English हिन्दी
Connect with us

India News

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

Published

8 years ago

on

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]

Related Topics:
Continue Reading

India News

Congress to challenge Meenakshi Natarajan’s Rajya Sabha nomination rejection in Madhya Pradesh High Court

Congress leader Meenakshi Natarajan has announced that the party will challenge the rejection of her Rajya Sabha nomination in the Madhya Pradesh High Court, alleging the decision was legally flawed and that the Election Commission failed to follow a consistent approach.

Published

39 mins ago

on

July 7, 2026

By

The Congress is preparing to challenge the rejection of senior leader Meenakshi Natarajan’s Rajya Sabha nomination before the Madhya Pradesh High Court, shifting the dispute from the political arena to the legal forum.

Weeks after her nomination was rejected ahead of the Rajya Sabha elections, the former Member of Parliament asserted that the decision was not the result of any lapse by Congress leaders, legal experts or those involved in preparing the nomination papers. Instead, she claimed the rejection was based on an incorrect legal interpretation.

Congress to file election petition

Natarajan said the party would file an election petition within the prescribed time and contest the entire process before the High Court. She also alleged that a deliberate narrative was created to portray the rejection as a consequence of negligence within the Congress, thereby diverting attention from the Election Commission’s role.

According to her, the Returning Officer rejected her nomination citing non-disclosure of information related to a pending case. However, she argued that Form-26, which candidates are required to submit along with their nomination papers, does not contain any specific provision requiring disclosure of such information.

Natarajan said she has contested multiple elections in the past and maintained that experienced legal experts within the Congress have handled nomination papers for years, making such an oversight highly unlikely.

Questions raised over Election Commission’s approach

The Congress leader also questioned the Election Commission’s handling of the matter, alleging that it failed to apply uniform standards in similar cases.

She referred to the case of Rajya Sabha candidate Parimal Nathwani in Jharkhand, claiming he was given 24 hours to rectify issues in his nomination papers, whereas she was not provided a similar opportunity. According to Natarajan, the differing treatment raises concerns about consistency in the poll body’s decision-making process.

Congress sources said the party’s legal cell is preparing the election petition under the guidance of senior lawyers. The dispute had earlier reached the Election Commission and subsequently the Supreme Court, but the party will now pursue the legal remedy available after the election process through the High Court.

The Congress has also alleged that the Election Commission did not act impartially during the proceedings. Party leaders claimed senior Congress representatives and lawyers reached the poll body on time to present their arguments, but the proceedings were delayed. They further alleged that the Election Commission had the authority to overturn the Returning Officer’s decision but chose not to intervene.

BJP rejects Congress allegations

The Bharatiya Janata Party dismissed the Congress’ allegations, attributing the controversy to internal issues within the opposition party.

BJP state spokesperson Ajay Yadav said the rejection of Natarajan’s nomination was the result of internal infighting in the Congress. He also claimed that the senior leader had been sidelined within her party and suggested that the Congress should introspect instead of blaming the Election Commission.

Natarajan, however, rejected claims that the Congress was responsible for any lapse leading to the rejection of her nomination.

Continue Reading

India News

Heavy rain triggers flash floods and landslides across Jammu and Kashmir, damaging roads and property

Heavy rainfall triggered flash floods and landslides across Jammu and Kashmir, damaging infrastructure, disrupting traffic and prompting authorities to issue a weather advisory.

Published

56 mins ago

on

July 7, 2026

By

Monsoon in Jammu and Kashmir

Heavy rainfall across several parts of Jammu and Kashmir triggered flash floods and landslides, causing widespread damage to roads, vehicles and residential property. The adverse weather also disrupted traffic in multiple areas, prompting authorities to advise people to remain vigilant.

Flash flood causes destruction in Doda

A flash flood struck the Thathri sub-division of Doda district after heavy overnight rainfall, leading to significant damage to homes, vehicles and other property.

Floodwaters surged through the Thathri market after water levels in local streams rose rapidly. Large quantities of mud, stones and debris entered residential areas, inundating houses and damaging parked vehicles as water flowed through roads and marketplaces.

Residents said the flooding occurred suddenly, leaving little time to respond. Officials have started assessing the damage, while restoration and relief work is underway.

Local residents alleged that debris from ongoing link road construction is frequently dumped into the Thathri stream. They claimed the accumulated material obstructs the natural flow of water, increasing the risk of flooding during heavy rainfall. Residents urged the administration to take corrective measures to prevent similar incidents in the future.

