Stradlater Posted September 27, 2018 Share Posted September 27, 2018 New Delhi: In a victory for equality and the evolution of law, the Supreme Court on Thursday struck down adultery law that only punished a married man for having consensual relations with another woman, as being unconstitutional. The woman was exempted from punishment. Decriminalising it as a criminal offence, Chief Justice Dipak Misra said, “Mere adultery cannot be a crime. But if any aggrieved spouse committed suicide because of life partner’s adulterous relation and evidence is produced, it could be treated as abetment to suicide”. Section 497 of the Indian Penal Code, 1960 that governs adultery was also found to be “arbitrary and violative of Article 14 (right to equality) of the Constitution”. The provision deals with the offence of adultery and imposes culpability on the person who has sexual intercourse with a woman who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man (husband). Noting that marriage being treated as a social institution and Parliament making laws protecting women was not the right approach, the court decriminalized the same. As a result, man and woman will be treated alike under the law. Elaborating on this, CJI Mishra said, “Parameters of fundamental rights should include rights of women. Individual dignity important in a sanctified society. The system cannot treat women unequally. Women can’t be asked to think what a society desires.” The court was hearing a batch of petitions challenging the constitutional validity of the legal provisions governing adultery in India, in so far as it being discriminatory against men. Kaleeswaram Raj and Suvidutt Sundaram, counsels for one of the petitioners, had asserted Section 497 to be in violation of Article 14 (equality before law), 15 (prohibition of discrimination on grounds of religion, caste, sex) and 21 (right to life) of the Constitution of India as it was heavily gender biased. “Criminal law is supposed to be neutral. Section 497 is prejudiced against males and imposes an excessive penalty”, it was submitted. It was also sought that in light of the judgment of the Supreme Court on right to privacy, Section 497 must be looked at from a fresh perspective. Adultery was punishable with imprisonment for a term which may extend to five years, or with fine, or with both. The woman, or wife, is exempted from the purview of this section. ______________ Waise sahi kiya. It was a redundant law based on Victorian ideals of morality. UrmiSinhaRay, abc and beetle 1 2 Link to comment Share on other sites More sharing options...
nikred Posted September 27, 2018 Share Posted September 27, 2018 wow.... I did not know it was considered crime till now. Sent from my Redmi Note 4 using Tapatalk UrmiSinhaRay 1 Link to comment Share on other sites More sharing options...
Moochad Posted September 27, 2018 Share Posted September 27, 2018 Bad decision... 'Hard times create strong men. Strong men create good times. Good times create weak men. And, weak men create hard times.' - Michael Hopf, Those Who Remain sarcastic 1 Link to comment Share on other sites More sharing options...
Alam_dar Posted September 27, 2018 Share Posted September 27, 2018 India is blessed with an enlightened Judiciary. A very good decision indeed. Relationship should only be established upon love and respect, and not upon the husband control or the family control or the society control. GoldenSun, Muloghonto and beetle 3 Link to comment Share on other sites More sharing options...
coffee_rules Posted September 27, 2018 Share Posted September 27, 2018 3 hours ago, nikred said: wow.... I did not know it was considered crime till now. Sent from my Redmi Note 4 using Tapatalk Wife could've gotten the husband arrested for commiting adultery, but husband could only get the wife's lover arrested for the same crime, never the wife., as per this law, which is now atruck down. saik, abc, UrmiSinhaRay and 2 others 2 3 Link to comment Share on other sites More sharing options...
nikred Posted September 27, 2018 Share Posted September 27, 2018 Wife could've gotten the husband arrested for commiting adultery, but husband could only get the wife's lover arrested for the same crime, never the wife., as per this law, which is now atruck down.How come there was no noise on this lopsided law before? Sent from my Redmi Note 4 using Tapatalk UrmiSinhaRay 1 Link to comment Share on other sites More sharing options...
coffee_rules Posted September 27, 2018 Share Posted September 27, 2018 4 minutes ago, nikred said: How come there was no noise on this lopsided law before? Sent from my Redmi Note 4 using Tapatalk Ask the feministas! This was a colonial times law. UrmiSinhaRay 1 Link to comment Share on other sites More sharing options...
