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Supreme Court declares Adultery law as unconstitutional; Strikes down IPC section 497

Supreme Court in its verdict struck down section 497 and said that it is unconstitutional as it feeds on the concept that women lose their individuality after marriage

Supreme Court declares Adultery law as unconstitutional; Strikes down IPC section 497
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While delivering a judgement on the 150-year-old adultery law, Supreme Court of India on Thursday declared adultery law as “arbitrary” and “unconstitutional”, striking down section 497 of the Indian Penal Code (IPC) that makes adultery a punishable crime for men.

Section 497 deprives women of dignity, equality, and treats women as the property of men after marriage. The top court narrated in its judgment that anything which challenges women with inequality, it is unconstitutional and “husband is not the master of the woman”. The five-judge bench of the Supreme Court said that the adultery law violates Article 21 – Right to life – and Article 14 – Right to equality.  

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The apex court also declared section 198(1) and 198(2) of the Code of Criminal Procedure (CrPC) as unconstitutional. These sections made it possible for a husband to bring charges against the man with whom his wife cheated. However, while pronouncing the judgment, Chief Justice of India (CJI) Dipak Misra said that adultery can still be ground for divorce but it should not be considered as a criminal offence. 

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The apex court further narrated that if any partner kills self because of his/her other half adulterous relation, it can be treated as an abetment to suicide under section 306 of IPC.

The petition filed against the adultery law stated that the law doesn’t treat men and women equally. The petition was heard by five judges including CJI Dipak Misra, Justice RF Nariman, Justice AM Khanwilkar, Justice DY Chandrachud, and Justice Indu Malhotra on August 1 and reserved the verdict.

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