'Husband Is Not Master Of Woman': SC Says Adultery Not A Crime

The more than century-old law prescribed that any man who slept with a married woman without her husband's permission had committed adultery a crime carrying a five-year prison term

The more than century-old law prescribed that any man who slept with a married woman without her husband's permission had committed adultery a crime carrying a five-year prison term

The Centre had favoured retention of penal law on adultery, saying that it is a public wrong which causes mental and physical injury to the spouse, children and the family.

Making adultery a crime is retrograde and would mean "punishing unhappy people", said Justice Misra.

What do you make of the Supreme Court verdict?

"Protecting marriage is the responsibility of the couple involved. Patriarchal control over women's body unacceptable", she tweeted.

As Anand insisted that the penal provision should stay to punish adultery, which was a threat to the sanctity of marriage, the CJI had said in a lighter vein the offence of adultery "is like a man calling his wife's paramour home and getting him arrested for trespass".

"Excellent decision to de-criminalise adultery".

"Man being the seducer and women being the victim no longer exits".

Justice Chandrachud said Section 497 destroys and deprives women of dignity and is destructive of women's dignity, self-respect as it treats women as "chattel of husbands".

The court also struck down part of Section 198 of the Criminal Procedure Code dealing with adultery, LiveLaw reported. He has presided over a bench that made privacy a fundamental right, and another that struck down a law allowing the Muslim practice of "instant" divorce previous year, widely seen as improving the rights of Muslim women. "They are not in any way situated differently than men", his petition said.

"It was an outdated law which should have been removed long back", said Rekha Sharma, chairwoman of the National Commission for Women, speaking about the law to Asian News International.

Eden Hazard the hero vs Liverpool Spurs Arsenal advance in Carabao Cup
We have got to try and beat Liverpool on Saturday". "He's remarkable", he added. The atmosphere is fantastic, from the Chelsea fans also who were awesome.

In his 45-page petition, Shine liberally quotes from American poet Ralph Waldo Emerson, women rights activist Mary Wollstonecraft and former UN Secretary General Kofi Annan on gender equality and the rights of women.

The law basically said that, whoever has sexual intercourse with someone else's wife, without the husband's consent, is guilty of the offence of adultery. The next two rulings upheld the law to protect the sanctity of marriage. The Victorian law had also faced flak for treating a woman as the property of a man. Instead, the man was considered to be a seducer. Adultery presently entails imprisonment for a term which may extend up to five years, or fine, or both. Secondly, the provision does not confer any right on the wife to prosecute her husband for adultery. "These charges could never be proved, but ended up smearing the reputations of their estranged or divorced partners", he told the BBC.

"Adultery can not and should not be a crime".

Seeking dismissal of Shine's plea, the MHA referred to the Justice Malimath Committee report suggesting reforms in the criminal justice system and making Section 497 gender-neutral. It was questioned whether a sexual act between consenting adults, albeit not prescribing to conventional notions of morality, could be treated as a criminal offence. In fact, Indonesia is drafting laws that prohibit all consensual sex outside the institution of marriage.

The court has said, however, that the judgment is not to be understood as a license to have extramarital relations.

Most countries have abolished law against adultery, the court added. "Legal sovereignty of one sex over another is wrong".

The apex court added that "without a shadow of doubt", it can still be grounds for divorce.

Earlier this month the apex court had decriminalised same sex offence under Section 377 of the IPC, which was another British era law. The Supreme Court alone sees an average daily footfall of 10,000 now - over ten times the number in 1950 - with no corresponding increase in space. "Stability of marriages is not an ideal to be scorned".

"A law that does not give women the right to sue her adulterer husband and can't be herself sued if she commits adultery is unequal treatment and militates against her status as an individual separate entity".

"The society abhors marital infidelity".

Recommended News

  • Karan Johar announces epic cast of the biggest blockbuster Film ever!

    Karan Johar announces epic cast of the biggest blockbuster Film ever!

