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In adultery, both sides are equally responsible for this: Supreme Court

Thursday - August 2, 2018 3:54 pm , Category : WTN SPECIAL

Historic hearing on adultery case

AUG 02 (WTN) - The Indian Constitution gives everyone the right to equality. In the case of justice, there is also right to equality. But these days Section 497 of the Indian Penal Code is being challenged. The petitioner against the code argues that section 497 of the IPC is different from the principle of equality. For your information, let you know that section 497 of IPC is related to ‘adultery’.

Here, Chief Justice Deepak Misra, while hearing the petition challenging section 497 of the IPC regarding adultery, has said, “Both sides are equally responsible for this.” In this case, the Supreme Court says, "If a married woman makes a relation with a married man, then why only man is guilty? While the woman is also responsible for the crime.”

The Supreme Court was surprised and said, "If unmarried man makes a physical relationship with a married woman, then he is not guilty of adultery." The court said, "Maintaining the sanctity of marriage is the responsibility of both husband and wife." Court said, "Under section 497 of the IPC, it is a unique provision of the IPC to treat only men guilty of adultery, in which only one party is considered guilty."

At the same time the court was shocked and said, "If a married man makes a relationship with the consent of the married woman's husband, then that is not a crime. Does this mean that the woman has the personal ownership of her that she wishes to do so?" 

Earlier, the Constitution Bench of five judges, headed by Chief Justice Deepak Misra, said, "It will not touch the law to make adultery guilt for women.” The bench said, "We will examine whether based on article 14, Section 497 of the Indian Penal Code should remain in the category of crime or not?" 

The Supreme Court dismissed the demand of Additional Solicitor General Pinki Anand to hand over this case to the bench of seven judges. The bench said, "These issues are different from what the bench of five judges considered in 1954." The bench said, "The bench of five judges had considered this issue in 1954 whether any woman can be considered as an abettor? But the current petition is completely different from that." The bench said," There is also a basis for divorce, and other civil remedies are also available in various laws besides this." The bench said, "Therefore, we will examine whether there is a need to remain adultery in the category of crime."
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