New Delhi: In yet another historical decision, the honorable Supreme Court on Thursday declared as unconstitutional the penal provision on adultery and declared extramarital relationship as legal for society.
In yet another landmark judgement, the Supreme Court on Thursday decriminalised adultery after striking down a British era law, Section 497 of the Indian Penal Code, terming it as unconstitutional, archaic and manifestly arbitrary, with one judge saying women can’t be treated as “chattel”.
Chief Justice Dipak Misra and Justices A M Khanwilkar and R F Nariman held that Section 497 of the Indian Penal Code dealing with the offence of adultery is unconstitutional.
“Mere adultery can’t be a criminal offence. It is a matter of privacy. Husband is not the master of wife. Women should be treated with equality along with men,” Chief Justice Dipak Misra said.
Justice Nariman termed Section 497 as archaic law and concurred with the CJI, Justice Khanwilkar saying that Section 497 is violative of right to equality and right to equal opportunity to women.
“We declare Sec 497 IPC and Sec 198 of CrPC dealing with prosecution of offences against marriage as unconstitutional,” said the CJI and Justice Khanwilkar.
Now married women can establish ‘Extramarital relationship’ as SC made it legal:
Most countries have abolished adultery as a crime. “It shouldn’t be a criminal offence, other people are also involved in it,” Misra said, reading out the judgement, also on behalf of Justice A.M. Khanwilkar.
Earlier this month the apex court had decriminalised same sex offence under Section 377 of the IPC, which was another British era law.
Any discrimination shall invite the wrath of the Constitution, the Chief Justice said, adding that a woman cannot be asked to think about the way society desires her to do.
Justice Rohinton F. Nariman, reading out his judgement, said: “Women can’t be treated as chattel”.
Justice D.Y. Chandrachud in a concurring but separate judgment said society has two sets of morality in sexual behaviour-one for women and another for men.
Society treating women as embodiment of virtue leads to things like honour killings, he said, adding that the archaic law is against dignity, liberty and sexual autonomy guaranteed under the Constitution.
