• About us
  • Contact us
  • Our team
  • Terms of Service
Friday, March 20, 2026
Kashmir Images - Latest News Update
Epaper
  • TOP NEWS
  • CITY & TOWNS
  • LOCAL
  • BUSINESS
  • NATION
  • WORLD
  • SPORTS
  • OPINION
    • EDITORIAL
    • ON HERITAGE
    • CREATIVE BEATS
    • INTERALIA
    • WIDE ANGLE
    • OTHER VIEW
    • ART SPACE
  • Photo Gallery
  • CARTOON
  • EPAPER
No Result
View All Result
Kashmir Images - Latest News Update
No Result
View All Result
Home NATION

Adultery no longer a criminal offence; SC scraps Section 497 of IPC

Agencies by Agencies
September 28, 2018
in NATION
A A
0
Adultery no longer a criminal offence; SC scraps Section 497 of IPC
FacebookTwitterWhatsapp

NEW DELHI: A five-judge Constitution Bench of the Supreme Court, led by Chief Justice of India (CJI) Dipak Misra, on Thursday scrapped the pre-Independence provision of adultery in the Indian Penal Code (IPC), which treats a married woman as a commodity owned by her husband.

Section 497 (adultery) gives a husband the exclusive right to prosecute his wife’s lover. If found guilty, the adulterer faces five years behind bars.

More News

India denounces strikes on West Asian gas hubs as ‘unacceptable’; Modi speaks to leaders of France, Oman, Malaysia

‘Reactive, politically driven’: BJP slams Rahul Gandhi’s comments on West Asia conflict

Congress says higher education Bill violative of federal structure, raises 7 ‘serious concerns’

Load More

A similar right is not conferred on a wife to prosecute the woman with whom her husband has committed adultery. Secondly, the provision does not confer any right on the wife to prosecute her husband for adultery. Further, Section 497 does not take into account cases where the husband has sexual relations with an unmarried woman.

Chief Justice Misra, in an opinion for himself and Justice A.M. Khanwilkar, held that criminalising adultery is “absolutely, manifestly arbitrary and unconstitutional”.

Adultery may not be the cause of an unhappy marriage, but a result after all. It would be tantamount to punishing people who lived in an unhappy marriage, he observed.

“Attaching criminality to adultery is going too far… a retrogade step.” Of course, adultery can be a ground for a civil remedy – dissolution of marriage, he wrote.

Justice Rohinton F. Nariman said Section 497  was based on a chauvnistic notion. This was clear from the fact that the cuckolded husband’s connivance removes the element of criminality in an adulterous relationship.

The archaic provision — over 150-years old —  is a relic of the past, brought in much before the Constitution introduced the fundamental rights of equality, liberty and dignity. Women are treated as “chattel” of the husband. A law founded on the “ancient” notion of man as seducer and woman as his victim needs to be thrown out, Justice Nariman said in no uncertain terms, concurring with the main opinion of the CJI.

In his separate opinion, Justice D.Y. Chandrachud championed the sexual autonomy of women within marriage. Partners in marriage should have respect for each other’s sexual autonomy. This respect blooms from the respect for each other, he observed.

A woman has sexual autonomy within marriage. Marriage does not mean ceding autonomy of one to the other. Ability to make sexual choices is essential to human liberty. Even within private zones, an individual should be allowed her choice.

Society imposes impossible virtues on a woman. Raises her to a pedestal. Confines her to spaces. Treats her as objects capable of being punished and says she should be pure, but has no qualms to rape her, assault her, commit female foeticide, discriminate against her within a home, Justice Chandrachud said.

His concurring opinion transcended from a mere quashing of Section 497 to a judicial document on the discursive struggle of women against patriarchy. One of the headings is ‘The Good Wife’ who has no reason to complain even if her husband has a relationship with another woman.

Justice Indu Malhotra, reading her opinion (the last on the Bench), held that Section 497 based on the Doctrine of Coverture, which holds that a woman loses her identity and legal right with marriage, is violative of her fundamental rights. This doctrine is not recognised by the Constitution

Any law which affects individual dignity, equity of women in a civilised society invites the wrath of the Constitution… a woman’s individual dignity cannot be treated as an annexe to the main building.

The judgment comes on a petition filed by Kerala based Joseph Shine, represented by advocates Kaleeswaram Raj and M.S. Suvidutt, seeking a declaration of Section 497 as unconstitutional.

Previous Post

Trump takes aim at Iran, China at UN Security Council

Next Post

JK’s first int’l skill, upskilling training prog for startups begins at Srinagar

Agencies

Agencies

Related Posts

India denounces strikes on West Asian gas hubs as ‘unacceptable’; Modi speaks to leaders of France, Oman, Malaysia

June 6 is a special day for entire J&K: PM
March 19, 2026

New Delhi:  As fresh attacks on West Asian gas hubs triggered global concerns, India on Thursday said the strikes are...

Read moreDetails

‘Reactive, politically driven’: BJP slams Rahul Gandhi’s comments on West Asia conflict

BJP hails PM Modi, says India isolated Pakistan diplomatically
March 19, 2026

New Delhi: The BJP on Thursday slammed Congress leader Rahul Gandhi for his comments on the US-Israel and Iran conflict,...

Read moreDetails

Congress says higher education Bill violative of federal structure, raises 7 ‘serious concerns’

8 oppn-ruled states demand mechanism to ensure GST rate cut benefits get passed on to consumers
March 19, 2026

New Delhi:  The Congress on Thursday expressed serious concerns over the new Viksit Bharat Shiksha Adhishthan (VBSA) Bill, alleging that...

Read moreDetails

‘India deserves a better LoP’: BJP slams Rahul for ‘endorsing’ USCIRF report seeking to ban RAW, RSS

BJP slams Rahul Gandhi for his remarks at seminar in Colombia
March 18, 2026

New Delhi:  The BJP on Wednesday accused Congress leader Rahul Gandhi of being hell-bent on siding with anti-India forces, citing...

Read moreDetails

‘Rs 1000 EPF pension a joke’: Congress slams govt after Parliamentary panel report

8 oppn-ruled states demand mechanism to ensure GST rate cut benefits get passed on to consumers
March 18, 2026

New Delhi: The Congress on Wednesday attacked the government after a Parliamentary panel recommended an urgent review of the Rs...

Read moreDetails

Rajya Sabha bids farewell to retiring members

Parliament’s Monsoon session ends: Lok Sabha, Rajya Sabha adjourned sine die
March 18, 2026

New Delhi: Rajya Sabha members on Wednesday bid farewell to retiring colleagues, highlighting cross-party camaraderie and expressing confidence that they...

Read moreDetails
Next Post
JK’s first int’l skill, upskilling training prog for startups begins at Srinagar

JK’s first int’l skill, upskilling training prog for startups begins at Srinagar

  • About us
  • Contact us
  • Our team
  • Terms of Service
E-Mailus: kashmirimages123@gmail.com

© 2025 Kashmir Images - Designed by GITS.

No Result
View All Result
  • TOP NEWS
  • CITY & TOWNS
  • LOCAL
  • BUSINESS
  • NATION
  • WORLD
  • SPORTS
  • OPINION
    • EDITORIAL
    • ON HERITAGE
    • CREATIVE BEATS
    • INTERALIA
    • WIDE ANGLE
    • OTHER VIEW
    • ART SPACE
  • Photo Gallery
  • CARTOON
  • EPAPER

© 2025 Kashmir Images - Designed by GITS.