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Keep Adultery a punishable offence : Centre
Why in the news ?
- The Centre submitted that adultery should remain an offence and opposed a petition before the Supreme Court that sought to make men and women equally liable under Section 497 of the Indian Penal Code.
- A Constitution bench of the Supreme Court is re-examining the constitutionality of Section 497 of IPC that incorporates provisions for the adultery law.
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.
- Section 497 of IPC penalizes sexual intercourse of a man with a married woman without the consent of her husband when such sexual intercourse does not amount to rape.
- The Supreme Court in its last submission had said that the provision goes against gender neutrality and treats women like personal property. And had asked centre to submit its arguments.
More on news
- The government submitted that dropping of adultery as an offence from the Indian Penal Code (IPC) will erode the sanctity of marriage and be detrimental to the “intrinsic Indian ethos.”
- Government said the provision punishing adultery — Section 497 of IPC — “supports, safeguards and protects the institution of marriage” considering the “unique structure and culture of Indian society.”
- The Constitution Bench is scheduled to decide on whether the pre-Independence provision of adultery in the IPC treats a married woman as her husband’s “subordinate” and violates the constitutional concepts of gender equality and sensitivity.
- The Constitution Bench to be headed by Chief Justice Misra is likely to consider whether Section 497 treats the man as the adulterer and the married woman as a victim.
