New Delhi The Supreme Court Thursday declared as unconstitutional the penal provision on adultery.
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.
“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.
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.
Major highlights till now:
Parameters of fundamental rights should include rights of women. Individual dignity important in a sanctified society.System can’t treat women unequally. Women can’t be asked to think what a society desires.
Legal subordination of one sex by another is wrong. Social progression of women & views of Justice Nariman in Triple Talaq case considered. Adultery can be grounds for dissolution of marriage.
Mere adultery can’t be a crime, unless it attracts the scope of Section 306 (abetment to suicide) of the IPC: CJI Dipak Misra reading verdict on the validity of Section 497 (Adultery) of the Indian Penal Code (IPC).
Section 497 (Adultery) of the Indian Penal Code (IPC) is unconstitutional: Chief Justice of India, Dipak Misra
Adultery can be ground for divorce & a person will have civil remedies for it: SC
