Section 497 of IPC Declared Unconstitutional By Supreme Court: Adultery Not a crime
Adultery in marriage deals with the concept of prosecution of charges upon the Women if they have any consensual relationship after marriage. If the person who had been in an affair with the wife then the husband after enclosing the details about the affairs had all his rights to openly charge file and case upon that man and due to his involvement in the sexual build up in a relationship with married women under the Section 497 of IPC and Section 198 of CrPC dealing with prosecution. This only was the women the weaker sections of the society and the men were set free towards having multiple sexual relationships without any special rules to control their punishment.
Marriage is generally regarded as a bond which binds to people to share their lives together throughout. but when men or women don't get respect, love, honestly in a relationship they seek from the outer society ways to fulfill their demands this seeks them to develop a relationship that results in cheating, lies, and much more dismantling of relationships.
A five-judge constitution bench was declared in holding section 497 IPC which was facing an unconditional struck down in the penal code provisions.
The bench consisted of Chief Justice Dipak Mishra, Justice R.F.Nariman, AM Khanwilkar, D Y Chandrachud, and Indu Malhotra which dealt its conversion based on cases filed against women enjoying equal rights as men and abolishment of Section 497.
- CJI Dipak Mishra: said adultery is not a crime and it should be included as a ground for divorce but not to regard it as a criminal offense.
- CJI Mishra and Khanwilkar: to treat adultery as a civil wrong for the dissolution of marriage, delivery of such statements made the SC realize that this act caused the unequal treatment of women in marriage and regarded women as unconstitutional.
- CJI Indu Malhotra regarded Section 497 as unconstitutional.
The five-judge bench abolished the 158-year-old law unconstitutional and fell foul of Article 21 (Right to life and personal liberty ) and Article 14 ( right to Equality ).