Supreme Court quashes Section 497, says 'Adultery not a criminal offence'

Adultery law: The Supreme Court also asserted that there can't be any social licence which destroys a home

The Supreme Court of India pronouces its judgment on adultery. PTI Photo

New Delhi: Supreme Court on Thursday pronounced its judgment on constitutional validity of penal provision of adultery and ruled that “Adultery can be treated as civil wrong for dissolution of marriage, but not criminal offence”. While pronouncing its judgment, the apex court said “Equality is the governing principle of a system. Husband is not the master of the wife”. The court further said that “There can't be any social license which destroys a home”. The apex court's five-judge bench headed by Chief Justice Dipak Misra said the beauty of the Constitution is that it includes "the I, me and you". The court also quashed CrPc 192.

• Section 497 is held to be unconstitutional as adultery is manifestly arbitrary: SC
• Section 497 destructive of women's dignity, self-respect as it treats women as chattel of husband: SC
• Adultery is not a crime in countries like China, Japan and Australia: CJI
• Adultery dents individuality of women: CJI
• Adultery might not be cause of unhappy marriage, it could be result of an unhappy marriage: CJI

The apex court is dealing with section 497 of the 158-year-old Indian Penal Code says: "Whoever has sexual intercourse with a person 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, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery. The Centre had favoured retention of penal law on adultery, saying that it is a public wrong which causes mental and physical injury to the spouse, children and the family. Speaking on Supreme Court order, social activist Abha Singh said, "Court did not speak on what would happen to the children of the families who would suffer as  a result of adultery. She further said, "It would have been better if could would have retained 497 and would have given equal rights to men and women". "It is an action willingly and knowingly done with the knowledge that it would hurt the spouse, the children and the family. Such intentional action which impinges on the sanctity of marriage and sexual fidelity encompassed in marriage, which forms the backbone of the Indian society, has been classified and defined by the Indian State as a criminal offence in exercise of its Constitution powers," the Centre had said.