Indonesia banned sex outside marriage, Is it legal in India?

Youngsters and some business owners who oppose the law say that it curtails human rights and is bad for the tourism business.

Hyderabad: The Indonesian government on Tuesday passed a law that bans sex outside marriage. The law criminalises unmarried couples having sex, living together, and adultery.

The laws are also applicable to tourists and foreign residents. When found guilty under the law, people will be jailed for up to a year.

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The move has been met with protests from citizens across the largest Muslim-majority country. Youngsters and some business owners who oppose the law say that it curtails human rights and is bad for the tourism business. Now, let’s take a look at India’s legal position on the matter.

Is sex before marriage legal in India?

No law in India criminalises pre-marital sex between two consensual adults over the age of 18 is legal in India. The consent, however, needs to be mutual and obtained without any form of pressure.

Can unmarried couples live together?

Unmarried couples in India can rent/buy a property and cohabit together. Also, no law bars an unmarried consensual couple from renting a hotel as well.

Additionally, under the Protection of Women from Domestic Violence Act 2005, women in live-in relationships will also receive protection from domestic violence and abusive relationships.

What is adultery and is it legal?

Adultery is when a married person voluntarily indulges in sexual intercourse with someone who is not their wife/husband.

In India, until recently, adultery was considered a serious crime and was punishable under Section 497 of the Indian Penal Code. However, in 2018, a five-judge Supreme Court bench unanimously struck down Section 497 of IPC after holding it to be violative of Articles 14, 15, and 21 of the Constitution of India.

It said that the law was patriarchal and treated husbands as masters of their wives giving them unlimited rights to deal with their wives as they please.

As a result of that judgment, adultery is no longer a crime in India. But the other party can file for a divorce on the grounds of cheating.