LIJDLR

Decriminalization

BEYOND DECRIMINALISATION: A CRITICAL REAPPRAISAL OF ADULTERY IN INDIAN MATRIMONIAL LAW

Volume IV Issue I /

BEYOND DECRIMINALISATION: A CRITICAL REAPPRAISAL OF ADULTERY IN INDIAN MATRIMONIAL LAW Abhishek Jain, LL.M, Student at Amity Institute of Advanced Legal studies, Amity University Uttar Pradesh (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.125 This study conducts an extensive doctrinal and constitutional examination of adultery law in India, documenting its progression from ancient religious and customary practices to colonial criminalisation and subsequent constitutional decriminalisation. Adultery was historically regarded as a moral and matrimonial transgression governed by personal laws; however, the introduction of Section 497 of the Indian Penal Code, 1860 (Now Replaced by the Bharatiya Nyaya Sanhita, 2023), redefined it as a gender-biased criminal offence based on Victorian morality and patriarchal concepts of marriage. The provision, which regarded women as passive entities and safeguarded male property rights, faced minimal opposition until its annulment by the Supreme Court in Joseph Shine v. Union of India (2018). This research will examine the legal journey of adultery from colonial law to Constitutional reinterpretation. It will trace the origin of adultery as a criminal offence under colonial law, analyze judicial approaches prior to decriminalization, and discuss the treatment of adultery under various personal and matrimonial laws. It concludes that while decriminalisation was a progressive step, comprehensive reform is necessary to align family law with constitutional values, ensuring dignity, autonomy, and non-adversarial dispute resolution in marital breakdowns.

BEYOND DECRIMINALISATION: A CRITICAL REAPPRAISAL OF ADULTERY IN INDIAN MATRIMONIAL LAW Read More »

DECRIMINALIZING ENVIRONMENTAL OFFENSES: IMPLICATIONS OF REMOVING PENALTY PROVISIONS IN INDIAN ENVIRONMENTAL LAW

Volume III Issue I /

DECRIMINALIZING ENVIRONMENTAL OFFENSES: IMPLICATIONS OF REMOVING PENALTY PROVISIONS IN INDIAN ENVIRONMENTAL LAW Arunkumar, 1st Year LLM – Cyber Space Law & Justice student at Tamil Nadu, Dr. Ambedkar Law University Dharshini, 1st Year LLM – Cyber Space Law & Justice student at Tamil Nadu, Dr. Ambedkar Law University Download Manuscript doi.org/10.70183/lijdlr.2024.v03.11 The decriminalization of environmental offenses in India has sparked intense debate among policymakers, legal experts, and environmental advocates. This study examines the implications of removing penalty provisions from key environmental laws such as the Environment Protection Act, 1986, and the Water (Prevention and Control of Pollution) Act, 1974. The study critically examines the rationale behind decriminalization, its potential impact on compliance and deterrence, and whether alternative enforcement mechanisms such as administrative penalties, restorative justice, and economic incentives can effectively replaces criminal sanctions. Drawing on case studies, global practices, and empirical data, this study highlights the challenges and opportunities posed by the policy shift, offering recommendations for a balanced and sustainable regulatory framework. The findings aim to contribute to the ongoing discourse on modernizing environmental governance in India without compromising ecological and public health priorities. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 203-243. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

DECRIMINALIZING ENVIRONMENTAL OFFENSES: IMPLICATIONS OF REMOVING PENALTY PROVISIONS IN INDIAN ENVIRONMENTAL LAW Read More »