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Adultery not a crime, can be a ground for divorce, says Supreme Court

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Adultery not a crime, can be a ground for divorce, says Supreme Court

[vc_row][vc_column][vc_column_text]The Supreme Court today (Thursday, September 27) junked the 158 year old adultery law unconstitutional, holding it as oppressive to women and treating them as husbands’ property.

Section 497 of Indian Penal Code (IPC) punished a man who has an affair with a woman “without the consent or connivance of” her husband, with five years in jail or fine or both. The wife of the man having an extra-marital affair could not lodge a complaint and woman having an affair with her husband was seen as a victim and was not liable for punishment.[/vc_column_text][vc_column_text css=”.vc_custom_1538038750464{padding-top: 10px !important;padding-right: 10px !important;padding-bottom: 10px !important;padding-left: 10px !important;background-color: #a2b1bf !important;border-radius: 10px !important;}”]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.[/vc_column_text][vc_column_text]In four separate but concurring judgments, the Supreme Court’s five-judge Constitution bench held that Section 497 of IPC fell foul of Article 21 (Right to life and personal liberty) and Article 14 (Right to equality): the SC said it treated the woman as her husband’s property and ruled, “The husband is not the master of the wife.”

The apex court also declared Section 198(1) and 198(2) of the CrPC, which allows a husband to bring charges against the man with whom his wife committed adultery, unconstitutional.

“The wife can’t be treated as chattel and it’s time to say that husband is not the master of woman,” said the Chief Justice of India, Dipak Misra.

“Adultery can be ground for any civil wrong. There cant be any social license that destroys the matrimonial home, but adultery should not be a criminal offence,” he said. Stating that a wife was not a chattel of the husband, Misra said, “Any provision of law affecting individual dignity and equality of women invites the wrath of the Constitution. It’s time to say that a husband is not the master of wife. Legal sovereignty of one sex over other sex is wrong.”

The judges noted that most countries had abolished laws against adultery. Making adultery a crime is retrograde and would mean “punishing unhappy people”, said Justice Misra.

As he began reading out the verdict, the Chief Justice remarked that the beauty of the Constitution is it includes “the I, me and you” and “any law which dents individual dignity and equity of women in a civilised society invites the wrath of the Constitution.”

The top court, calling adultery a relic of the past, said Section 497 “denudes women from making choices.”

During arguments, the Centre had defended the law saying adultery must remain a crime so that the sanctity of marriage can be protected. The top court had then questioned how the law preserved the sanctity of marriage when the extramarital affair didn’t invite punishment if the woman’s husband stood by her.

“It’s illogical to say sexual act is not an offence if it’s done with his (husband’s) consent,” ruled the top court.

The Chief Justice said today that adultery might not be the cause of an unhappy marriage; it could be the result of one.

“In case of adultery, criminal law expects people to be loyal which is a command which gets into the realm of privacy… A man having sexual intercourse with a married woman is not a crime,” the judges felt.

The Supreme Court had upheld the legality of the crime in 1954, arguing that in adultery “it is commonly accepted that it is the man who is the seducer, and not the women.”

The Supreme Court today rejected the logic, saying, “Man being the seducer and women being the victim no longer exits. Equality is the governing principle of a system. Husband is not the master of the wife.”

“To attach criminality to something happening in the four walls of privacy is wrong. Law cannot distinguish between man and woman when both have equal role,” the SC added.

“Sexual autonomy of woman cannot be compromised. It’s a result of patriarchal society. It’s her right and there cannot be any condition imposed on her. Chastity is not for woman alone as it is also equally applicable to husband,” the court said.

Last year, in response to the petition challenging the law, the court had said it treats a woman as her husband’s subordinate and time had come for society to realise that a woman is as equal to a man in every respect.

Justice RF Nariman termed Section 497 archaic and concurred with the judgment of the CJI and Justice AM Khanwilkar, saying the penal provision was violative of the rights to equality and equal opportunity to women. Justice DY Chandrachud said Section 497 destroyed and deprived women of dignity. “Section 497 is based on gender stereotypes of the role women. The provision is unconstitutional,” Chandrachud said.

