Decriminalization Trends In Bns Such As Adultery And Attempt To Suicide
πΉ 1. Adultery β Section 497 IPC (Now Removed from BNS)
πΈ Historical Provision (Under IPC)
Section 497 of the Indian Penal Code (IPC) criminalized adultery. It stated that if a man had sexual intercourse with a married woman without the consent of her husband, it was a criminal offense only for the man. The woman could not be punished as an abettor.
Criticism: It was criticized as gender-biased, patriarchal, and violative of personal autonomy and equality.
πΈ Landmark Case 1: Joseph Shine v. Union of India (2018) β [Adultery Decriminalized]
Citation: (2019) 3 SCC 39
Bench: 5-judge Constitution Bench of the Supreme Court
Judges: CJI Dipak Misra, Justices R.F. Nariman, A.M. Khanwilkar, D.Y. Chandrachud, and Indu Malhotra
π§Ύ Facts:
Joseph Shine, a non-resident Indian, filed a PIL challenging Section 497 IPC on grounds of gender discrimination and violation of Article 14 (Equality), Article 15 (Non-discrimination), and Article 21 (Right to Life and Personal Liberty).
βοΈ Judgment:
The Supreme Court unanimously struck down Section 497 IPC as unconstitutional.
The Court held:
The law treated women as property of husbands.
It violated gender equality and individual autonomy.
Adultery can be a ground for divorce, but not a criminal offense.
π Key Quotes:
βA husband is not the master of his wife.β β Justice Chandrachud
βCriminal law should not enter private realms of consensual adult relationships.β β CJI Misra
πΈ Post-Judgment Status:
Adultery is no longer a criminal offense in India, but remains a ground for civil remedies such as divorce.
The Bharatiya Nyaya Sanhita (BNS), which replaces IPC, does not reintroduce adultery as a criminal offense.
πΉ 2. Attempt to Commit Suicide β Section 309 IPC (Now Omitted from BNS)
πΈ Historical Provision:
Section 309 IPC criminalized attempt to commit suicide β punishable with up to 1 year of imprisonment or fine.
The provision was seen as harsh and inhumane, especially for people suffering from mental health issues.
πΈ Landmark Case 2: Gian Kaur v. State of Punjab (1996)
Citation: (1996) 2 SCC 648
Bench: Constitution Bench
Issue: Whether Section 309 IPC is unconstitutional for violating the Right to Life under Article 21.
π§Ύ Facts:
The appellants were convicted under Section 306 IPC (abetment to suicide). They argued that attempt to suicide is not a crime because it involves the right to die, part of Article 21.
βοΈ Judgment:
The Court upheld the constitutional validity of Section 309 IPC.
It ruled:
Right to life does not include the right to die.
However, the Court acknowledged the need for compassion for suicide survivors.
π Significance:
Though the Court upheld criminalization, it paved the way for policy reconsideration by highlighting the mental health angle.
πΈ Landmark Case 3: P. Rathinam v. Union of India (1994) [Overruled Later]
Citation: (1994) 3 SCC 394
The Court earlier held that Section 309 was unconstitutional and that the right to life includes the right to die.
However, this was overruled by Gian Kaur (1996).
πΈ Legal Reform & Government Action:
The Mental Healthcare Act, 2017, changed the landscape:
Section 115 of the Act states that a person who attempts suicide shall be presumed to be under severe stress and not be prosecuted under Section 309 IPC.
The Act de facto decriminalized suicide attempts.
πΈ Landmark Case 4: Common Cause v. Union of India (2018)
Citation: (2018) 5 SCC 1
Issue: Whether passive euthanasia is legal; indirectly related to right to die with dignity.
βοΈ Judgment:
Recognized right to die with dignity as a fundamental right under Article 21.
Allowed passive euthanasia under strict guidelines.
π Relevance:
Although not directly about Section 309, this case reflected a shift toward recognizing autonomy in end-of-life decisions and reaffirmed the inhumanity of punishing suicide attempts.
πΈ Current Status in BNS:
Bharatiya Nyaya Sanhita (BNS) has dropped Section 309 IPC.
Attempt to suicide is no longer a criminal offense, aligning with the mental health approach and human rights framework.
πΉ Landmark Case 5: Aruna Shanbaug Case (2011)
Citation: (2011) 4 SCC 454
Concerned euthanasia and passive withdrawal of life support.
Not about Section 309 directly, but it influenced public and judicial discourse about death with dignity and humane treatment.
β Summary of Decriminalization Trends:
| Issue | Old IPC Provision | Key Judgment | Status in BNS |
|---|---|---|---|
| Adultery | Section 497 | Joseph Shine v. UOI (2018) | Decriminalized |
| Attempt to Suicide | Section 309 | Gian Kaur, Mental Healthcare Act, 2017 | Decriminalized |
π§ Final Thoughts:
These changes reflect a progressive shift in Indian criminal law from a punitive to a reformative and rights-based approach, particularly in private, personal, and mental health domains.
RELATED Blog
0 comments