Adultery Is No More A Crime

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By admin April 23, 2019 19:36

Supreme Court declared the penal provision (section 497) on adultery as unconstitutional thus scraped 158 year old law.

What does adultery mean?

  • The adultery means voluntary sexual intercourse of a married person other than with the spouse. However, the legal definition of the adultery, however, varies from country to country and also statute to statute. While at many places the adultery is when any woman has voluntary sexual intercourse with the person other than her husband, and at other places, adultery is when any woman has voluntary sexual intercourse with the third person without her husband’s consent.

Section 497 of IPC

  • According to section 497 of IPC, the only man will punishable for the offense of the Adultery. But, if the wife betrays or cheats her husband, then she will not be punished at all.

Committee Recommendation

Well, the Report of the Mali math Committee on the Criminal Justice Reforms and also the 42nd Report of the Law Commission of India recommended redefining the Section 497 to make women’s also punishable for the adultery.

Supreme Court View

  • The adultery can be a ground for the divorce but not a criminal offense.
  • Furthermore, the mere adultery is not a crime, but if any aggrieved spouse commits suicide because of their life partner’s adulterous relation, then if the evidence produced, it could be treated as an abetment to the suicide.
  • However, the unequal treatment of women invites the wrath of the Constitution.
  • Equality is the governing principle of the system and that a husband is not the master of his wife.
  • Moreover, the woman’s after marriage does not pledge her sexual autonomy to her husband and also depriving her of choice to have consensual sex with anyone outside marriage cannot be curbed.

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admin
By admin April 23, 2019 19:36