the Constitution of India: Shine

The Supreme Court of India has ruled that adultery is no longer a crime, declaring the colonial-era law unconstitutional and discriminatory against women. A five-judge Court ruled unanimously that the criminal offence of having a sexual relationship with a woman without her husband’s consent was archaic, based on gender stereotypes and a denial of the constitutional guarantees of dignity, liberty, privacy and sexual autonomy. The judgment comes hard on the heels of the Court’s decriminalisation of same-sex relationships. Continue reading