August 2,2018:
On Wednesday, Five-Judge Constitution Bench of Supreme Court stated that making only men liable for the punishment for offence of Adultery appeared to violate Right to Equality before law under Article 14 of Constitution.
Apex Court Bench comprising of Chief Justice Dipak Misra and Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra initially contemplated referring it to a seven-judge bench but decided later to continue with its hearing.
Petitioner's Advocate, Kaleeswaram Raj submitted that a Four-Judge SC bench had in 1954 upheld the validity of Section 497 on the ground that Article 15 of Constitution permitted special laws for women and children.
He further added that in Today's time it was inconceivable that a man having intercourse with another woman without her husband's consent or connivance would be prosecuted and face a jail term of up to five years, while the Woman, despite being an equal partner in the crime, would go scot free.
Appearing for NGO Partners for Law in Development, Senior Advocate Meenakshi Arora submitted that Section 497, which makes adultery a crime for men, must be struck down because it treats women as Chattel of their husbands by providing that it is not Adultery if a man has intercourse with a woman with the consent of her husband.
Centre, in its affidavit, has argued that decriminalising Section 497 of IPC, which punishes only a man for adultery, would wreak havoc to the institution of marriage.
It further stated that,"Striking down of the provision would be tantamount to decriminalising the offence of adultery, thereby eroding the sanctity of marriage and the fabric of society at large."
SC Bench stated that,"If adultery gets scrapped as a crime for violating Article 14, then no one, neither the man nor the woman, will be punished. Adultery can be ground for Divorce and other civil consequences."
The case hearing will continue on Thursday.
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