In the Supreme Court, a five-judge constitution bench on Thursday ruled the Adultery, Section 497 of the Indian Penal Code (IPC), Chief Justice of the country (CJI) Deepak Mishra said, “It should not be an offense needed.” The Supreme Court has repealed the 158-year-old anti-adultery law and said that adultery is not a crime.
The court said that there is no doubt that this can be the basis of divorce but this law affects the right of a woman to live. The court said that the husband is not the owner of the woman and whatever system behaves or discriminates against the dignity of the woman, it invites the wrath of the constitution. The provision that treats women with equality is unconstitutional.
The court said that this law disrespects a woman’s desire and sexual choice. The Chief Justice said that if a spouse commits suicide due to adultery and this is proved in the court, then a case of abetment to suicide will be tried. The court said that men always seduce, women always the victim – this does not happen now.
What is section 497
Under section 497 of the IPC, if a married man forms a relationship with another married woman, it is an offense. But there is no crime against a married woman in this. The most important thing in this section is that even the husband of a married woman cannot file a case against his wife. In this case, the complainant can file a complaint only with the wife of the man who is related to the married woman.
Under this law, if the accused is proved guilty on the male, he can be sentenced to a maximum of five years. The complaint of this case is not made in any police station, instead, it complains to the magistrate and evidence is presented to the court.
The central government gave these arguments:- The Central Government supported Section 497 of the IPC. The central government said that the Supreme Court has also said that the Zarta marriage is a threat to the institution and it also affects the families.
ASG Pinki Anand had said towards the Central Government that the law should be looked at with the development and change happening in our society and not from the perspective of Western society.