Don’t bring adultery back as crime: CJI Dipak Misra
6 years, 3 months ago

Don’t bring adultery back as crime: CJI Dipak Misra

The Hindu  

Treating adultery as an offence is tantamount to the state entering into a “real private realm,” Chief Justice of India Dipak Misra wrote in his main opinion for the Constitution Bench on Thursday. We may repeat at the cost of repetition that if it is treated as a crime, there would be immense intrusion into the extreme privacy of the matrimonial sphere,” the Chief Justice wrote for himself and Justice Khanwilkar. The Chief Justice cited several of these other offences like Section 498-A, the Protection of Women from Domestic Violence Act, 2005, Section 125 of the Code of Criminal Procedure, Sections 306 or 304B or 494 of the Indian Penal Code. “Let it be clearly stated, by no stretch of imagination, one can say, that Section 498-A or any other provision enters the private realm of matrimonial relationship… There has been correct imposition by law not to demand dowry or to treat women with cruelty so as to compel her to commit suicide.

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History of this topic

Modern Legal System Doesn't Allow Claiming Damages For Adultery, Rejects Notion Of 'Owning' Spouse's Loyalty: Kerala High Court
1 month ago

Modern Legal System Doesn't Allow Claiming Damages For Adultery, Rejects Notion Of 'Owning' Spouse's Loyalty: Kerala High Court

Live Law  

The Kerala High Court while reversing a decision of the Family Court granting compensation to the husband for his wife's alleged adulterous behaviour observed that India like many other jurisdictions does not recognize adultery as a ground for claiming damages. The former husband in his petition before the Family Court alleged that his former wife, while the marriage was subsisting …

Old wine, new bottle? Re-criminalising adultery as a gender-neutral offence
1 year, 1 month ago

Old wine, new bottle? Re-criminalising adultery as a gender-neutral offence

The Hindu  

Earlier last month, the Parliamentary Standing Committee on Home Affairs, examining the three new criminal law Bills set to replace the Indian Penal Code, Code of Criminal Procedure, and the Indian Evidence Act, recommended the criminalisation of adultery but on gender-neutral lines. For the sake of protecting the institution of marriage, this section should be retained in the Sanhita by …

Legal Acumen | Parliamentary panel’s draft proposal to make adultery a crime contradicts landmark Supreme Court judgment
1 year, 2 months ago

Legal Acumen | Parliamentary panel’s draft proposal to make adultery a crime contradicts landmark Supreme Court judgment

The Hindu  

Published : Oct 28, 2023 14:40 IST - 5 MINS READ In what appears to be a retrograde move, the draft report of the Parliamentary Standing Committee on Home Affairs, examining the three Bills which are set to replace the Indian Penal Code, Code of Criminal Procedure, and the Indian Evidence Act, has reportedly recommended the restoration of adultery as …

Centre moves Supreme Court to keep adultery as a crime in the armed forces
4 years ago

Centre moves Supreme Court to keep adultery as a crime in the armed forces

Deccan Chronicle  

New Delhi: The Centre on Wednesday moved the Supreme Court seeking to exclude from the ambit of its 2018 order decriminalising adultery all personnel of the armed forces, who can be cashiered from service on the grounds of “unbecoming conduct” for committing adultery with a colleague’s wife. A five-judge Constitution Bench, in a landmark ruling on September 27, 2018, had …

After Section 377, can India change its law on marital rape?
4 years, 4 months ago

After Section 377, can India change its law on marital rape?

Live Mint  

2018 was a dramatic year for Indian constitutionalism. In Johar, constitutional morality led the Court to strike down the sodomy law; in Sabarimala, it held that religious sentiment could not trump women’s right to equality; in Shine, the Court held that constitutional morality would also govern marriage. We argue that by extending the doctrine of constitutional morality to the marital …

A Few Days Before Article 370 Repeal, SC Decriminalized Adultery In J&K As Well [Read Judgment]
5 years, 5 months ago

A Few Days Before Article 370 Repeal, SC Decriminalized Adultery In J&K As Well [Read Judgment]

Live Law  

Just a few days before the special status of Jammu and Kashmir was scrapped by a Presidential order, the Supreme Court held that the entire Section 497 of the Ranbir Penal Code which criminalizes Adultery is also unconstitutional.In a judgment delivered on 2nd August 2019, the bench comprising Justice Rohinton Fali Nariman and Justice Surya Kant in Col. Rajnish Bhandari …

Axing adultery law
6 years, 3 months ago

Axing adultery law

The Hindu  

SEPTEMBER proved to be one of the most unusual months in the history of Indian jurisprudence as two antiquated and colonial pieces of legislation were struck down by a five-judge Constitution Bench headed by Chief Justice Dipak Misra. After reading down Section 377 of the Indian Penal Code, 1860, which outlawed same sex relationships, in the first week of September, …

Decriminalisation of adultery is the first of many steps
6 years, 3 months ago

Decriminalisation of adultery is the first of many steps

Hindustan Times  

On September 27, a five-judge bench of the Supreme Court struck down Section 497 of the Indian Penal Code, and decriminalised adultery in India. On September 27, a five-judge bench of the Supreme Court struck down Section 497 of the Indian Penal Code Section 497 of the IPC — part of the British-enacted penal code of 1860 — criminalised adultery, …

SC ruling in adultery case: Law based on gender stereotypes could not have withstood equality test, verdict a cause of joy
6 years, 3 months ago

SC ruling in adultery case: Law based on gender stereotypes could not have withstood equality test, verdict a cause of joy

