Should Extramarital Affairs be Criminalized Again?

In 2018, the Supreme Court of India made a landmark decision by striking down Section 497 of the Indian Penal Code, which had criminalized adultery. The Court ruled that the law was violative of Articles 14, 15, and 21 of the Constitution, thereby decriminalizing extramarital affairs and recognizing the personal liberties of individuals in marriage. While this decision was celebrated by many as a progressive step towards gender equality and personal freedom, it has also sparked ongoing debates about the sanctity of marriage and the role of the state in regulating private relationships.

Supporters of re-criminalizing extramarital affairs argue that marriage is a sacred institution that needs protection. They believe that legal penalties can deter infidelity, thereby preserving the integrity of the family unit and safeguarding the well-being of children. They contend that the absence of such legal consequences has led to a rise in extramarital affairs, which can cause irreparable harm to families.

Conversely, those opposed to re-criminalization emphasize that extramarital affairs are a deeply personal matter that should not involve state intervention. They argue that criminalizing such behavior infringes on individual rights and autonomy, and that the law should not be used to enforce moral standards. Instead, they advocate for a focus on promoting healthier relationships through communication, counseling, and mutual understanding.

“On 27th September 2018, the apex Court of India struck down Section 497 (that dealt with adultery) of the Indian Penal Code as being violative of Articles 14, 15, and 21 of the Constitution. The question is, why extramarital affair? Marriage is a sacred institution conceptualized on the basis of trust between two individuals. The decision to drift apart to seek emotional and physical support from any individual other than your spouse is not appreciable. Why should a wife or husband be forced to divorce in the case of an extramarital affair? The rise of such affairs has degraded the mental well-being of our future generation. Does our law protect the interests of the children involved in this unnecessary melodrama between the parents? This fact has been ignored as the mental trauma cannot be quantified. Let us feel responsible for the future generation and create a healthy mental environment for them. Let there be open communication between couples to address issues instead of choosing extramarital affairs as an option.”

— Abantika Mahapatra, Ex-Banker, Presently a Homemaker

while the debate over the criminalization of extramarital affairs is complex, it is essential to balance the need to protect the sanctity of marriage with respect for individual autonomy and privacy. Instead of reverting to punitive measures, society should focus on addressing the underlying issues that lead to infidelity, such as lack of communication, emotional disconnect, and unmet needs within relationships.