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Supreme Court says adultery law violates Right to Equality, wonders why it should be an offence

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Supreme Court says adultery law violates Right to Equality, wonders why it should be an offence

[vc_row][vc_column][vc_column_text]The Supreme Court on Thursday observed that prima facie the adultery law was violative of the fundamental right to equality and also questioned the central government’s logic in defending adultery as a criminal offence.

A five-judge Constitution bench headed by Chief Justice of India Dipak Misra and also comprising Justices RF Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra, examining the constitutional validity of Section 497 of the Indian Penal Code which deals with adultery, also disagreed with the Centre’s view that validity of Section 497 in the IPC should be upheld because it protects sanctity of marriages.

“The government’s rationale that it will protect sanctity of marriage doesn’t look sound. Sanctity of marriage is gone even when a married man has sexual intercourse with an unmarried woman but that’s not a crime. It is a crime only if a man has relations with a married woman and the husband of the woman complains,” observed Justice DY Chandrachud, a member of the five-judge bench.

The judge remarked that sanctity of marriage goes out of the window in such situations but the legislature has criminalised only one instance.

The bench further observed that each partner to a marriage is equally responsible to keep the sanctity of marriage intact.

“If a married woman has sexual intercourse with a married man other than her husband, why should the man alone be punished when woman too is equal partner to the crime? Such a distinction appears manifestly arbitrary,” it said.

Justice Chandrachud drew a parallel between the offence of bigamy under Section 494 in the IPC and Section 497. He noted that while bigamy is a gender-neutral offence and women can also be held liable.

“This distinction between Sections 494 and 497 itself can make Section 497 unconstitutional,” remarked Justice Chandrachud.

The court also deliberated upon doctrine of severability so as to strike down the discriminatory and arbitrary part of Section 497 while retaining the other portion.

Justice Chandrachud, however, said that he was not sure when such a route can be taken when issues of personal liberty are involved.

“We will have to examine if the entire Section 497 in the IPC should go,” he added.

During the hearing, Justice Indu Malhotra described as “absurd” the part of Section 497 which gives husbands the authority to forgive the other man and settle the case.

“It is absurd to treat a woman as a chattel. Adultery law reduces women into a chattel. There is no crime if a woman has an extramarital relationship with the consent or connivance of her husband. Are women the chattels of their husbands?” asked the bench, wondering how such a provision was drafted in the Indian Penal Code.

The SC also cited a situation where a woman has been staying away from her estranged husband for years. “If a woman then has a sexual intercourse with some other man, will it still lead to prosecution under Section 497 on a complaint by the estranged husband?” it asked.

Proceedings on Wednesday

On Wednesday, the top court asked why consensual sex between two adults should be a criminal offence. The Constitution bench, headed by Chief Justice Dipak Misra, said it would consider whether the law violates the Right to Equality. The bench indicated that instead of considering whether the law should be made gender-neutral, it would examine whether adultery should be a criminal offence at all.

“There were already civil liabilities and consequences of adultery. But making it an offence only for men is actually hit by Article 14 (right to equality)… Now the issue is why adultery should be a crime at all,” the bench headed by Chief Justice of India Dipak Misra observed. The bench also comprises Justices RF Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra said.

Section 497 IPC says that whosoever has sexual intercourse with the wife of another man is guilty of adultery, which is punishable with imprisonment of either description for a term which may extend to five years, or with fine, or with both. It also says the woman involved can’t be punished.

This has been challenged by an NRI — Joseph Shine — who terms it “unjust, illegal and arbitrary and violative of citizens’ fundamental rights”. He questioned the gender bias in the provision drafted by Lord Macaulay in 1860. He challenged Section 198(2) the CrPC which allows a husband to bring charges against the man with whom his wife committed adultery.

The bench noted that the question was no more limited to making it a gender-neutral crime.

Appearing for the petitioner, senior advocate Kaleeswaram Raj said the simple question was whether a man can be sent to jail on the ground that he had consensual sex with the wife of another man.

At the outset, the Bench said it would refer the issue to a seven-judge Bench as there was already a verdict by a five-judge Bench upholding the validity of Section 497. But senior counsel Meenakshi Arora said the issue before the court in the earlier case was if women should also be punished. The legality of the provision was not challenged earlier, she submitted following which the court said it will decide the question.[/vc_column_text][vc_column_text css=”.vc_custom_1533212998726{padding-top: 10px !important;padding-right: 10px !important;padding-bottom: 10px !important;padding-left: 10px !important;background-color: #ffa500 !important;border-radius: 10px !important;}”]Background:

Section 497 IPC reads as: “497. Adultery.—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, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.”

