Odisha News, Odisha Latest news, Odisha Daily - OrissaPOST
  • Home
  • Trending
  • State
  • Metro
  • National
  • International
  • Business
  • Feature
  • Entertainment
  • Sports
  • More..
    • Odisha Special
    • Editorial
    • Opinion
    • Careers
    • Sci-Tech
    • Timeout
    • Horoscope
    • Today’s Pic
  • Video
  • Epaper
  • News in Odia
  • Home
  • Trending
  • State
  • Metro
  • National
  • International
  • Business
  • Feature
  • Entertainment
  • Sports
  • More..
    • Odisha Special
    • Editorial
    • Opinion
    • Careers
    • Sci-Tech
    • Timeout
    • Horoscope
    • Today’s Pic
  • Video
  • Epaper
  • News in Odia
No Result
View All Result
OrissaPOST - Odisha Latest news, English Daily -
No Result
View All Result

SC terms adultery law as arbitrary, violative of right to equality

PTI
Updated: August 2nd, 2018, 22:54 IST
in National
0
Share on FacebookShare on TwitterShare on WhatsAppShare on Linkedin

New Delhi, August 2: The Supreme Court Thursday termed as “manifestly arbitrary” a penal provision which required a woman to have her husband’s consent to indulge in adultery with another married man and said it amounted to treating women as “chattel”.

A five-judge Constitution bench headed by Chief Justice Dipak Misra, however, drew the distinction between adultery as a criminal offence and as a civil wrong which has been used as a ground for seeking divorce in matrimonial disputes.

Also Read

Piyush Goyal

Goyal to visit Canada next week to boost FTA talks, investments

7 hours ago
Odisha, IMD, Weather, Heatwave

Scorching days, restless nights: Heatwave tightens grip across parts of India

8 hours ago

The apex court, which was hearing a petition challenging the constitutional validity of Section 497 (adultery) of the IPC, said, “As far as criminalisation or decriminalisation of adultery as an offence is concerned, it is in one compartment. Adultery cannot cease to be a ground for seeking divorce by estranged couple in a court of law.”

The bench, which also comprised justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra, was critical of different aspects of section 497 and referred to a part which said that no offence of adultery is made out if a married woman enters into a sexual relationship with a married man with the consent of her husband.

“If there is consent of husband, then there is no adultery which is absurd. This is another indicator of gender bias in which a woman is considered as chattel,” the bench said.

“Definitely the matrimonial sanctity aspect is there, but the way the provisions are enacted or made run counter to Article 14 (Right to Equality of the Constitution),” it said.

Section 497 of the 158-year-old 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.”

The bench referred to the submission of the Centre in its affidavit and said the provision was there to save “sanctity of marriage” or “matrimonial ties” and then pointed out inconsistencies in law. “If a married man has sexual intercourse with unmarried woman, this is alright. No adultery is made out. But, does it still not affect sanctity of marriage,” the bench asked.

“Look at the next part, if a married man has sexual intercourse with other married woman with the consent or connivance of her husband then also no offence is made out,” it said. Terming the provision as not being “gender neutral”, it referred to the classical test of “manifest arbitrariness” and “discrimination” under Article 14 (right to equality) to examine the validity of a law.

 

Tags: adulteryDipak MisraSupreme Court
ShareTweetSendShare
Suggest A Correction

Enter your email to get our daily news in your inbox.

