SC strikes down law on adultery; says it is unconstitutional, dents individuality of women

The Supreme Court Thursday declared that adultery is not a crime and struck down the anti-adultery law, saying it was unconstitutional as it dented the individuality of women and treated them as “chattel of husbands”.
The apex court’s five-judge Constitution bench was unanimous in striking down Section 497 of the Indian Penal Code dealing with the offence of adultery and holding it as manifestly arbitrary, archaic law which is violative of the rights to equality and equal opportunity to women.
Section 497 of the 158-year-old IPC says: “Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery.” Adultery was punishable by a maximum five years in jail or fine or both.A five-judge bench comprising Chief Justice Dipak Misra and Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra said that unequal treatment of women invites the wrath of the Constitution.The top court, which held adultery as a relic of the past, said the autonomy is intrinsic in dignified human existence and Section 497 denudes women from making choices.The apex court pronounced four sets of concurring judgements to declare penal provision on Adultery and section 198 of CrPC dealing with prosecution of offences against marriage as unconstitutional.”We declare Section 497 IPC and Section 198 of CrPC dealing with prosecution of offences against marriage as unconstitutional,” said the Chief Justice, who wrote the judgement for himself and Justice Khanwilkar, adding that any provision treating women with inequality is not constitutional and it’s time to say that “husband is not the master of woman”.Justice Malhotra, the lone woman judge on the bench, said Section 497 is clear violation of fundamental rights granted in the Constitution and there is no justification for continuation of the provision.Justice Nariman termed Section 497 as archaic law and concurred with the CJI and Justice Khanwilkar, saying that the penal provision is violative of the rights to equality and equal opportunity to women.Justice Chandrachud said Section 497 destroys and deprives women of dignity and is destructive of women’s dignity, self-respect as it treats women as “chattel of husbands”.