Court’s view:
Section 497 violates
a woman’s right to dignity, resulting in infringement of Article 21 of the
Constitution
New Delhi: Declaring that adultery is not a crime, the Supreme Court Thursday struck down the colonial-era, anti-adultery law, saying it was unconstitutional, dented the individuality of women and treated them as “chattel of husbands”.
The apex court’s five-judge Constitution bench was unanimous in striking down Section 497 of the Indian Penal Code dealing with the offence of adultery, holding it as manifestly arbitrary, archaic and violative of the rights to equality and equal opportunity to women.
A bench comprising Chief Justice Dipak Misra and Justices RF Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra said unequal treatment of women invites the wrath of the Constitution.
The top court said autonomy is intrinsic in dignified human existence and that Section 497 denudes women from making choices.
The bench held that adultery should continue to be treated as civil wrong, and can be grounds for dissolution of marriage or divorce. There can’t be any social licence which destroys a home, Justice Misra said.
