The Social ION
  • Year: 2020
  • Volume: 9
  • Issue: 1and2

Adultery: Social transformation through transformative constitutionalism

1Assistant Librarian, Tagore Library, University of Lucknow, Lucknow, Uttar Pradesh, India

2Research Scholar, Department of Human Rights, School of Legal Studies, Babasaheb Bhimrao Ambedkar (Central) University, Lucknow, Uttar Pradesh, India

*Corresponding author email id: pravishprakashbhu@gmail.com

Online published on 4 September, 2021.

Abstract

Hunger and sex have been considered to be the primary needs of man from the ancient period but at the same time adultery has been considered as heinous offence in Indian society. The root cause of generation of evils like adultery in the human mind is lust, craving towards sensual pleasure as highlighted in various ancient Indian literature. The wise people did not succumb to sensuality arising from contact of sense organs with their objects. In ancient India the philosophy of law envisaged self-control to avoid law-breaking and maintenance of social order. The transformative constitutionalism has become a tool to reform the society ignoring the concept of self-transformation. In Indian legal system, adultery has been placed on the pedestal of either civil wrong or criminal offence from time to time. The objective of social transformation through transformative constitutionalism can be achieved in true spirit if it is coupled with selftransformation. This paper tries to focus on the concept of change, method of self-control adopted in ancient times by the wise people, the legal and philosophical concept of adultery and social transformation being done by Indian Judiciary through transformative constitutionalism.

Keywords

Change, Adultery, Transformative constitutionalism, Self-transformation, Human rights