Adultery Is No Longer A Crime, Says The Supreme Court
- ‘adultery not a crime, the law is unconstitutional’, rules SC
- SC strikes down adultery law, on Thursday
- noted down the points of section 497, in the constitution
The Supreme Court on Thursday pronounces its verdict regarding ‘Adultery’. From now adultery is not a crime, said the Supreme Court. ‘Offence of adultery treats women as chattel, dents their dignity’, said the CGI Deepak Mishra.
The Supreme Court had made changes to the 158 years old provision of adultery. The SC struck down the law of adultery, section 497 of Indian Penal Code.
A bench of justice comprises justice RF Nariman, justice AM Khanwilker, justice DY Chandrachud and justice Indu Malhotra, lead by the Chief Justice of India, Deepak Mishra. The bench has pronounced considering the law which affects the equality of women invites the wrath of the constitution.
HOW SUPREME COURT CONSIDERS ADULTERY MATTERS
According to the SC, adultery is a matter of absolute privacy. It is not a criminal offence. The law has found that the women losses individuality after marriage.
Looking at the grounds of the verdicts are, (1) according to the SC, the provision in the IPC and CrPC essentially violates the right to equality and equal protection of the law, (2) secondly, the Court concerns that the this treats women as chattel or the husband is treated as the owner of the wife and that does not goes with the gender quality. (3) at last, the SC marked that both the provisions are not in tune with the human dignity.
In other simple words, for a common man in the matrimonial disputes, alleging for the extramarital relation, no prosecution ever be lodged by any person.
According to the petitioner lawyer, Kaleeswaram Raj answered a question, asked about whether the judgement gives a licence to immortalize the sexual intercourse? The petitioner lawyer transferred the judgement by SC. The SC highlighted that the judgement should not be taken as a licence for any kind of extramarital relation.
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