हिंदी समाचार पढ़े
Expand
O.P. Jindal Global University
 
Home / Latest News / Adultery Law: SC strikes Section 497 down as Unconstitutional, says Husband not the master of Woman. Read Judgment

Adultery Law: SC strikes Section 497 down as Unconstitutional, says Husband not the master of Woman. Read Judgment

September 27, 2018:

Adultery
Adultery

On Thursday, Supreme Court delivered an unanimous verdict with all the Five Judges concurring  on a crucial 150-year-old Adultery Law that considers punishment only to a man and not a married woman for an affair by treating her as a victim and not as an abettor of the offence.

Chief Justice of India, Dipak Misra said, “Adultery Law is Arbitrary. A man having sexual intercourse with a married woman is not a crime. The beauty of the constitution is that it includes the I, me and you. Any law which affects individual dignity, equity of women in a civilized society invites the wrath of the Constitution.”

Section 497 deprives Women of dignity and that Women are treated as property of her husband.

Apex Court enunciated that any provision treating women with inequality is not constitutional and it’s time to say that husband is not the master of woman.

Adultery will remain a ground for divorce though as clarified by the bench.

The five-member Constitution Bench said making adultery a crime is retrograde and would mean “punishing unhappy people”.

The law on adultery in India punishes any man who has an affair with a married woman “without the consent or connivance of” her husband, with five years in jail or fine or both.

Chief Justice further added,”There can’t be any social licence which destroys a home. The wife can’t be treated as chattel and it’s time to say that husband is not the master of woman.”

The court noted that most countries have abolished laws against adultery.

Centre though had defended the law saying adultery must remain a crime so that the sanctity of marriage can be protected, after a petition called for the law to be scrapped as it does not treat men and women equally.

In earlier hearings, the Supreme Court had questioned the government how the law preserved the “sanctity” of marriage when the extramarital affair becomes non-punishable if the woman’s husband stands by her.

The Chief Justice said today that adultery might not be the cause of an unhappy marriage; it could be the result of an unhappy marriage.

The Bench remarked, “In case of adultery, criminal law expects people to be loyal which is a command which gets into the realm of privacy,”

Earlier, the Supreme Court upheld the law against adultery thrice. Last year, it said the laws on adultery treat a woman as her husband’s subordinate and time has come for society to realize that a woman is as equal to a man in every respect.

Here are some quick points of Supreme Court’s Verdict on Adultery:

Here are 10 points of the verdict that was delivered by a five-judge bench.

1. Section 497 (Adultery) of the Indian Penal Code (IPC) is unconstitutional.

2 . Section gives a license to the husband to use the woman as a chattel.

3 . This is archaic law long outlived it’s purpose.

4. Does not square with constitutional morality.

5 .Curtailing sexual autonomy of a woman is antithetical to the Constitution.

6 . If act is treated as an offence it would amount to punish those unhappy in marital relationship.

7. Any system treating a woman with indignity invites the wrath of Constitution.

8. Woman can’t be asked to think how a man or society desires.

9. Husband is not the master. Equality is the governing parameter.

10. Mere adultery can’t be a crime, unless it attracts the scope of Section 306 (abetment to suicide) of the IPC.

Source: NDTV

Facebook Comments

Hindu

TOI Demonitisation Diaries Demonitisation Diaries                                                       by sify

...as an eminent lawyer you ought to know that your action tantamount to, under Section B, sub-section G.VIX, read along with I.P.C. (A) XI (B), notwithstanding...                                        TOI

Hindu

Hindu Hindu

Hindu

TOI

Hindu

ALL_1_Theme_01A_24_2383617g

Hindu

TOI 150425_-_farmers_a_2384764f

Hindu

Acheche DIn Acheche Din     pic by sify [caption id="attachment_97477" align="alignleft" width="621"]UIDAI Leaks UIDAI Leaks[/caption]

IBN IBN

TOI

TOI

Soaring of Oil Prices pic by indiaone America First Walk Your own Talk Lawyers Bearing the Burden Literally Lawyers Bearing the Burden Literally pic by OMG Hindu State of Affairs Women Safety: State of Affairs             pic by mangal Demonitisation Diaries 1 Demonitisation Diaries 1                                  pic by sify   TOI TOI Hindu Hindu Pic by Hindu Women Empowerment and Sports Women Empowerment and Sports Alligator vs Litigator Alligator vs Litigator Demonitisation Diaries 2 Demonitisation Diaries 2  pic by sify [caption id="attachment_97467" align="alignleft" width="621"]Humour with Latest Laws Humour with Latest Laws[/caption] Cartoon Hindu

Hindu Hindu

TOI

pinterest

Missing the Point Missing the Point pic by english blog Hindu Hindu [caption id="attachment_97462" align="alignleft" width="524"]Painting India Saffron Painting India Saffron[/caption]

TOI

Tax Reforms    by Hindu Tax Reforms by Hindu Hindu Humour @ Latest Laws Achhey Din Humour @ Latest Laws: Achhey Din

TOI

Hindu Let Justice Be Let Justice Be

TOI

Hindu

Belts are for Dogs Belts are for Dogs Time to straighten up Time to straighten up                pic by TOI TOI Job Hazards

Hindu

Auto Driver thrashed for no fault Auto Driver thrashed for no fault,                  source oneindia [caption id="attachment_97474" align="alignleft" width="621"]Donald Trump’s immigration ban Donald Trump’s immigration ban[/caption] State of Two Nations State of Two Nations               pic by sandeep

Hindu

Hindu

TOI

Hindu

Hindu

TOI Delivery Boy Delivery Boy                    by Satish If India takes One Step, we will take Two by Satish If India takes One Step, we will take Two ...................by Satish Four Pillars of Democracy Four Pillars of Democracy             by Satish

TOI

 
 
 

Check Also

Sabrimala Verdict Stress

Sabrimala row: Man sets himself ablaze at protest site, dies

December 13, 2018: On Thursday, a 49-year-old man died after setting himself on fire near the venue of BJP leader CK Padmanabhan’s sit-down protest, against what he described as the Kerala govt.’s anti-Sabarimala stand, in Thiruvananthapuram. The man, who was ...

Leave a Reply

Your email address will not be published. Required fields are marked *

Latest laws

Join our mailing list to receive the Latest Laws News and updates from our team.