Global

Adultery verdict: Justice D Y Chandrachud does it again; overrules father’s verdict

Adultery verdict: Justice D Y Chandrachud does it again; overrules father’s verdict

The Supreme Court unanimously struck down a 150-year-old law that considered adultery to be an offence committed against a married man by another man.

In their judgement, passed unanimously, the Supreme Court's Constitution Bench headed by Chief Justice of India (CJI) Dipak Misra, comprising Justices Rohinton Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra observed that mere adultery can not be a crime unless it attracts the scope of IPC's Section 306 (Abetment of suicide).

The law basically said that, whoever has sexual intercourse with someone else's wife, without the husband's consent, is guilty of the offence of adultery.

Over the last 10 years, he lost custody of his child, was sacked from two jobs and suffered huge mental trauma after his wife registered a case against him on charges of adultery.

Reading out the judgement for himself and Justice Khanwilkar, CJI Dipak Misra stated that adultery can be a ground for civil issues, including the dissolution of marriage, but it cannot be a criminal offence and called Section 497 of the IPC "manifestly arbitrary". The chief justice also said that mere adultery could not amount to a crime, unless it attracted the scope of Section 306 (abetment to suicide) of the IPC.

In our intervention application before the Court, we relied upon different grounds to suggest why this section should be made gender-neutral. In addition, it prevented a wife from prosecuting either her husband or woman in which he was engaged in extramarital relations.

Supreme Court said live streaming of court proceedings will bring transparency.

Section 497 has been criticised by rights groups for depriving women of dignity and individual choice, and treating them as the property of men.

In simple words, adultery is defined as a person having sex with a man's wife without taking prior consent from the husband.

However, his son Thursday said the decision in Sowmithri Vishnu case dealt with "constitutional challenge by approaching the discourse on the denial of equality in formal, and rather narrow terms".

Adultery is prohibited in Sharia or Islamic Law, so it is a criminal offence in Islamic countries such as Iran, Saudi Arabia, Afghanistan Pakistan, Bangladesh and Somalia.

The Supreme Court verdict on Thursday declaring that adultery is not a crime was welcomed by several people who said it was a good riddance to an antiquated law, though some experts raised concerns over the judgement.

Justice Indu Malhotra, the only woman on the five-judge panel, which delivered the unanimous verdict, pointed out the "absurdity" of the law.

One is working in the sphere of the criminal law and the SC has said that adultery is not an offence.

It was also sought that in light of the judgment of the Supreme Court on the right to privacy, Section 497 must be looked at from a fresh perspective.

From now on, the only remedy available to a man or woman who finds his partner to be in an adulterous relationship would be to go for divorce.

"Married women are not a special case for the objective of prosecution for adultery".


  • Three babies among five stabbed at NY  childcare centre

    Three babies among five stabbed at NY childcare centre

    Police gather outside a daycare center in a private home, after a stabbing in the Queens borough of NY , U.S., September 21, 2018. One adult female had multiple stab wounds on the torso, while the adult male had stab wounds to the leg.
    Lionel Messi Scores His Eighth Champions League Hat-Trick

    Lionel Messi Scores His Eighth Champions League Hat-Trick

    Gameday 1 marked the long-awaited return of proper Champions League soccer, and it nearly looked like Messi and Co. never left. After firing PSV to the Eredivisie title with 17 goals in 2017/18, Lozano has started this season like a man on fire, too.
    Hazard can be Premier League top-scorer, says Chelsea's Sarri

    Hazard can be Premier League top-scorer, says Chelsea's Sarri

    We knew, especially after the (international) break, it's always very hard to play a good game because you are all a bit exhausted , but at the end we got three points.
  • Over 62,000 still without power in the Carolinas after Florence

    Over 62,000 still without power in the Carolinas after Florence

    Others can't get to their neighborhoods because the extensive road closures or simply because they don't have a ride home. Michele Nix, from Kinston, serves as the vice chairman of the North Carolina Republican Party.

    Sydney customer finds needle in 'Delightful' punnet of strawberries

    He said unless confidence and sales recovered quickly, growers would have to leave strawberries on the ground to rot. Three brands-Donnybrook Berries, Berry Licious , and Berry Obsession-have been taken off the shelves completely.
    Near 440,000 without power as Florence batters Carolinas

    Near 440,000 without power as Florence batters Carolinas

    Calls for help kept coming in as the wind picked up and the tide arrived, said city public information officer Colleen Roberts. Bertha Bradley said she has never favored evacuating ahead of hurricanes. "Lots of water, lots of wind, lots of storm surge".
  • Trump Is "Main Culprit Of Oil Price Hikes, Market Destabilisation": Iran

    President Donald Trump and Iranian President Hassan Rouhani exchanged taunts at the United Nations General Assembly on Tuesday. Iran is the third biggest producer of oil in the Organization of the Petroleum Exporting Countries (OPEC).
    Putin pledges to send Syria missiles, enraging Israel and US

    Putin pledges to send Syria missiles, enraging Israel and US

    The Israeli military, however, said that Syria's indiscriminate air defense fire was the cause of the accident. The Russian president also informed Assad of the S-300 delivery, it said.
    Sky Backs Comcast Deal, CEO Darroch Says ‘Momentum Will Only Increase’

    Sky Backs Comcast Deal, CEO Darroch Says ‘Momentum Will Only Increase’

    Buying Sky allows Roberts to expand the content and distribution model he has embraced since buying NBCUniversal seven years ago. The loss of Sky partly stymies Iger's goal of establishing more direct ties to consumers and expanding his worldwide business.
  • Modric ends Ronaldo-Messi era to be crowned world's best

    Modric ends Ronaldo-Messi era to be crowned world's best

    Messi, meanwhile, will not travel to London due to family reasons, according to reports in the Spanish press. She also scored 13 goals as Orlando Pride reached the NWSL playoffs.
    Here's what to expect — Amazon Echo event

    Here's what to expect — Amazon Echo event

    The redesigned Echo Plus has little in the way of design changes and looks more or less the same as its predecessor. And then there's the Echo Sub , which can add some real bass to the music that you pump out of your Echo speakers.
    Eliud Kipchoge sets new marathon world record in Berlin

    Eliud Kipchoge sets new marathon world record in Berlin

    Things looked to have fallen apart for Kipchoge's world record hopes after 15km. "It was hard", Kipchoge added. Amos Kipruto finished second in 2:06:22, with former world record holder Wilson Kipsang third in 2:06:47.