A judge of five, led by Chief Justice Dipak Misra, retained the verdict in August
The Supreme Court unanimously ruled on all five judges, each with a 150 year significant adultery law that considers only men as victims rather than as teaching a crime and punishes only men rather than married women. India’s chief justice, Dipak Misra, said adultery laws are arbitrary. Article 497 deprives women of their dignity and they are considered the property of their husbands. The court said that any provision on unequal treatment of women was unconstitutional and that there was now time to say that the husband was not the owner of the woman. The judge added that adultery would remain a reason for divorce.
The center argued that the law should remain in force because it protects the sanctity of marriage. Petitions against the law are made on the premise of unequal treatment of men and women by law.
Five judges, led by Chief Justice Dipak Misra, retained their seats in August. The hearings on the bench were held by judges R f Nariman, a m khanwilkar, d y chandrachud and indu Malhotra for a period of six days, beginning on 1 August.
September 27, 2018 20:19 (IST) according to news agency IAS, activists and lawyers welcomed the Supreme Court’s landmark decision to legalize adultery, saying patriarchy’s control over female bodies was unacceptable.
The Supreme Court on Thursday legalized adultery after repealing British era law – Section 497 of India’s criminal code – calling it unconstitutional, outdated and apparently arbitrary.
Supreme Court lawyer shilpi Jain told ias the law was sexist.
Even 20 years ago, I said that this law should be repealed because it is sexist. There is no doubt that this is an old law. In today’s era, she said, the law is irrelevant, especially when many marriages break up and it takes years for divorce.
There is an urgent need to repeal the law. We have even legalized the legal family relationship, and then legalized it. How do you question adultery.
Jain added that sentences take hours. In modern times, women need some breathing space, and by eliminating that, the law gives them some breathing space.
Ranjana Kumari, a social activist, also welcomed the ruling, saying patriarchal control of women’s bodies was unacceptable. On September 27, 2018, at 14:12 (IST), the Supreme Court upheld the legality of the crime in 1954, arguing that adultery was often seen as a seductive man rather than a woman.
Last year, in response to a petition challenging the law, the court said that it was time for society to recognize that women are equal to men in all aspects. September 27, 2018: 58 (IST) September 27, 2018 13:51 (IST) September 27, 2018 12:41 (IST) Adult Law: husband is not the owner of his wife – key points of the Supreme Court’s adultery ruling
Adultery is no longer a crime in India, but it could be a reason for divorce, the Supreme Court said today. In past hearings, the supreme court asked the center how the 158 year old law maintains the sanctity of marriage when there is no punishment for extramarital affairs with the support of a female husband. On September 27, 2018 (IST) September 27, 2018 (IST), adultery is punishable by up to five years’ imprisonment, a fine or both.