Supreme Court strikes down 158-yr-old Adultery law; Husband not master of woman

     Written by : SMTV24x7 | Thu, Sep 27, 2018, 02:15 PM

New Delhi, Sept 27: legitimizing the 158-year-old adultery law, a Constitution Bench of the Supreme Court on Thursday unanimously struck down Section 497 of Indian Penal Code (IPC), which penalises adultery.

The apex court added that "without a shadow of doubt", it can still be grounds for divorce. Chief Justice Dipak Misra called the Victorian adultery law 'arbitrary', adding that it is time to say that husband is not the master of the woman.

3 judges out of 5-judge Constitution bench held that making adultery a crime is deteriorating and would mean "punishing unhappy people". Most countries have abolished law against adultery, the court added.

"Any system which affects individual dignity, equity of women in a civilised society invites wrath of the Constitution," CJI Misra said.

"Any provision treating woman with inequality is not constitutional," Justice Misra added.

CJI Misra said, the beauty of the Constitution is that it includes "the I, me and you". He said, "Equality is governing parameter of the Constitution”.

Section 497 of the Indian Penal Code 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 intrigue of that man, such sexual intercourse not chunking to the offence of rape, is guilty of the offence of adultery."

A 5-judge constitution bench headed by CJI Justice Dipak Misra on August 8 had reserved its verdict after Additional Solicitor General Pinky Anand, appearing for the Centre, concluded her arguments.

The hearing in the case by the bench, which also comprised justices RF Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra, went on for 6 days and had commenced on August 1.

The Centre had favoured confinement of penal law on adultery, saying that it is a public wrong which causes mental and physical injury to the spouse, children and the family.

"It is an action willingly and knowingly done with the knowledge that it would hurt the spouse, the children and the family. Such intentional action which intrudes on the sanctity of marriage and sexual attachment encompassed in marriage, which forms the backbone of the Indian society, has been classified and defined by the Indian State as a criminal offence in exercise of its constitutional powers," it said.

The top court had questioned the government how the law preserved the "sanctity" when the extramarital affair becomes non-punishable if the woman's husband stands by her.

"Dichotomy is manifest (in Section 497)" as "husband can only have control over his emotion and cannot ask wife to do this or that", the constitution bench had told the government.

On January 5, the apex court had referred to a five-judge Constitution bench the plea challenging the validity of the penal law on adultery. The court had taken a prima facie view that though the criminal law proceeded on "gender neutrality", the concept was absent in Section 497.

Earlier, the Supreme Court upheld the law against adultery thrice. Last year, the apex court said the laws on adultery treat a woman as her husband's subordinate and time has come for society to realise that a woman is as equal to a man in every respect.







  • Breaking: Tollywood actor Gopichand injured

    Hyderabad, Feb 18: Tollywood macho actor Gopichand suffered minor injuries while shooting for his forthcoming flick in Rajasthan. Coming to more details, The incident occurred when the film unit wa ..

    Written by : SMTV24x7 | 02:05 PM
  • One More TDP leader to join in YSRCP

    Amalapuram, Feb 18: The Political Scenario in Andhra Pradesh has been going with interesting twists and turns, so many leaders have been jumping to another party in the wake of position as well as Str ..

    Written by : SMTV24x7 | 12:35 PM
  • Shiv Sena Lashes out on Centre

    Mumbai, Feb 18: Shiv Sena on Monday said that Tricolor is hoisted less and is used more for wrapping the coffins of our heroes. The remark comes nearly five days after 40 CRPF personnel lost their liv ..

    Written by : SMTV24x7 | 12:30 PM
  • Vijay-Rajasekhar to Promote 'Dorasani'

    Hyderabad, Feb 18: Tollywood Young Hero Vijay Devarakonda is busy with his forthcoming flick Dear Comrade, meanwhile, his brother going to test with his debut film in Tollywood Industry with Dorasani ..