Doda-Kishtwar highway affected by flash floods

Continuous rainfall also triggered flash floods that damaged the Doda-Kishtwar highway, disrupting vehicular movement on the route.

Officials said floodwaters deposited large amounts of mud, boulders and debris on the highway. A portion of the road was damaged, forcing authorities to suspend traffic until conditions improve.

In neighbouring Kishtwar district, heavy rain triggered a landslide and mudslide near the tunnel area of the under-construction 540 MW Kwar Hydroelectric Power Project, adding to the weather-related disruption in the region.

Administration issues weather advisory

The administration had earlier issued an advisory warning of heavy rainfall, thunderstorms, flash floods and landslides in vulnerable areas across Jammu and Kashmir.

Authorities advised residents, particularly those living near rivers, streams and nallahs, to remain alert and avoid unsafe locations during the ongoing spell of rain.

Samba receives highest rainfall

According to the Meteorological Department, Samba recorded the highest rainfall in the Jammu region during the 24-hour period ending at 8:30 am on Monday, receiving 90 mm of rainfall.

Kathua received 66.2 mm, followed by Katra (44.4 mm), Doda (42 mm), Jammu (41.8 mm), Udhampur (40.6 mm), Bhaderwah (33.6 mm), Kishtwar (24 mm), Reasi (10.5 mm), Batote (4.7 mm), Ramban (4.5 mm) and Banihal (0.4 mm).

Continue Reading

India News

Mumbai-Pune train services remain suspended for second day after landslides, Central Railway issues fresh cancellation list

Heavy rainfall-triggered landslides have disrupted Mumbai-Pune train services for a second consecutive day, with Central Railway cancelling several MEMU services and continuing restoration work.

Published

1 hour ago

on

July 7, 2026

By

Train services between Mumbai and Pune remained suspended for the second consecutive day on Tuesday after heavy monsoon rains triggered multiple landslides in the Bhor Ghat section of the Central Railway network, affecting one of Maharashtra’s busiest rail corridors.

Railway officials continued restoration work across the affected stretch, where mud, rocks and boulders have blocked tracks following persistent rainfall. Authorities said services will resume only after a detailed safety inspection confirms that the route is fit for operations.

Landslides disrupt railway operations in Bhor Ghat

The disruption was caused by multiple landslides in the Karjat-Lonavala section. A major landslide occurred between Thakurvadi and Monkey Hill Loop Cabin (MHLC) on the Up Main Line in the Mumbai division. Another incident was reported on the Middle Line between Khandala and Monkey Hill.

Continuous rainfall has destabilised slopes in the ghat region, resulting in debris falling onto multiple railway tracks and making train movement unsafe.

Teams from Central Railway have been working with heavy machinery to remove debris, inspect the tracks and restore services. However, ongoing rainfall has slowed restoration efforts, prompting authorities to continue the suspension of train operations in the interest of passenger safety.

Central Railway cancels six MEMU services

Central Railway has released a fresh list of cancelled MEMU services for July 7, 2026.

The cancelled trains are:

  • DRD-PNVL MEMU (Train No. 69164), departure 5:25 am
  • PNVL-DSR MEMU (Train No. 69165), departure 9:20 am
  • BSR-PNVL MEMU (Train No. 69168), departure 12:10 pm
  • PNVL-BSR MEMU (Train No. 69167), departure 2:35 pm
  • BSR-PNVL MEMU (Train No. 69166), departure 4:40 pm
  • PNVL-DRD MEMU (Train No. 69161), departure 7:05 pm

Passengers have been advised to check the latest train status through official railway platforms before travelling.

Railway Minister reviews restoration efforts

Union Railway Minister Ashwini Vaishnaw reviewed the ongoing restoration work and directed officials from Central and Western Railway to coordinate efforts to restore services at the earliest without compromising passenger safety.

Railway authorities said operations would resume only after a comprehensive inspection confirms that the affected tracks are safe for regular train movement.

Heavy rain also impacts road traffic

The intense rainfall has also disrupted road transport between Mumbai and Pune. Landslides and waterlogging affected parts of the Mumbai-Pune Expressway as well as the old Mumbai-Pune Highway, causing temporary traffic disruptions before authorities cleared the affected sections.

Meanwhile, the India Meteorological Department (IMD) has issued a red alert for several parts of Maharashtra, warning of continued heavy to very heavy rainfall. Officials cautioned that further showers could trigger additional landslides and delay the restoration of railway services.

Railway authorities said updates on cancellations, diversions and the resumption of train services will continue to be issued as restoration work progresses.

Continue Reading

Trending

© Copyright 2022 APNLIVE.com