Supreme Court Section 497 In English | Latest Burning Issues

Table of Contents

UPSC PRELIMS 2002

In the Indian Constitution the Right to Equality is granted by five articles They are:

A)Article 13 to Article 17

B)Article 14 to Article 18

C)Article 15 to Article 19

D)Article 16 to Article 20

ANSWER – B

Article 14 (Equality before law)
Article 15 (Prohibition of discrimination on the grounds of religion, race, caste, sex or place of birth)
Article 16 (Equality of opportunities in matters of public employment)
Article 17 (Abolition of Untouchability)
Article 18 (Abolition of titles)

WHAT JUST HAPPENED?

A five-judge Constitution bench was unanimous in holding Section 497 of the Indian Penal Code, dealing with the offence of adultery, as unconstitutional and struck down the penal provision.
The bench comprising Chief Justice Dipak Misra and Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra held that Section 497 is unconstitutional. The CJI and Justice Khanwilkar said: “We declare Section 497 IPC and Section 198 of CrPC dealing with prosecution of offences against marriage as unconstitutional”.

BASICS – MARRIAGE

MORALITY नैतिकिा

ADULTERY LAW IN INDIA

Section 497 of the Indian Penal Code was dealing with Adultery. As per the Indian law, a woman cannot be punished for the offence of adultery. Only a man who has consensual sexual intercourse with the wife of another man without his consent can be punished under this offense in India.

SECTIONS IN CONTENTION

Section 497 gave a husband the exclusive right to prosecute his wife’s lover. A similar right was not conferred on a wife to prosecute the woman with whom her husband has committed adultery. Secondly, the provision did not confer any right on the wife to prosecute her husband for adultery.
Section 198 (2) the Criminal Procedure Code The code allowed a husband to bring charges against the man with whom his wife has committed adultery.

HERE ARE THE MAIN HIGHLIGHTS OF THE VERDICT:

CJI Dipak Misra said adultery can be a ground for divorce but not a criminal offence.
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.
The bench held that adultery can be treated as civil wrong for dissolution of marriage.
Delivering its judgement, the SC said that unequal treatment of women invites the wrath of the Constitution.

OBSERVATIONS OF THE SC

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.

OBSERVATIONS OF THE SC

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

OBSERVATIONS OF THE SC

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.

NOTES

The five-judge bench of the Supreme Court said the 158-year-old law was unconstitutional and fell foul of Article 21 (Right to life and personal liberty) and Article 14 (Right to equality).

ARTICLES

Article 14 reads as follows: “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”
Article 15 reads as follows: “The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.