Breaking Views: SC’s Verdict on Adultery Is Worth Saluting

Declaring Section 497 of the Indian Penal Code as unconstitutional, the SC said adultery is not a criminal offence.

(Photo: The Quint)

Video Editor: Purnendu Pritam

27 September is a day to salute the Supreme Court. The apex court has taken a radical step for the betterment of Indian society. The Supreme Court said that the husband is not the master of the wife. Declaring Section 497 of the Indian Penal Code as unconstitutional, the court said that adultery is not a criminal offence.

A five-bench judge comprising Chief Justice Dipak Misra and justices RF Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra gave a unanimous verdict to decriminalise adultery.

This British-era law was already thrown out by Britain long ago. The Supreme Court’s rejection of this law has signalled a changing India. The court has also said that adultery can be grounds for divorce and can be prosecuted as a criminal offence if it is cause for abetment to suicide.

By this verdict, the Supreme Court has put women’s rights, autonomy and respect at the forefront. It said that the law regarding adultery was an arbitrary one and hurts the dignity of a woman.

The Supreme Court also said that the adultery law restricted sexual choice and therefore, was unconstitutional. The court has clearly indicated that women need to be given their place in society. They need to be treated equally.