Adultery Is No More A Crime In India, SC Holds Law Unconstitutional, Bats For Gender Equality

The Supreme Court on Thursday scrapped Section 497 (adultery) of the Indian Penal Code, which punished a married man only for having a consensual sexual relationship with a married woman without the consent or connivance of her husband. Here are the main highlights of the verdict:

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* Delivering its judgement, the SC said that unequal treatment of women invites the wrath of the Constitution.

* The five-judge bench headed by CJI Dipak Misra said the beauty of the Constitution is that it includes "the I, me and you".

* CJI Misra said adultery can be a ground for divorce but not a criminal offence.

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* He added equality is the governing principle of a system and that a husband is not the master of the wife.

* The CJI said section 497 of the IPC is manifestly arbitrary the way it deals with women.

* Justice R F Nariman agreed with CJI Misra and justice Khanwilkar to term section 497 an archaic provision, which is unconstitutional.

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* CJI Misra and justice Khanwilkar said mere adultery cannot be a crime, but if any aggrieved spouse commits suicide because of life partner's adulterous relation, then if evidence produced, it could be treated as an abetment to suicide.

* Justice D Y Chandrachud called adultery offence as a relic of past and said section 497 is destructive of woman's dignity and self respect as it treats woman as a chattel of husband.

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* Justice Chandrachud, in a section of judgement titled 'good wife', said in the most private zone choice is important and sexuality cannot be dissected from desire. Section 497 deprives women their choice about sexuality and hence it is unconstitutional.

* Justice Chandrachud added that a woman after marriage does not pledge her sexual autonomy to her husband and depriving her of choice to have consensual sex with any one outside marriage cannot be curbed.

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* Justice Indu Malhotra, the lone woman judge in the constitution bench, too termed Section 497 as unconstitutional.

* However, justice Malhotra said adultery is a moral wrong contrasting it with justice Chandrachud's view that each spouse in marriage don't mortgage their sexual autonomy to each other.