 

OrissaPOST epaper Sunday POST OrissaPOST epaper

Click Here: Plastic Free Odisha

#MyPaperBagChallenge

D Rama Rao

December 12, 2019
#MyPaperBagChallenge

Pitabas Tripathy

December 12, 2019
#MyPaperBagChallenge

Tabish Maaz

December 12, 2019
#MyPaperBagChallenge

Parbati Mohanty

December 12, 2019
#MyPaperBagChallenge

Shreyanshu Bal

December 12, 2019
#MyPaperBagChallenge

Anshuman Sahoo

December 12, 2019
#MyPaperBagChallenge

Adrita Bhattacharya

December 12, 2019
#MyPaperBagChallenge

Pratyasharani Ghibela

December 12, 2019
#MyPaperBagChallenge

Sarmistha Nayak

December 12, 2019
#MyPaperBagChallenge

Arya Ayushman

December 12, 2019
#MyPaperBagChallenge

Manas Samanta

December 12, 2019
#MyPaperBagChallenge

Jyotshna Mayee Pattnaik

December 12, 2019
#MyPaperBagChallenge

Praptimayee Biswal

December 12, 2019
#MyPaperBagChallenge

Adweeti Bhattacharya

December 12, 2019
#MyPaperBagChallenge

Mandakini Dakua

December 12, 2019
#MyPaperBagChallenge

Rajashree Pravati Mohanty

December 12, 2019
#MyPaperBagChallenge

Lopali Pattnaik

December 12, 2019
#MyPaperBagChallenge

Bijswajit Pradhan

December 12, 2019
#MyPaperBagChallenge

Pratik Kumar

December 12, 2019
#MyPaperBagChallenge

Priyasha Pradhan

December 12, 2019
#MyPaperBagChallenge

Amritansh Mishra

December 12, 2019
#MyPaperBagChallenge

Rajashree Manasa Mohanty

December 12, 2019
#MyPaperBagChallenge

Swarit Praharaj

December 12, 2019
#MyPaperBagChallenge

Surya Sidhant Rath

December 12, 2019
#MyPaperBagChallenge

Sibarama Khotei

December 12, 2019
#MyPaperBagChallenge

Adyasha Priyadarsani Sendha

December 12, 2019
#MyPaperBagChallenge

Vandana Singh

December 12, 2019
#MyPaperBagChallenge

Jhili Jena

December 12, 2019
#MyPaperBagChallenge

Ipsita

December 12, 2019
#MyPaperBagChallenge

Akriti Negi

December 12, 2019

Archives

Editorial

Status Quo Safe

Dilip Cherian
May 23, 2026

By Dilip Cherian Another year for Praveen Sood as CBI Director was hardly unexpected. In fact, the bigger surprise would...

Read moreDetails

Canine Question

Supreme Court, Stray dog
May 20, 2026

Love is a supreme feeling that brings unalloyed joy to the one who gives it and also to the one...

Read moreDetails

Thucydides Trap

Pic- AP
May 19, 2026

It may sound strange why Chinese President Xi Jinping during his recent meeting with US President Donald Trump in Beijing...

Read moreDetails

Negatively Positive

N Chandrababu Naidu
May 18, 2026

Over the decades, since Independence, India’s southern states have achieved great success in population control with their governments aggressively promoting...

Read moreDetails
  • Home
  • State
  • Metro
  • National
  • International
  • Business
  • Editorial
  • Opinion
  • Sports
  • About Us
  • Advertise
  • Contact Us
  • Jobs
Developed By Ratna Technology

© 2025 All rights Reserved by OrissaPOST

  • News in Odia
  • Orissa POST Epaper
  • Video
  • Home
  • Trending
  • Metro
  • State
  • Odisha Special
  • National
  • International
  • Sports
  • Business
  • Editorial
  • Entertainment
  • Horoscope
  • Careers
  • Feature
  • Today’s Pic
  • Opinion
  • Sci-Tech
  • About Us
  • Contact Us
  • Jobs

© 2025 All rights Reserved by OrissaPOST

    • News in Odia
    • Orissa POST Epaper
    • Video
    • Home
    • Trending
    • Metro
    • State
    • Odisha Special
    • National
    • International
    • Sports
    • Business
    • Editorial
    • Entertainment
    • Horoscope
    • Careers
    • Feature
    • Today’s Pic
    • Opinion
    • Sci-Tech
    • About Us
    • Contact Us
    • Jobs

    © 2025 All rights Reserved by OrissaPOST