Saying that Section 497 also deprived a woman of her privacy, he said, “Society has two sets of standards for judging the morality of men and women. The law is gender biased, gives unequal voice to partners.”

Justice Indu Malhotra, the lone woman judge on the bench, said that Section 497 was a clear violation of fundamental rights granted in the Constitution and there was no justification for the continuation of the provision.

The five-judge bench of the Supreme Court had reserved judgment on August 8, saying that making adultery a penal offence would be irrational and violative of Article 14 of the Constitution.

The petition seeking the repeal of Section 497 IPC was filed by a non-resident Keralite — Joseph Shine — who termed the 158-year-old law enacted by the Britishers as “unjust, illegal and arbitrary and violative of citizens’ fundamental rights”. Questioning the gender bias in the provision drafted by Lord Macaulay in 1860, Shine has also challenged Section 198(2) of the CrPC.

On January 5, a three-judge bench of the Supreme Court, headed by Chief Justice Dipak Misra, referred the PIL to a larger constitutional bench. The bench had contended the provision seemed “quite archaic, especially when there is societal progress”. In three earlier judgments in 1954, 1985 and in 1988, the court had upheld the provision.[/vc_column_text][/vc_column][/vc_row]

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West Bengal government to launch Annapurna scheme from June 1, offering monthly aid of Rs 3,000 to women

The West Bengal government has announced the Annapurna Yojana, providing Rs 3,000 monthly financial assistance to eligible women aged 25–60 starting June 1, 2026. Existing beneficiaries of the older scheme will be automatically migrated subject to verification.

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May 27, 2026

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The West Bengal government has officially notified the rollout of the ‘Annapurna Yojana,’ a welfare initiative aimed at providing assured monthly financial assistance of Rs 3,000 to women across the state. Introduced by the Department of Women and Child Development and Social Welfare, the scheme is structured to foster the socio-economic upliftment of women and will officially come into effect on June 1, 2026.

Under this new initiative, financial benefits will be transferred directly into the Aadhaar-linked bank accounts of qualified beneficiaries using the Direct Benefit Transfer (DBT) system.

Strict eligibility criteria outlined

According to the official government notification, specific guidelines have been established to determine eligibility for the monthly cash assistance:

  • Target Age Group: Eligible women must be between 25 and 60 years of age.
  • Employment Status: Applicants must not hold permanent government employment or receive a regular salary or pension from the central government, state government, statutory bodies, panchayats, municipalities, local bodies, or government-aided educational institutions.
  • Tax Criteria: Women who are income tax payers are excluded from the scheme.

Automatic migration and scrutiny rules

The new order clarifies that all current beneficiaries of the erstwhile Lakshmir Bhandar Scheme will be automatically migrated to the Annapurna Yojana. However, the transition involves a rigorous filtering process. Individuals identified as deceased, shifted, deleted, or recorded as absentee electors during the SIR-2026 exercise or voter slip distribution will be systematically excluded from the beneficiary list.

On the other hand, individuals who have filed appeals before the SIR Tribunal or submitted applications under the Citizenship (Amendment) Act will continue to receive financial assistance until their applications are legally resolved by authorities.

Application process for new beneficiaries

For fresh applicants, a dedicated online portal for the Annapurna Yojana will be launched on June 1, 2026. To ensure transparency, all new applications will undergo a strict multi-tier verification process by designated local administrative officials:

  • Rural Areas: Block Development Officers (BDOs) will manage the verification and inquiries.
  • Urban Areas: Sub-Divisional Officers (SDOs) will oversee the process.
  • Kolkata: Officials of the Kolkata Municipal Corporation (KMC) will handle applications within their jurisdiction.

Following field inquiries, verified reports will be uploaded directly to the digital portal. The respective District Magistrates and the KMC Commissioner will serve as the final sanctioning authorities in their corresponding jurisdictions to approve the disbursement of funds.

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Tamil Nadu Chief Minister C. Joseph Vijay travels to New Delhi for first official meeting with PM Narendra Modi

Newly sworn-in Tamil Nadu Chief Minister C. Joseph Vijay embarked on his first official visit to New Delhi to hold a high-level meeting with PM Narendra Modi, focusing on economic aid, fertilizer supply, and water rights disputes.

