Is Adultery Punishable Offense? Know IPC Section 497
What is Adultery Law?
The Supreme Court abolished Section-497 IPC, keeping the adultery out of the preview of crime. Chief Justice Deepak Mishra said that the time has come to say that the husband is not the owner of the wife. Women have their dignity and respect which is uppermost. The five-judge constitution bench headed by Chief Justice of Supreme Court Dipak Misra has Justice R.F. Nariman, Justice D.Y. Chandrachud, Justice Indu Malhotra and Justice AM Khanvilkar heard this decision.
What is Section 497 of IPC?
Under Section 497 of the IPC, if a married man has a physical relationship with another married woman with his consent, the husband of the said woman can file a case against that man. However, the husband cannot take action against his wife.
On the other hand, the wife of a man whose relationship was with another woman also cannot register a case or complaint against the woman while she can take action against her husband.
Not only this, but their relatives also cannot complain against man and woman.
This is the whole case
Joseph Sain, a non-resident Indian from Kerala, filed a petition in the Supreme Court challenging the constitutionality of Section 497 of the IPC. Joseph's petition was accepted by the court for hearing in December 2017 and the case was referred to the Constitution Bench in January this year On which the court has given its verdict today.
Government's argument on Section-497
The Supreme Court had also asked the Center for an opinion on the matter, on which the government argued that adultery was a threat to the institution of marriage. The Center had said that this would affect the families. Additional Solicitor General Pinky Anand, who appeared in the court on behalf of the Center, had said that changes are taking place in our country and society, the attitude of the people is also changing, but this does not mean that a decision should be taken from the perspective of Western countries. And the law should be made.
Special court notes
CJI Mishra and Justice Khanwilkar said, "We declare Section 497 of the IPC and Section 198 of the CrPC unconstitutional relating to the crime against marriage."
Justice Nariman agreed with the verdict stating section 497 as archaic law.
Section 497 violates the right to equality and the right to equal opportunity for women.
In the case of adultery, there is no justification for sending a person to jail for five years.
Adultery is not a crime in countries like China, Japan and Australia.
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