Supreme Court rules out Section 497 in landmark judgment, Adultery not a crime
After the Supreme Court came out with the verdict of decriminalising homosexuality that received much praise from people all over the country, it is time for another verdict by the Supreme Court. The Supreme Court today decided to do away with adultery which punished a man who has an affair with a woman “without the consent or connivance of” her husband, with five years in jail or fine or both. The woman was seen as the victim here and there was no punishment for her.
Five most senior Supreme Court judges called the Victorian adultery law — Section 497 of the Indian Penal Code, arbitrary and also stood up for gender justice. They also made it very clear that “the husband is not the master of the wife”.
According to NDTV, Chief Justice of India Dipak Misra said:
“The wife can’t be treated as chattel and it’s time to say that husband is not the master of woman“
“There can’t be any social licence which destroys a home.”
In most countries, adultery is not a crime and according to justice Misra, making it a crime would mean “punishing unhappy people”.
As he began reading out the verdict, the Chief Justice remarked that the beauty of the constitution is it includes “the I, me and you” and “any law which dents individual dignity and equity of women in a civilised society invites the wrath of the constitution.”
The judges understood that the law denied “woman from making choices”. The Chief Justice put forward a very important point by saying that adultery might not be the cause of an unhappy marriage but a result of one.
The judges said:
“In case of adultery, criminal law expects people to be loyal which is a command which gets into the realm of privacy”
So we feel that it is back to back right decisions by the Supreme Court and everyone should have the right to make their own choices. Let us know what you think about the decision in the comments section below.