NEW DELHI: The Supreme Court on Thursday declared the penal provision on adultery unconstitutional, saying it was manifestly arbitrary and dents the individuality of women. A five-judge Constitution bench which comprised of Chief Justice Dipak Misra and Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra was unanimous in holding Section 497 of the Indian Penal Code, as unconstitutional and struck down the penal provision.


Previously, the law entailed a maximum punishment of five years, or with fine, or both.

Section 497 of the 158-year-old IPC 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."

HERE IS WHAT THE FIVE JUDGES SAID IN  THE SUPREME COURT -


Chief Justice Dipak Misra

  • Adultery is not a crime in countries like China, Japan and Australia

  • Unequal treatment of women invites the wrath of the Constitution.

  • Equality is the governing parameter of the Constitution.

  • Adultery might not be the cause of unhappy marriage, it could be result of an unhappy marriage

  • Adultery dents individuality of women


Justice Chandrachud

  • Section 497 destroys and deprives women of dignity.

  • Autonomy is intrinsic in dignified human existence and Section 497 denudes women from making choices and held adultery as a relic of past.

  • The legislature has imposed a condition on the sexuality of women by making adultery as an offence.

  • Section 497 is the denial of a substance of equality.

  • Section 497 is held to be unconstitutional as adultery is manifestly arbitrary.


Justice Indu Malhotra

  • Section 497 is a clear violation of fundamental rights granted in the Constitution and there is no justification for the continuation of the provision.


Justice Khanwilkar

  • We declare Section 497 IPC and Section 198 of CrPC dealing with the prosecution of offences against marriage as unconstitutional.

  • The penal provision is violative of the rights to equality and equal opportunity to women.


Justice Nariman

  • Section 497 as archaic law and concurred with the CJI.


The bench headed by Chief Justice Dipak Misra also said the beauty of the Constitution is that it includes "the I, me and you". Now, adultery can be treated as civil wrong for dissolution of marriage. The verdict was welcomed by several people who said it was a good riddance to an antiquated law, though some experts raised concerns over the judgement.