#Section497: Adultery not a criminal offense, law declared unconstitutional
The Supreme Court on Thursday ruled adultery can be a ground for divorce but isn't a criminal offence. The five-judge bench headed by Chief Justice Dipak Misra, Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra delivered its judgment on Section 497 of the IPC and noted husband can't be the master of the wife. Here's more about this.
CJI says sovereignty of one sex over another is wrong
Reading out the judgment, CJI Misra said only adultery can't be a crime till "it attracts the scope of Section 306 (abatement to suicide) of the IPC". He also said the Section 497 of the IPC is 'absolutely manifestly arbitrary'. "Legal sovereignty of one sex over another is wrong. Any system or law which affects the individual dignity of women in a civilized society invites the wrath of the Constitution," he said.
What was Section 497 all about?
Section 497 of Indian Penal Code means sexual intercourse by a man with a married woman without her husband's consent amounts to adultery, and the man is held liable for the crime. The law doesn't punish the adulterous woman. Further, under the law, a wife doesn't have any right to prosecute the adulterous husband, or the other woman involved.
CJI Misra takes a progressive stand on unhappy marriages
Further, CJI Misra said, "Adultery might not be the cause of an unhappy marriage, it could be the result of an unhappy marriage." Speaking on behalf of himself and Justice Khanwilkar, CJI Misra ruled Section 498 CrPC as unconstitutional. He added, "Adultery dents the individuality of women". The court also noted that various western countries didn't see adultery as a criminal offense.
