Wednesday, Sep 28, 2022
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Why Courts In India Consider Adultery As A Relic Of The Past

After much strife, the 2018 Supreme Court judgment decriminalised Section 497 of the IPC that criminalised adultery and treated a woman as nothing more than her husband’s property, denudes them from making choices.

Scene from Hell: Painting on wall of Rila Monastery, Bulgaria Photo: Shutterstock

Sweeping across the courts in India is a ringing change in perspectives that has impacted judgments and made the courts into support systems. In May this year, the Ke­r­ala high court brought in equality in marr­iages when it allowed lesbian couple Adhila Nassrin and Fat­ima Noora to live toge­ther despite objections from their families. During the hearing of the petition filed by Nassrin, the court, in a progress­ive stance, stated that there was no reason to hold them back as they were consenting adults.

While same-sex marriage is not legally reco­gn­i­­sed in India, there is no statutory or constitutio­nal provision restricting it either, say legal so­u­­r­­­ces. The court observed, “Intimacies of mar­riage including the choices which individuals make on whether or not to marry and whom to marry lie outside the control of the state.”

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