GUWAHATI: The Supreme Court on Thursday 27th September, struck down Section 497 of the IPC – a 150-year-old law which makes adultery a punishable offence for men.
According to Section 497 of IPC, “whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery”. Adultery presently entails imprisonment for a term which may extend up to five years, or fine, or both.
CJI Dipak Misra, who pronounced the judgment in concurrence with Justice AM Khanwilkar, said Section 497 was unconstitutional and fell foul of Article 21.
It is to be mentioned that the petition was filed by Kerala-based Joseph Shine, represented by advocates Kaleeswaram Raj and Suvidutt M.S., who wanted Section 497 to be dropped as a criminal offence from the penal code.
However, the Government strongly believes that adultery should remain in the Indian Penal Code, arguing that it ensured the sanctity of marriage and was for the public good.
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