The 158-year-old law said any man who engaged in sexual relations with a married woman, without the consent of her husband, was liable for the criminal act of adultery. Now the supreme court on Thursday stated that that adultery is no longer a crime. Since the inception of 150-Year-old law, there are no cases booked under this law, there is no data available.
A Petitioner had challenged the law saying it was discriminated against men and women. A five-judge bench headed by Chief Justice Dipak Misra stated, “Any system treating ladies with insult or separation invites the wrath of the Constitution”.The apex court stated that treating women with inequality is not constitutional .” constitutions means you, me and I, the CJI stated.
CJI Misra included, “Now, It’s time to say the husband is not master of women.” CJI Misra said that Section 497 of the IPC is plainly subjective the manner in which it deals with women. “Adultery can be dealt with as civil wrong for the disintegration of marriage,” CJI Misra said including that, “There can’t be any social licence which annihilates a home.” Section 497 says: “Whoever has sex with a man who is and whom he knows or has reason to accept to be the spouse of another man, without the assent or conspiracy of that man, such sex not adding up to the offence of rape, is liable of the offence of adultery.”
The Center wants adultery to proceed in the Indian Penal Code as it guarantees the sacredness of the marriage. The judgment goes ahead an petition filed by a Kerala based man, Joseph Shine, represented by advocates Kaleeswaram Raj and M.S. Suvidutt, looking for a statement of Section 497 as illegal.
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