Adultery

 Adultery is derived from a French word, about that has evolved from the Latin verb, “adulterium”, means to corrupt[1]. Adultery is defined as the consensual extramarital sexual relationship that is considered objectionable on social, religious and, moral and earlier on the legal grounds as well.

Though adultery is decriminalized, it still exists as a delinquent act as it violates social norms which an individual are believed to be followed. 

Since the last 158 years, it was treated as a crime but after the verdict of Hon’ble Supreme Court in Joseph Shine v. Union of India, adultery is decriminalized and remained merely a civil wrong rather criminal offence. There were two major contentions for the decriminalization of adultery. They were:-

This section provided husbands with the right to prosecute their wives’ adulterer while wives were deprived to complain against the adulteress of their husbands.

The section was ignorant on the matter of the adulterous act of the husband.

Adultery according to religion

India is a country known for its unity in diversity. Our country is a secular country where sentiments of all the religions are equally respected. Every religion follows its own views and objectives. However, in the matter of adultery more or less every religion is highly critical. Different religions have different views on adultery but the core view remains the same. In every religion, adultery is treated as a crime. However, the forms of punishment may vary among religions. It is treated as a delinquent act as it violates the religious sentiment of every religion.

Since time immemorial it is considered to be a sin not only on the religious or legal ground but on the spiritual ground as well.

Traditional Hindu views regarding adultery are that it creates disorder in the society and degradation of family value. In Hinduism, marriage is a sacrament, believed to be for seven consequent births, where both the spouses are supposed to be loyal to each other. They are believed not to have a sexual relationship other than their spouse.

According to Islam, adultery, rape, and fornication which are unlawful are considered as Zina. According to the Quran, Zina is huded crime for what punishments are fixed by god. The punishments range from amputation of hands and crucifixion to public lashing to public stoning to death. In particular to adultery, according to Quran, an adulterous person should be stoned to death[2].

According to the Bible, adultery as a sin deserving death for both men and women. Adultery is treated as unethical and immoral and evil for the society.

According to Buddhism, sexual intercourse outside wedlock is a sin that increases sufferings. In Buddhism, adultery is the 3rd of the five fundamental precepts that one must refrain.

According to Judaism, which is one of the ancient religions, there is a provision of the death penalty for both adulterer and adulteress.