The Supreme Court of India after the groundbreaking verdict of Section 377 is at it again by striking down Section 497. The 150-year-old Adultery law (section 497) in India has been called ‘unconstitutional’ by the three-judge bench including Chief Justice of India- Dipak Misra and they claimed that it is not a crime anymore.
The law which exists says, as per the Indian Penal Code, a woman cannot be punished for the offence of adultery. Only a man who has consensual sexual intercourse with the wife of another man without his consent can be punished under this offence.
Here are the key takeaways of the Supreme Court judgement:
- Women’s individual dignity is important, says Chief Justice of India- Dipak Misra
- Mere adultery can’t be a crime, unless it attracts the scope of Section 306 (abatement to suicide) of the IPC: Dipak Misra
- Adultery can be grounds for divorce, but not a crime: CJI Dipak Misra
- Justice Indu Malhotra, the only woman in the bench, says Section 497 is clear violation of fundamental rights granted in Constitution.
- Any provision treating woman with inequality is not constitutional: CJI Dipak Misra
- Society has two standards for judging sexual behaviour: Supreme Court
- The law disregards sexual autonomy which every woman possess and is subjugated to the will of her spouse: Supreme Court
- Adultery treats a married woman as the ‘property’ of their husband which is why it is the only provision in the penal code that treats men and women differently: Supreme Court