    We wonder what the gang had come together for? Meanwhile, Aamir Khan's " Thugs of Hindostan " will be hitting cinemas in November. The picture was clicked at Ranbir Kapoor's Mumbai residence showcasing all celebrities smiling widely to the camera.
    Amazon Alexa DOWN: Echo smart speakers not working after major Amazon outage

    Amazon Alexa DOWN: Echo smart speakers not working after major Amazon outage

    Users from the United Kingdom and Europe had earlier reported widespread difficulty in connecting to the server. Problems appear to have been experienced across the United Kingdom , as well as in parts of Europe.
    Trump says Democrats using `con game´ to sink Kavanaugh court bid

    Trump says Democrats using `con game´ to sink Kavanaugh court bid

    In fact, it was Trump himself who said of the FBI: "They don't do that". "I've had a lot of false charges against me", Trump said. She has said she was inebriated as well and has admitted to holes in her memory of some details.
  • What to watch for in the Senate Judiciary Committee hearing

    What to watch for in the Senate Judiciary Committee hearing

    Two women, Christine Blasey Ford and Deborah Ramirez , have come forward publicly with allegations against Kavanaugh. Avenatti also represents Stormy Daniels , who alleges she was paid to keep a sexual relationship with Trump quiet.
    Aamir, Amitabh and Katrina at ‘Thugs of Hindostan’ Trailer Launch

    Aamir, Amitabh and Katrina at ‘Thugs of Hindostan’ Trailer Launch

    All in all, Khudabaksh sums up the essence of the film in a few words: "Agaar azadi hai gunah, toh qubul hai sazaa". The much awaited for Yash Raj Films' epic adventure film Thugs of Hindustan was released Thurday morning.
    Australia slips in global university rankings and there is 'cause for concern'

    Australia slips in global university rankings and there is 'cause for concern'

    The report said there were signs of trouble in Australia, with many universities losing ground and reputation. The United States remains the most-represented nation in the table, with 172 institutions, up from 157.
  • Ernesto Valverde perplexed by Barcelona's defeat at Leganes

    Ernesto Valverde perplexed by Barcelona's defeat at Leganes

    Real Madrid failed to capitalise on Barca's shock defeat after being humbled by Sevilla at the Ramon Sanchez Pizjuan. Sometimes it's hard to explain the things that happen in a game.
    World Health Organization  suspends Ebola work in Congo amid militant attacks

    World Health Organization suspends Ebola work in Congo amid militant attacks

    The ADF rebels have been able to overrun Congolese military bases and ambush United Nations peacekeeping forces, he said. The Ebola outbreak in the region has resulted in almost 150 cases and had been linked to 100 deaths as of Saturday, Dr.
    Fortnite’s season 6 Battle Pass officially introduces pets

    Fortnite’s season 6 Battle Pass officially introduces pets

    That means we should get a brand new Battle Pass with masses of new skins, emotes, and more, plus another ten weeks of challenges. The packs are only available through the paid version of the Battle Pass which is available to purchase in-game for 950 V-Bucks.
  • The US Open Final: Who Will Make it?

    The 34-year-old Swiss won the first two sets 6-4 and 7-5, forcing an injured and struggling Djokovic to retire in the third. If she’s at her best, then she’ll make it to the final and if she performs on the day the title will be hers.
    Third woman accuses Supreme Court nominee Kavanaugh of sexual misconduct

    Third woman accuses Supreme Court nominee Kavanaugh of sexual misconduct

    The couple's two daughters, Trump said, are also "devastated". "As soon as she can arrange to talk to the staff". The earliest a vote of the full Senate could be held, allowing for debate, the senator said, is next Tuesday.

    Federal Reserve hikes interest rate, citing "strong" economy

    The robust job market has helped make consumers, the main drivers of growth, more confident than they've been in almost 18 years. The Fed seeks to slow the economy when it reaches full employment to prevent a tight job market from raising inflation too high.

We are pleased to provide this opportunity to share information, experiences and observations about what's in the news.
Some of the comments may be reprinted elsewhere in the site or in the newspaper.
Thank you for taking the time to offer your thoughts.