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Adultery is not a crime : Supreme Court
Why is it in the news ?
- The Supreme Court unanimously struck down Section 497 of the Indian Penal Code that makes adultery a punishable offence for men.
- Supreme Court said the 158-year-old law was unconstitutional and fell foul of Article 21 (Right to life and personal liberty) and Article 14 (Right to equality).
More in the news
- The apex court also declared Section 198(1) and 198(2) of the CrPC, which allows a husband to bring charges against the man with whom his wife committed adultery, unconstitutional.
- The court said while adultery could be a ground for civil issues, including dissolution of marriage, it could not be a criminal offence.
- However, if any aggrieved spouse ended her life because of her partner’s adulterous relation, it could be treated as an abetment to suicide if evidence was produced.
- In India the offence of adultery was so far punishable under Section 497 of the Indian Penal Code (IPC), 1860.
- The petition seeking the repeal of Section 497 IPC was filed by a non-resident Keralite — Joseph Shine — who termed the law as unjust, illegal and arbitrary and violative of citizens’ fundamental rights.
Opinions of Judges constituting the Bench
What is Adultery ?
- Adultery means voluntary sexual intercourse of a married person other than with spouse.
- The legal definition of adultery however varies from country to country and statute to statute.
- While at many places adultery is when a woman has voluntary sexual intercourse with a person other than her husband, at other places adultery is when a woman has voluntary sexual intercourse with a third person without her husband’s consent.
Source
The Hindu, Indian Express.