Supreme Court declares Section 497 of IPC unconstitutional, adultery is not a crime
Thursday - September 27, 2018 12:46 pm ,
Category : WTN SPECIAL
Supreme Court clears, “wife is not husband's property”
Right to equality is the most important; Section 497 of IPC is against that: Supreme Court
SEP 27 (WTN) - In one of its historic decision, the Supreme Court declared 158 year old IPC Section 497 as unconstitutional. As soon as this Section is over, the adultery, consent physical relationship between man and woman after marriage, will never be crime in India. In the Supreme Court, the bench of five judges unanimously abolished Section 497 of fornication. Judge Indu Malhotra, member of the bench, said, "I dismiss Section 497."
In this case, the Supreme Court said, "This law is 158 years old; we can’t go back to the time machine. It may be the time when this law is made, it is important, but now the time has changed, no one can be sent to jail to choose a new companion."
Chief Justice Dipak Misra and Justice Khanvilkar said, "Fornication can’t be crime." The court said, "In many countries like China, Japan and Australia, adultery is no crime now." Court cleared that Section 497 gives arbitrary rights.
In its historic judgment, the Supreme Court said, "The husband isn’t his wife’s lord; the dignity of the woman is the highest. Any behavior against women's honor is wrong. The wife takes care of the need of husband and children for 24 hours."
Bench member Justice Rohinton Nariman said, "The right to equality is the most important. The law can’t discriminate against women. It isn’t necessary that men always drag women towards such relationships, time has changed."
The court further said, "Fornication isn’t a crime in itself. If there is a situation like suicide or some other crime, then it can be seen as an amendment."
For your information let you know that Joseph Shine of Kerala, who filed a petition in the Supreme Court, said Section 497 of IPC was incorrect in terms of constitution. According to the petitioner, the law giving punishment for adultery for up to five years violates the fundamental right of equality. It was said in the petition that Section 497 of the IPC is being sued by a man who is related to a married woman, the woman doesn’t succumb to the punishment, nor is she punished.
Under Section 497 of the IPC, the law authorizes the husband to sue against a man who is related to his wife, but if the husband makes a relation with a woman, then the right to complain to the wife doesn’t make it legal. In this case, the petitioner also said, “According to this Section, it is a crime to have a relationship with his wife without the permission of the husband, that is, in this way; the law is like wife is property of husband.”
During the hearing in this entire case, the government had asked the court to dismiss the petition. The government had argued that this Section is essential to save the institution like marriage. The Government has said that they are considering themselves on the necessary changes in Section 497 of IPC, as the matter is currently under the Law Commission, so the Supreme Court shouldn’t interfere in this matter.
During the hearing of this case, the demand for cancellation of the entire Section was sought and it was said that such a relation is the basis of divorce; therefore it should be treated like a civil case. It is unnecessary to see it as a crime and to send someone to jail.
After the Supreme Court's decision, after the marriage in India, the physical relationship made by the husband and wife with any other with consent is no longer a crime. But after this decision it is natural to have a lot of discussion on this. Marriage is considered a sacred bond in India. In India, the punishment for the man who violates this sacred bond seems normal to society. But the question arises that if both men and women have done something with consent, and then is it just right to punish only man for this?
The Government has already said that it is necessary for this Section to save the institution like marriage. Now, while the Supreme Court has cleared in its judgment that Section 497 of the IPC is against the right to equality and after the marriage, the physical relationship made by the spouse with consent from any other person doesn’t fall under the category of crime. What is the stand of the government after this decision of the Supreme Court? Let’s see.
SEP 27 (WTN) - In one of its historic decision, the Supreme Court declared 158 year old IPC Section 497 as unconstitutional. As soon as this Section is over, the adultery, consent physical relationship between man and woman after marriage, will never be crime in India. In the Supreme Court, the bench of five judges unanimously abolished Section 497 of fornication. Judge Indu Malhotra, member of the bench, said, "I dismiss Section 497."
In this case, the Supreme Court said, "This law is 158 years old; we can’t go back to the time machine. It may be the time when this law is made, it is important, but now the time has changed, no one can be sent to jail to choose a new companion."
Chief Justice Dipak Misra and Justice Khanvilkar said, "Fornication can’t be crime." The court said, "In many countries like China, Japan and Australia, adultery is no crime now." Court cleared that Section 497 gives arbitrary rights.
In its historic judgment, the Supreme Court said, "The husband isn’t his wife’s lord; the dignity of the woman is the highest. Any behavior against women's honor is wrong. The wife takes care of the need of husband and children for 24 hours."
Bench member Justice Rohinton Nariman said, "The right to equality is the most important. The law can’t discriminate against women. It isn’t necessary that men always drag women towards such relationships, time has changed."
The court further said, "Fornication isn’t a crime in itself. If there is a situation like suicide or some other crime, then it can be seen as an amendment."
For your information let you know that Joseph Shine of Kerala, who filed a petition in the Supreme Court, said Section 497 of IPC was incorrect in terms of constitution. According to the petitioner, the law giving punishment for adultery for up to five years violates the fundamental right of equality. It was said in the petition that Section 497 of the IPC is being sued by a man who is related to a married woman, the woman doesn’t succumb to the punishment, nor is she punished.
Under Section 497 of the IPC, the law authorizes the husband to sue against a man who is related to his wife, but if the husband makes a relation with a woman, then the right to complain to the wife doesn’t make it legal. In this case, the petitioner also said, “According to this Section, it is a crime to have a relationship with his wife without the permission of the husband, that is, in this way; the law is like wife is property of husband.”
During the hearing in this entire case, the government had asked the court to dismiss the petition. The government had argued that this Section is essential to save the institution like marriage. The Government has said that they are considering themselves on the necessary changes in Section 497 of IPC, as the matter is currently under the Law Commission, so the Supreme Court shouldn’t interfere in this matter.
During the hearing of this case, the demand for cancellation of the entire Section was sought and it was said that such a relation is the basis of divorce; therefore it should be treated like a civil case. It is unnecessary to see it as a crime and to send someone to jail.
After the Supreme Court's decision, after the marriage in India, the physical relationship made by the husband and wife with any other with consent is no longer a crime. But after this decision it is natural to have a lot of discussion on this. Marriage is considered a sacred bond in India. In India, the punishment for the man who violates this sacred bond seems normal to society. But the question arises that if both men and women have done something with consent, and then is it just right to punish only man for this?
The Government has already said that it is necessary for this Section to save the institution like marriage. Now, while the Supreme Court has cleared in its judgment that Section 497 of the IPC is against the right to equality and after the marriage, the physical relationship made by the spouse with consent from any other person doesn’t fall under the category of crime. What is the stand of the government after this decision of the Supreme Court? Let’s see.