Breaking it down what the provision says is: any man who has sexual intercourse with the wife of another man, without the consent of her husband, shall be held liable for the crime of adultery. In other words, a man having sexual intercourse with a married woman is guilty of adultery.

The law does not confer any right on women to prosecute the adulterous husband, or the woman with whom the husband has indulged in sexual intercourse with. In simple words, the husband solely has been permitted to prosecute the adulterer.

Only sexual intercourse with a married woman would amount to adultery. Sexual relations with a widow, sex worker or an unmarried woman would not attract this section. This has been confirmed by the Delhi High Court in the case of Brij Lal Bishnoi v/s State (1996).

The only sound explanation to such provision is that the perpetrator/offender has trespassed upon a husband’s marital property and is now liable to be prosecuted for unlawful possession.

Last year in December, the top court had issued notice to the Centre in a petition challenging the constitutionality of Section 497 IPC that had been filed by Shine.

The Ministry of Home Affairs in its affidavit had stated that “striking down Section 497 of IPC and Section 198(2) of CrPc will prove to be detrimental to the intrinsic Indian ethos which gives paramount importance to the institution and sanctity of marriage.”

The ministry referred to a judgment passed in 1985, Smt. Sowmithri Vishnu v. Union of India, where it cited that “It is better, from the point of view of the interests of the society, that at least a limited class of adulterous relationship is punishable by law. Stability of marriages is not an ideal to be scorned.”

A three-judge bench of the top Court headed by then Chief Justice YV Chandrachud had upheld the constitutionality of the provision in the case.

It was argued in that case that Section 497 is violative of Article 14 and 16 of the Constitution. The Supreme Court dismissed the contentions and stated that it is commonly accepted that “it is the man who is the seducer and not the woman,” completely ignoring the other aspect of the section.[/vc_column_text][/vc_column][/vc_row]

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Priyanka Gandhi and Prashant Kishor held talks in Delhi after Bihar election setback

Priyanka Gandhi Vadra and Prashant Kishor reportedly met in Delhi days after both Congress and Jan Suraaj suffered setbacks in the Bihar Assembly election.

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Priyanka Gandhi

Congress MP Priyanka Gandhi Vadra and Jan Suraaj chief Prashant Kishor met in Delhi last week, days after the Bihar Assembly election delivered a setback to both political outfits, sources said. The meeting reportedly took place at Sonia Gandhi’s 10, Janpath residence and lasted several hours.

While the interaction has triggered political speculation, both leaders have publicly played down any significance. When asked about the meeting, Priyanka Gandhi said there was little interest in who she meets or does not meet. Prashant Kishor, on the other hand, denied that any such meeting had taken place

Bihar rout brings renewed focus on opposition strategy

The reported interaction followed disappointing election outcomes in Bihar. Jan Suraaj contested 238 Assembly seats but failed to secure a single win, while the Congress managed only six victories out of the 61 seats it contested, a drop of 13 seats compared to the previous election

Sources familiar with the developments indicated that the poor showing by both sides has reopened conversations about future political strategy, especially with several major state elections scheduled over the next two years

A relationship marked by past cooperation and friction

Prashant Kishor has previously worked with the Congress, with mixed outcomes. In 2017, he played a key role in the Congress’s victory in Punjab, but the same year saw the party suffer defeat in Uttar Pradesh. The contrasting results led to internal disagreements, with some party leaders later questioning Kishor’s approach and influence

Talks of Kishor formally joining the Congress resurfaced ahead of the 2022 Uttar Pradesh election, with discussions involving senior party leaders. However, those negotiations collapsed amid differences over organisational reforms and decision-making authority. Kishor later described his experience with the party as unsatisfactory and ruled out joining it, citing resistance to structural change

Jan Suraaj’s debut and future calculations

After parting ways with the Congress, Kishor launched Jan Suraaj with the aim of reshaping Bihar’s political discourse. Despite claims that the party shifted focus from caste-based politics to employment issues, its electoral debut failed to translate into votes

Sources suggest that recent defeats across the opposition spectrum have prompted fresh assessments ahead of upcoming elections in Tamil Nadu, West Bengal and Assam in 2026, followed by Uttar Pradesh in 2027. The longer-term focus remains the 2029 Lok Sabha election, where the ruling party is expected to seek another term

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Omar Abdullah distances INDIA bloc from Congress’s vote chori campaign

Omar Abdullah has clarified that the INDIA opposition bloc is not linked to the Congress’s ‘vote chori’ campaign, saying each party is free to set its own agenda.

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Jammu and Kashmir Chief Minister and National Conference leader Omar Abdullah has drawn a clear line between the INDIA opposition bloc and the Congress’s ongoing ‘vote chori’ campaign, stating that the alliance has no role in the issue being raised by the grand old party.

