The Supreme Court has agreed to take a fresh look at the constitutional validity of a 157-year-old law that makes man and not woman liable for criminal prosecution in case of adultery.
A bench of chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud sought a response from Centre on a PIL challenging Section 497 IPC and Section 198(2) of CrPC on grounds that it is “archaic” and did not appear to be gender-neutral.
The petition was filed by Joseph Shine from a non-resident Keralite who pleaded why a married man alone and not the consenting wife of another should be hauled up.
The bench, headed by the Chief Justice of India, said, “Ordinarily, the criminal law proceeds on gender neutrality, but in this provision, as we perceive, the said concept is absent,” the Supreme Court said.
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“That apart, it is to be seen when there is conferment of any affirmative right on women, can it go to the extent of treating them as the victim, in all circumstances, to the peril of the husband?”
“It grants relief to the wife by treating her as a victim. It is also worthy to note that when an offence is committed by both of them, one is liable for the criminal offence, but the other is absolved. It seems to be based on a societal presumption.” the bench noted.
Section 497 IPC says, “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.”
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Thrice, in 1954, 1985 and 1988, the top court has dismissed petitions seeking similar relief.
Here is how Twitter reacted to the SC notice
Good News for all except Radicalized Rabid Feminists_
Supreme Court questioned the validity of Section 497 of the Indian Penal Code that criminalises #Adultery by men but not by women.
This Gender Biased law which considers women vulnerable & gives leeway must be struck down.
— Jagrati Shukla (@JagratiShukla29) December 8, 2017
Finally, SC to examine 157 year old law on adultery punishing only men. SC should also examine misuse of 498A by Women. We talk about Gender Equality but ignore Law Equality over Gender
— Anshul Saxena (@AskAnshul) December 8, 2017
There should not be any law against adultery. Law against adultery means law against love and human rights.
— taslima nasreen (@taslimanasreen) December 9, 2017
Nope. Wrong question, SC. The right questions is: why punish ANYONE for adultery? pic.twitter.com/QWFoEF5hz4
— Nautanki Sali (@Poojaspillai) December 9, 2017
Good !! Adultery is not a one sided offence,blaming men solely for this is wrong women who is involved in an affair is also equally accomplice in it,hence law must be severe for both @sacaggarwal @Milkyway1955Z @SwapnilATalekar https://t.co/PUhPWrCclU
— zarina ahmed (@monerief) December 9, 2017
