The National Commission on Women (NCW) citing social disempowered position of women, has reportedly recommended that a woman, even if she is involved in an illicit relationship, cannot be punished for adultery and be treated as the victim under law. It has asked the government not to amend Section 497 of the Indian Penal Code (IPC).

The NCW was reviewing a proposal to modify current laws that portray women as victims if it can be proven that she abetted adultery and allow husbands to prosecute spouses. The NCW disagreed with the suggestion saying that mere threat of punishment is not going to protect the marriage.

Instead, the NCW wants modifications to Section 198(2) of the Criminal Procedure Code (CPRC) to allow women to prosecute unfaithful spouses which explicitly disallows such prosecution even though they are allowed to under Section 398A of IPC. It also said that the government needs to consider adultery as civil offences and not criminal ones.