Speaking to the media, Abdullah said every political party within the alliance is free to decide its own priorities. He underlined that the Congress has chosen to focus on alleged irregularities linked to voter lists and electoral processes, while other parties may pursue different agendas.

According to Abdullah, the INDIA bloc as a collective is not associated with the ‘vote chori’ narrative. He added that no party within the alliance should dictate what issues another constituent should raise in public discourse.

The remarks came days after the Congress organised a large rally in the national capital to intensify its campaign. The party has alleged that the Election Commission is working in favour of the BJP to influence electoral outcomes. Both the poll body and the ruling party have rejected these claims.

INDIA bloc cohesion under scrutiny

Abdullah’s comments have gained significance as they follow his recent observation that the INDIA bloc is currently on “life support”. That remark, made during an interaction at a leadership summit in Delhi, triggered mixed reactions from alliance partners.

At the event, Abdullah had said the opposition grouping revives intermittently but struggles to maintain momentum, especially after electoral setbacks. He also pointed to the Bihar political developments, suggesting that decisions taken by the alliance may have contributed to Nitish Kumar returning to the NDA fold. He further cited the inability to accommodate the Hemant Soren-led Jharkhand Mukti Morcha in Bihar seat-sharing talks as a missed opportunity.

Allies respond to Omar Abdullah’s remarks

Reactions from within the INDIA bloc reflected differing views on Abdullah’s assessment. RJD leader Manoj Jha termed the remarks “rushed” and said responsibility for strengthening the alliance lies with all constituents, including Abdullah himself.

CPI general secretary D Raja called for introspection among alliance partners, questioning the lack of coordination despite the stated objective of defeating the BJP and safeguarding democratic values.

Samajwadi Party MP Rajeev Rai disagreed with the “life support” analogy, saying electoral defeats are part of politics and should not demoralise opposition forces. He cautioned that internal pessimism only serves the BJP’s interests.

BJP targets opposition unity

The BJP seized on the comments to attack the opposition bloc’s unity. Senior leader Shahnawaz Hussain dismissed the INDIA alliance as defunct, claiming it lost relevance after the Lok Sabha elections and lacks leadership and a clear policy direction.

Abdullah’s latest clarification on the ‘vote chori’ campaign reinforces the visible differences within the opposition alliance, even as its constituents continue to debate strategy and coordination ahead of future political battles.

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Nitin Nabin terms BJP working president role a party blessing, thanks leadership

BJP national working president Nitin Nabin has termed his appointment a blessing of the party, thanking its leadership and pledging to work on the ideals of his late father.

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Nitin Nabin

Newly appointed BJP national working president Nitin Nabin on Monday described his elevation as a blessing bestowed by the party and expressed gratitude to its top leadership for placing faith in him.

Speaking to reporters in Patna after paying floral tributes to a statue of his late father, former BJP MLA Nabin Kishor Prasad Sinha, the Bihar minister said he would continue to work on the principles he inherited from his family and the organisation.

“I have always worked on the ideas of my father, who treated the party like his mother and put the nation above everything else. I believe that is why the party has given me this responsibility,” Nabin said. He later visited Mahavir Mandir in the city to offer prayers.

Gratitude to Prime Minister, focus on Antyodaya

Thanking Prime Minister Narendra Modi for his guidance, Nabin said development under the current leadership has reached towns and villages across the country. He added that the party has expanded its presence and emerged as a platform representing the poor.

According to Nabin, no section of society has remained untouched by the welfare initiatives of the NDA government. He said the idea of Antyodaya has now reached every corner of India, recalling the contributions of Deendayal Upadhyaya, Syama Prasad Mookerjee and Atal Bihari Vajpayee in shaping the philosophy.

On elections and party organisation

Responding to questions on upcoming elections, including in West Bengal, Nabin said BJP workers remain active at all times. He remarked that unlike other parties, BJP cadres work round the year and remain prepared in every state.

At 45, Nabin is a five-time MLA from the Bankipur assembly constituency and has served twice as a minister in the Bihar government. He comes from an RSS background and is currently part of the Nitish Kumar-led state cabinet.

A generational shift in the party

Nabin’s appointment as national working president on Sunday was seen as a significant organisational move. The position, though not mentioned in the party constitution, has earlier served as a transition role before elevation to the top post.

Prime Minister Modi publicly endorsed the decision, describing Nabin as a hardworking and grounded leader with strong organisational experience. Party leaders have projected the move as part of a generational shift, with Nabin expected to follow a trajectory similar to that of the current national president, who had earlier served as working president before taking charge of the organisation.

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