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May 27, 2026

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Tamil Nadu CM Vijay and PM Modi

Marking his maiden official visit to the national capital since assuming office, Tamil Nadu Chief Minister C. Joseph Vijay is scheduled to meet Prime Minister Narendra Modi on Wednesday to deliberate on a wide range of state-specific matters. The Tamilaga Vettri Kazhagam (TVK) chief, who led his fledgling party to a historic victory in the recent assembly elections, took the oath of office on May 10. While the Prime Minister had previously extended his congratulations via social media, this marks the first formal in-person meeting between the two leaders.

According to official sources, the Chief Minister departed from Chennai on a chartered flight at 10:00 AM. The high-profile meeting with the Prime Minister is slated for 4:30 PM, where Vijay is expected to submit a comprehensive memorandum outlining Tamil Nadu’s long-pending welfare and developmental demands.

Key state matters on the table

The core of the discussions is expected to center around financial assistance and clearances for major infrastructure projects in the state. Media reports indicate that the Chief Minister will heavily push for additional funds to bankroll ongoing developmental initiatives.

Furthermore, the interstate Mekedatu water dispute remains a high-priority issue. Chief Minister Vijay has already written to the Prime Minister, urging him to instruct the Union Jal Shakti Ministry and the Central Water Commission (CWC) to reject the Detailed Project Report submitted by Karnataka for a reservoir at Mekedatu.

Other critical administrative concerns to be raised include ensuring an uninterrupted supply of fertilizers for the upcoming Kharif farming season and the removal of the 11 percent import duty on cotton to protect the raw material supply chain for the state’s textile industry.

A packed diplomatic itinerary

Accompanied by a team of senior officials and select cabinet colleagues, the Chief Minister’s itinerary extends beyond the Prime Minister’s Office. Vijay is likely to sit down with Union Finance Minister Nirmala Sitharaman to directly advocate for financial backings for key state portfolios.

The new administration has also drawn national interest for its structural innovations, including retaining critical departments under the Chief Minister—such as Home, Police, and Women Welfare—and carving out a dedicated cabinet-level Artificial Intelligence department, making Tamil Nadu only the second state in the country to do so.

Navigating a complex political landscape, the TVK-led government, which holds 108 seats in the assembly and enjoys backing from coalition partners including the Congress, Left parties, VCK, and IUML, is also using this trip to engage with national opposition leaders. Chief Minister Vijay is scheduled to meet Congress leaders Sonia Gandhi and Rahul Gandhi during his stay in the capital.

Before wrapping up his tour, the Chief Minister is slated to participate in a cultural event at Jawaharlal Nehru University (JNU), where he will formally inaugurate a statue of the revered Tamil poet-saint Thiruvalluvar installed by the Tamil Nadu government. Sources indicate that Vijay will conclude his official engagements and return to Chennai on Thursday.

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Assam clears Uniform Civil Code bill, becomes third state after Uttarakhand and Gujarat

Assam has officially become the third state in India to pass the Uniform Civil Code bill. The legislation was cleared by the state assembly on Wednesday despite strong objections raised by opposition lawmakers who claimed it impacts minority rights.

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9 hours ago

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May 27, 2026

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The Assam Legislative Assembly on Wednesday passed ‘The Uniform Civil Code, Assam, 2026 Bill’, making it the third state ruled by the Bharatiya Janata Party (BJP) to adopt a uniform legal framework after Uttarakhand and Gujarat.

Opposition flags concerns over rights during house debate

The bill was taken up for final passage in the state assembly on Wednesday, sparking a heated discussion among lawmakers. During the legislative floor debate, opposition MLAs strongly voiced their concerns regarding the proposed law, stating that the legislation will hurt and compromise the fundamental rights of a certain section of society.

Despite objections from the opposition benches, the treasury benches cleared the passage of the bill, cementing Assam’s position as the latest state to move away from diverse personal laws in favor of a uniform code. Media reported that the legislative move follows extensive political discussions in the state surrounding civil regulations. With this enactment, Assam joins Uttarakhand and Gujarat, which have previously passed their respective uniform civil codes.

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