Bishop Sarat Chandra Nayak Catholics will continue to regard sex outside marriage as a sin despite India’s Supreme Court ruling that adultery will no longer be a crime, Church leaders say.
The country’s top court has struck down a 158-year-old British-era law which said it was a crime, punishable with a five-year jail term, for a man to have consensual sex with a woman without the knowledge of her husband. The law didn’t prescribe any punishment for the woman.
The “archaic” law treats women as “property of the husband”, the court said. It violates the rights guaranteed in India’s constitution for personal liberty and equality, it added.
The law, known as Section 497, allowed a husband to prosecute any man who engaged in sexual relations with his wife. In addition, it prevented a wife from prosecuting either her husband or the woman with whom he was engaged in extramarital relations.
The change does not affect the teachings and belief of the Church that adultery is a crime, Church leaders said.
“For the Catholic Church, all sexual acts outside the realm of marriage are sinful and there is no change to this position,” said Bishop Sarat Chandra Nayak of Berhampur. “Morally, socially and spiritually, adultery will remain a sinful act.”
The prelate welcomed the verdict, saying it stresses the “equality of men and women” and it is “a right step” in a male-dominated society like India.