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
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.