January 6,2018:

Bench has stated that,"The provision seems quite archaic and, especially, when there is a societal progress".

On Friday, Supreme Court has decided to re-examine the question whether a woman and a man in an adulterous relationship can be treated as the partners in crime .

The Apex Court will re-examine validity of the Section 497 of Indian Penal Code which, for the last 158 years has absolved the married women from being charged with adultery.

SC's Three Judge Bench comprising of CJI Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud, had entertained the PIL challenging gender discriminatory provision in Indian Penal Code and had sought Centre's response.

Apex Court Benh held that it prima facie felt that the consistent rulings of Supreme Court validating Section 497 of IPC required reconsideration by its Five-Judge Bench.

Earlier SC rulings in favour of keeping the adulterous married women out of purview of law, but the CJI led SC Bench is firm on a de-novo reconsideration of the matter.

Bench further added that,"We think it is appropriate that earlier judgments required to be reconsidered, regard being had to the social progression, perceptual shift, gender equality and gender sensitivity".

Ape Court has felt that it was about time to examine whether the affirmative action mandated under Article 15(3) of Constitution to benefit women in general could legally and judicially translate into absolving them of the prosecution in a crime for which men are punished and women are willing or consensual partners.

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