In a landmark judgement on Thursday, the Supreme Court said that the adultery was no longer a crime. The five-judge bench of the Supreme Court decriminalised adultery in a unanimous judgement
“Any provision of law affecting individual dignity and equality of women invites wrath of constitution. It’s time to say that husband is not the master of wife. Legal soverignity of one sex over other sex is wrong,” Live Law website quoted Chief Justice Misra, who read from the judgment written for himself and Justice AM Khanwilkar.
Chief Justice Misra, who is retiring on 1 October, said that equalitywas the governing principle of a system adding that a husband was not the master of the wife. He said, “Parameters of fundamental rights should include rights of women. Individual dignity important in a sanctified society.System can’t treat women unequally. Women can’t be asked to think what a society desires.”
“Legal subordination of one sex by another is wrong. Social progression of women & views of Justice Nariman in Triple Talaq case considered. Adultery can be grounds for dissolution of marriage,” ANI quoted the chief justice as saying. The chief justice also said that mere adultery could not amount to a crime, unless it attracted the scope of Section 306 (abetment to suicide) of the IPC.
He said that the Section 497 (Adultery) of the Indian Penal Code (IPC) is unconstitutional.
Reacting to the judgement, the petitioner, Raj Kallishwaram, told ANI that it was a monumental judgement. “I am extremely happy with the judgement. The people of India should also be happy,” he said.
More to follow
Supreme Court’s huge verdict, says adultery is not crime
from Janta Ka Reporter
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