SC questions Centre: What "Public Good" is Penal Law on Adultery serving?

August 8,2018:

On Wednesday, Supreme Court asked Centre "what public good" the Penal Law on Adultery served as it provides that no offence would be made if husband of a woman approves Adulterous relationship.

Apex Court's Five-judge Constitution Bench headed by CJI Dipak Misra is hearing petitions challenging Section 497 of the IPC, was told by Centre that Adultery is a crime because it damages marriage as an institution and family.

ASG Pinky Anand, appearing for Centre, commenced her arguments by submitting that Adultery has been made an offence by keeping in mind sanctity of marriage as an Institution.

SC Bench also comprising of Justice R F Nariman, Justice A M Khanwilkar, Justice D Y Chandrachud and Justice Indu Malhotra questioned ASG Anand that,"What is the sanctity of marriage here. If consent of husband is taken then there is no adultery".

Supreme Court Bench further stated that,"What is this consent. There will be no offence if the husband consents to this relationship. What is this? What is the collective public good in section 497 to hold that this (adultery) is an offence".

ASG Anand added that Judgement of foreign jurisdictions which had set aside adultery as a criminal offence should not be taken into account and the instant matter has to be decided on social conditions prevalent in India.

Section 497 of 158-year-old Indian Penal Code stated that,"Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery."

Source PTI