    Written by : SMTV24x7 | 12:19 PM
  • Chris Gayle to bid adieu in ODIs after WC2019

    Veteran West Indies batsman Chris Gayle has announced that he will retire from one-day international cricket after the World Cup slated to be held in England and Wales later this year. "Yes, I'm lo ..

    Written by : SMTV24x7 | 11:18 AM
  • Venkatesh to be game-changer in Tollywood

    Hyderabad, Feb 18: Victory Venkatesh who is about to begin shooting for his next multi-starrer 'Venky Mama' with his nephew Naga Chaitanya has become the torch-bearer of multi-starrers in T-town. ..

    Written by : SMTV24x7 | 09:40 AM
  • India's choices after Pulwama terror attack

    New Delhi, Feb 18: The military options without declaring war on Pakistan may be a few. While ground strikes and surgical strikes are certain to be planned, air strikes may be problematic. The plannin ..

    Written by : SMTV24x7 | 08:54 AM
  • Nigeria Delays its Election

    Nigeria, Feb 16: Nigerians awakened on Saturday to find the presidential election delayed a week until Feb. 23 because of what the electoral commission called unspecified “challenges.” The top ..

    Written by : SMTV24x7 | 06:42 PM
  • Prince Narula :Everybody is running behind money

    Mumbai, Feb 16: The TV industry is like a close-knit family. Everyone knows everybody. So it is quite obvious that if something happens in the industry it would bother many. Of late, several relations ..

    Written by : SMTV24x7 | 06:12 PM
  • Opposition is trying to defame PM's image: BJP

    Nellore, Feb 16: BJP national general secretary Y. Satya Kumar has alleged that the opposition was attempting to tarnish the image of Prime Minister Narendra Modi on Rafale deal for political gain bec ..

    Written by : SMTV24x7 | 06:05 PM
  • Mahesh Babu surprised his hardcore Fan

    Hyderabad, May 05: Tollywood Superstar Mahesh is one of the most famous actors in the film industry. He never fails to spend time with the fans and even surprises them. Recently, he surprised a ha ..

    Written by : SMTV24x7 | 05:16 PM
  • Is actress Ileana pregnant? pic talk

    Mumbai, Apr 17: From few days there has been a gossip running in B-town film sources that the actress Ileana gonna be a mom. It is already known that Illeana has been dating the Australian photographe ..

    Written by : SMTV24x7 | 02:05 PM
  • Kannada Heroine for Akhil's next

    Hyderabad, Apr 16: Kannada actress Rashmika Mandanna made her Telugu debut with Chalo starred with Naga Shaurya, which gets hit talk and many applauses from critics also. After her successful Toll ..

    Written by : SMTV24x7 | 12:13 PM
  • Mehreen Pirzada out from Naga Shourya film

    Hyderabad, April 13: Naga Shourya's last release Chalo has got a decent response from the fans and he is looking for another interesting project under the direction of Srinivas Chakravarthy. The fi ..

    Written by : SMTV24x7 | 01:07 PM
  • Tamannah to play key role in Chiranjeevi's next

    Hyderabad, Apr 11: Tollywood Milky beauty Tamannaah of Baahubali fame made her career with an impressive character as "Avanthika" which will remain for a lifetime.She recently performed in IPL 2018 in ..

    Written by : SMTV24x7 | 11:44 AM
  • NTR's biopic updates: Prince Mahesh babu roped in

    Hyderabad, Apr 10: Soon after the announcement of NTR's biopic, there has been a lot of buzz going around the film Industry. The audience are very much curious to see their stars playing the past time ..

    Written by : SMTV24x7 | 02:50 PM
  • Rangasthalam Success Meet in US

    Hyderabad, Apr 04: "Rangasthalam" movie has made fantastic collections at the US box office from the premiere shows, According to the latest updates, The Movie has collected $640,00 from 160 locations ..

    Written by : SMTV24x7 | 05:42 PM
  • Rangasthalam Beats Sardar Gabbarsingh

    Hyderabad, Mar 30: Ram Charan's Rangasthalam movie has been released here on today, and getting a super response from the fans of Mega Power Star and also from the Critics. here is the latest updat ..

