THE LAW ON ADULTERY IN INDIA

The history of adultery laws in India has changed vastly since it was introduced during British Colonial rule. It used to be a criminal act and considered a crime under law (additionally up until a few months ago) by the British government. Under Colonial law, women were seen as property and therefore the law recognised the wrong committed against married men when their wives committed "adultery". This view was based on a belief that women had no autonomy in a marriage and were merely extensions of their husbands (hence viewed as property). The change in Indian law is also reflective of the creation and interpretation of the Indian Constitution as it provides for individual dignity and equality under the Constitution. The Joseph Shine case was a turning point in Canada and India as it reinforces the view that the role of the state is no longer criminally sanctioning marriages based on unfaithfulness, rather to ensure that all relationships are formed and maintained on the basis of consent and equality. Although there are still legal consequences (e.g., spousal awards) for adultery, the decriminalization of the act means that the law should keep pace with how people understand marriage, gender and personal liberty.