According to the Indian Penal Code or IPC Section 497, if someone has sexual intercourse with a person who is the wife of another man, without the consent of that man, it will be the offence of adultery.On Aug 2, The Supreme Court said, “The law seems to be pro-women but is anti-women in a grave ostensible way. As if with the consent of the husband, the wife can be subjected to someone else’s desire. That’s not Indian morality.” In addition to this statement,the Supreme Court also states that”Each partner of the marriage has equal responsibility. Why should the woman take more load than the man? That is the reason we call it archaic.”
What is IPC Section 497?
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As discussed earlier, if a man has sexual intercourse with a married woman and her husband is unaware, then the man will be punished by IPC Section 497. He could be imprisoned for 5 years or more and has to pay a fine.
What is Adultery?
According to the dictionary, the meaning of this word is “voluntary sexual intercourse between a married man and a woman who is not their spouse.”
What Supreme Court Says About IPC Section 497?
The judges said that it violated Articles 14 and 21 of the IIPC.
According to the justices, “This law is ground for civil issues that include dissolution of marriage, but should not be a part of a criminal offence.”
Justice DY Chandrachudsaid that “Adultery could destroywomen of dignity.”
However, CJI Misra said that “men and women should be treated equally. Womenare not supposed to think the way society desires.”
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