India's top court has ruled adultery is no longer a crime, striking down a 158-year-old colonial-era law which it said treated women as male property. Previously any man who had sex with a married woman, without the permission of her husband, had committed a crime with up to Five years in prison.
A petitioner had challenged the law saying it was arbitrary and discriminated against men and women. It is not clear how many men have been prosecuted under the law - there is no data available. This is the second colonial-era law struck down by India's Supreme Court this month - it also overturned a 157-year-old law which effectively criminalised gay sex in India.
While reading out the judgement on adultery, Chief Justice Dipak Misra said that while it could be grounds for civil issues like divorce, "it cannot be a criminal offence".
Who challenged the law?
Last August, Joseph Shine, a 41-year-old Indian businessman living in Italy, petitioned the Supreme Court to strike down the law. He argued that it discriminated against men by only holding them liable for extra-marital relationships, while treating women like objects.
"Married women are not a special case for the purpose of prosecution for adultery. They are not in any way situated differently than men," his petition said.
The law, Mr Shine said, also "indirectly discriminates against women by holding an erroneous presumption that women are the property of men".
What did the adultery law say?
The law dictated that the woman could not be punished as an abettor. Instead, the man was considered to be a seducer.
It also did not allow women to file a complaint against an adulterous husband.
A man accused of adultery could be sent to a prison for a maximum of five years, made to pay a fine, or both.
And although there is no information on actual convictions under the law, Kaleeswaram Raj, a lawyer for the petitioner, said the adultery law was "often misused" by husbands during matrimonial disputes such as divorce, or civil cases relating to wives receiving maintenance.
GUYS, WHAT DO YOU THINK?
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Daniel Orji
what changed? all of these are pointers to the fact that the world is in transition! people are begining to practice those things that use to be abomination. there are forces behind them, if you have the spirit of God in you, you cannot subscribe to it.
Endy Edeson
@Daniel: You are right. Can you imagine? Some secular humanists claim that mutual sex with a married person is not a crime . To me, even if it is not a crime, it is morally wrong .
Anuforo Osinachi James
Forget this guys...They've sold the destiny of their country to the devil...watch out for more useless evil vices.
Whenever is see Israel in my Bible, i see Nigeria...God's
Whenever is see Israel in my Bible, i see Nigeria...God's
Luc Ifans
Nothing special...
It happens, even in the Bible...
God commit adultery with Mary...
He impregnated Mary without the consent of Joseph and what do we call that???
???...isn't that adulterous...??
It happens, even in the Bible...
God commit adultery with Mary...
He impregnated Mary without the consent of Joseph and what do we call that???
???...isn't that adulterous...??
Endy Edeson
@LUC: Seriously? I think Christians will "clarify" you more on what you just said. It seems you are an atheist. Daniel Orji Niyeck Nandack
Niyeck Nandack
We seem to forget that even in Nigeria, adultery has never been a crime even though we frown at it.
Browayson John Sr.
They're really heading for a cliff in that country, what a shame!
