Adultery not a crime: Indian Supreme Court

International Desk: Adultery is not a crime even though, "without a shadow of doubt", it can be grounds for divorce, the Supreme Court of India said, scrapping a 158-year law that punished a man for an affair but not the woman, treating her as "property".

"A man having sexual intercourse with a married woman is not a crime," said Chief Justice Dipak Misra, calling the Victorian adultery law arbitrary.

Three judges in a five-member constitution bench held that making adultery a crime is retrograde and would mean "punishing unhappy people".

Most countries have abolished law against adultery, the court said.

"Any law which affects individual dignity, equity of women in a civilised society invites the wrath of the Constitution," Justice Misra said, reading out the verdict.

"Any provision treating woman with inequality is not constitutional," Justice Misra said. The wife can't be treated as chattel, said the court.

The centre had defended the law saying adultery must remain a crime so that the sanctity of marriage can be protected, after a petition called for the law to be scrapped as it does not treat men and women equally.

The bench declared Section 497 IPC and Section 198 of Criminal Procedure Code dealing with prosecution of offences against marriage as “unconstitutional.

Justice Nariman termed Section 497 as an archaic law and concurred with the Chie Justice and Justice Khanwilkar that Section 497 is violative of right to equality and right to equal opportunity to women.

Adultery is no longer a crime in India even though, "without a shadow of doubt", it can be grounds for divorce, the bench said scrapping the law that punished a man for an affair but not the woman treating her as property.

The chief justice said adultery might not be the cause of an unhappy marriage, it could be the result of an unhappy marriage.

The judges noted that most countries had abolished laws against adultery. Making adultery a crime is retrograde and would mean "punishing unhappy people", said Justice Misra.

Source: Agencies


risingbd/Sept 27, 2018/Mukul