    Written by : SMTV24x7 | 01:36 PM
  • Pawan kalyan in Chal Mohan Ranga

    Hyderabad, Mar 29: Tollywood Young hero Nithin is one of the biggest fans of Power Star Pawan Kalyan, his upcoming flick was Chal Mohan Ranga, which is penned by Trvikram Srinivas. In the Nithin ..

    Written by : SMTV24x7 | 05:51 PM
  • Actress Priyamani lodges complaint

    Hyderabad, Mar 14: The Tollywood Actress Priyamani, who has not signed any Telugu film in recent times, has filed a complaint against the producer and director of the film Angulika for using her image ..

    Written by : SMTV24x7 | 12:42 PM
  • Rangasthalam Movie Highlights

    Hyderabad, Mar 13: "Rangasthalam" is one of the most awaited movies in the Tollywood Industry, Mega Power star Ram Charan is doing the film after the BlockBuster "Dhruva". The film shooting has bee ..

    Written by : SMTV24x7 | 06:51 PM
  • Rajinikanth is not Super Star

    Chennai, Mar 08: when Asked about who is the superstar of Indian Cinema, then fans undoubtedly says Its Thalaivar Rajinikanth. He recently opened the two more official Social Media sites in order t ..

    Written by : SMTV24x7 | 06:38 PM
  • National Award Winner Director for Young Hero

    Hyderabad, Mar 07: We all knew that Rajashekhar Starrer PSV Garudavega has garnered the Tollywood Biggest Hit in recent times, The Director Praveen Sattaru has mesmerized the movie with his talent. ..

    Written by : SMTV24x7 | 03:52 PM
  • Indian Movies Diasters at Awards?

    Mumbai Mar 5: Currently its Awards Season and many English Movies have secured Oscar Awards Worlds prestigious Awards. These Awards are generally given to encourage new filmmakers and to bring out ne ..

    Written by : SMTV24x7 | 06:50 PM
  • Trivikram to direct Nani's next Film

    Hyderabad, March 03: Here is a good news for Natural Star Nani's fans! According to the latest buzz in the film Industry, Natural Star Nani who is basking in the glory of his recently released product ..

    Written by : SMTV24x7 | 04:10 PM
  • Samantha to have hair cut for U-Turn

    Hyderabad, Feb 27: The Tollywood beautiful actress Samantha Akkineni is currently busy shooting for the remake of the film U-Turn. U-Turn is the successful Kannada film starring Shraddha Srinath i ..

    Written by : SMTV24x7 | 05:20 PM
  • Sridevi return to India Delayed ?

    Dubai Feb 26: In a Major shock top film lovers Popular Movie Actress Sridevi has died on Saturday night. The 54-year old actress passed away after a massive cardiac arrest in Dubai. However new facts ..

    Written by : SMTV24x7 | 07:28 PM
  • Allari Naresh Next film Updates

    Hyderabad, Feb 26: Tollywood Comedian Allari Naresh is one talented hero in the industry who is going through a tough phase with back to back debacles. However, The Actor is not discouraged and is doi ..

    Written by : SMTV24x7 | 07:25 PM
  • RGV :I hate god for taking sridevi early

    New Delhi Feb 25: In a Major shock top film lovers Popular Movie Actress Sridevi has died on Saturday night. The 54-year old actress passed away after a massive cardiac arrest in Dubai. Senior Dir ..

    Written by : SMTV24x7 | 05:39 PM
  • New facts about sridevis death emerge

    Hyderabad Feb 25: In a Major shock top film lovers Popular Movie Actress Sridevi has died on Saturday night. The 54-year old actress passed away after a massive cardiac arrest in Dubai. Sources sai ..

    Written by : SMTV24x7 | 04:05 PM
  • Happy Birthday Natural Star Nani

    Hyderabad, Feb 24: The Tollywood Hero Nani's looks and his performance are the reason why this man is tagged as the 'Natural Star' by his fans. Nani's roles are realistic and relatable, which make ..

    Written by : SMTV24x7 | 01:23 PM