nikred Posted September 27, 2018 Share Posted September 27, 2018 Ask the feministas! This was a colonial times law. People are losing their marbles in the comments section of TOI. Looks like majority did not like this decision. Sent from my Redmi Note 4 using Tapatalk UrmiSinhaRay 1 Link to comment Share on other sites More sharing options...
coffee_rules Posted September 27, 2018 Share Posted September 27, 2018 23 minutes ago, nikred said: People are losing their marbles in the comments section of TOI. Looks like majority did not like this decision. Sent from my Redmi Note 4 using Tapatalk http://timesofindia.indiatimes.com/articleshow/65975511.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst UrmiSinhaRay 1 Link to comment Share on other sites More sharing options...
someone Posted September 27, 2018 Share Posted September 27, 2018 An interesting take on it. Overall good decision but yet deep questions remain... UrmiSinhaRay 1 Link to comment Share on other sites More sharing options...
mishra Posted September 27, 2018 Share Posted September 27, 2018 Seems judges have spoken with Conscience UrmiSinhaRay 1 Link to comment Share on other sites More sharing options...
Trichromatic Posted September 27, 2018 Share Posted September 27, 2018 I know some of ICFers will be celebrating today. UrmiSinhaRay 1 Link to comment Share on other sites More sharing options...
velu Posted September 27, 2018 Share Posted September 27, 2018 earlier law was pretty dumb .. UrmiSinhaRay 1 Link to comment Share on other sites More sharing options...
beetle Posted September 27, 2018 Share Posted September 27, 2018 3 hours ago, coffee_rules said: Wife could've gotten the husband arrested for commiting adultery, but husband could only get the wife's lover arrested for the same crime, never the wife., as per this law, which is now atruck down. No....wife had no say in anything. Husband could get wife's lover arrested...if the lover had sex with his wife without his permission. UrmiSinhaRay and dial_100 1 1 Link to comment Share on other sites More sharing options...
beetle Posted September 27, 2018 Share Posted September 27, 2018 2 hours ago, nikred said: People are losing their marbles in the comments section of TOI. Looks like majority did not like this decision. Sent from my Redmi Note 4 using Tapatalk People is the comment sections mostly do not even read the article ...bas bakwaas karte hain. UrmiSinhaRay 1 Link to comment Share on other sites More sharing options...
beetle Posted September 27, 2018 Share Posted September 27, 2018 (edited) 3 hours ago, nikred said: How come there was no noise on this lopsided law before? Sent from my Redmi Note 4 using Tapatalk Because it has not been used for ages. So many cases of adultery happen. When have we ever seen the lover of the wife being sent to jail. Adultery as grounds for divorce is what generally happens. Edited September 27, 2018 by beetle UrmiSinhaRay 1 Link to comment Share on other sites More sharing options...
nikred Posted September 27, 2018 Share Posted September 27, 2018 Because it has not been used for ages. So many cases of adultery happen. When have we ever seen the lover of the wife being sent to jail. Adultery as grounds for divorce is what generally happens.Exactly, I did not know it was considered a crime. Sent from my Redmi Note 4 using Tapatalk UrmiSinhaRay 1 Link to comment Share on other sites More sharing options...
Clarke Posted September 27, 2018 Share Posted September 27, 2018 I felt time & again that the Supreme Court maintains some sort of sanity in the republic. It has its set of weird decisions which reflect of overreach (national anthem, 2 wheeler headlights etc) and polarizing ones (jalikattu etc) but in a majority of cases it is the primary body which brings sense in a country full of disorder. flamy, UrmiSinhaRay, Muloghonto and 2 others 2 3 Link to comment Share on other sites More sharing options...
Kaanda pav kilo milega Posted September 27, 2018 Share Posted September 27, 2018 Iski biwi uske ghar, uski biwi iske ghar. Hum sabziwaala ka mast time pass hoga. UrmiSinhaRay 1 Link to comment Share on other sites More sharing options...
Global.Baba Posted September 27, 2018 Share Posted September 27, 2018 Yay. Thoko Taali I meant :) UrmiSinhaRay 1 Link to comment Share on other sites More sharing options...
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