Firstpost  

The law criminalising adultery, Section 497 of the IPC is based on stereotyping the roles of one gender, and can never stand any test of equality. Before discussing the real reasons why such a provision, at least in its current form, was highly problematic, it would be apposite to refer to the bare text of the provision: “Section 497 IPC- …

SC decriminalises adultery: Triumph of individual's rights over social institutions like marriage is the real victory
6 years, 3 months ago

SC decriminalises adultery: Triumph of individual's rights over social institutions like marriage is the real victory

Firstpost  

With the striking down of adultery under Section 497 of the IPC, constitutional law has finally entered the institution of marriage in a bid to ensure constitutional freedoms, destroy hierarchies, eliminate inequalities and attempt to democratise matrimonial relationships In the Joseph Shine versus Union of India case, a Constitutional Bench of the Supreme Court struck down Section 497 of the …

DCW chief displeased with SC judgment on adultery
6 years, 3 months ago

DCW chief displeased with SC judgment on adultery

The Hindu  

Following the Supreme Court judgment decriminalising adultery, Delhi Commission for Women chairperson Swati Maliwal said that it is a “licence to people to have illegitimate relationships”. Expressing “disappointment” over the judgment, Ms. Maliwal said, “The Supreme Court should have made the law gender neutral by criminalising the adulterous relationships by men as well as women. We had been demanding this …

Joseph Shine, adultery law crusader, says he is happy for Indian men
6 years, 3 months ago

Joseph Shine, adultery law crusader, says he is happy for Indian men

Live Mint  

Bengaluru: It took not a gender activist or a legal expert but a Church-going, happily married Malayalee in Italy to overturn a 158-year-old sexist constitutional law on adultery, which is now hailed as a landmark victory for women’s rights. Meet Joseph Shine, a Malayalee hotelier in Italy, whose petition led to India’s top court abolishing Section 497 of the Indian …

SC decriminalises adultery: End of Section 497 of IPC may put women seeking a divorce at a disadvantage
6 years, 3 months ago

SC decriminalises adultery: End of Section 497 of IPC may put women seeking a divorce at a disadvantage

Firstpost  

The Supreme Court’s decision to scrap Section 497 of the Indian Penal Code, thereby decriminalising adultery, cannot be seen as a cheer for promiscuity. Section 497 of the 158-year-old IPC said: “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 …

Section 497 Was Never Intended To Preserve ‘Sanctity Of Marriage’; It Demeans Or Degrades The Status Of A Woman By Likening Her To A Chattel: Justice RF Nariman [Read Judgment]
6 years, 3 months ago

Section 497 Was Never Intended To Preserve ‘Sanctity Of Marriage’; It Demeans Or Degrades The Status Of A Woman By Likening Her To A Chattel: Justice RF Nariman [Read Judgment]

Live Law  

“What is clear, therefore, is that this archaic law has long outlived its purpose and does not square with today‘s constitutional morality, in that the very object with which it was made has since become manifestly arbitrary, having lost its rationale long ago and having become in today‘s day and age, utterly irrational.”Justice Rohinton Fali Nariman, in his concurring judgment …

There Cannot Be Patriarchal Monarchy Over Daughter Or Husband’s Monarchy Over Wife: CJI Misra In Adultery Judgment [Read Judgment]
6 years, 3 months ago

There Cannot Be Patriarchal Monarchy Over Daughter Or Husband’s Monarchy Over Wife: CJI Misra In Adultery Judgment [Read Judgment]

Live Law  

The Supreme Court on Thursday struck down as unconstitutional, 158-year-old Section 497 of the Indian Penal Code, which criminalizes adultery.The five-Judge Bench comprising Chief Justice of India Dipak Misra and Justices R F Nariman, AM Khanwilkar, DY Chandrachud, and Indu Malhotra also declared as unconstitutional Section 198 of the Criminal Procedure Code, which deals with the procedure. The five-Judge Bench …

Full text of the judgment: Supreme Court strikes down Section 497 of IPC, rules adultery law as unconstitutional
6 years, 3 months ago

Full text of the judgment: Supreme Court strikes down Section 497 of IPC, rules adultery law as unconstitutional

Firstpost  

The 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. The apex court’s five-judge Constitution bench was unanimous in striking down Section 497 of the Indian Penal Code dealing with the …

Adultery no longer a crime as Supreme Court strikes down Section 497
6 years, 3 months ago

Adultery no longer a crime as Supreme Court strikes down Section 497

Live Mint  

New Delhi: The Supreme Court on Thursday ruled for equality with a Constitution bench unanimously striking down as unconstitutional the adultery law that only punished a married man for having consensual relations while exempting the woman from punishment. The court found section 497 of the Indian Penal Code, 1860, which governs adultery to be “arbitrary and violative of Article 14 …

‘Adultery valid ground for divorce, not criminal prosecution’: SC strikes down the arbitrary Sec 497
6 years, 3 months ago

‘Adultery valid ground for divorce, not criminal prosecution’: SC strikes down the arbitrary Sec 497

Op India  

In a landmark judgement, a five-judge bench of Supreme Court of India has declared section 497 of the Indian Penal Code unconstitutional, calling it “manifestly arbitrary”. The court noted that the adultery law applies only if a man has relation outside marriage with another married woman, it does not apply if the relationship with an unmarried woman. According to the …

Adultery no longer a criminal offence as SC scraps Section 497 of IPC
6 years, 3 months ago

Adultery no longer a criminal offence as SC scraps Section 497 of IPC

The Hindu  

September 27, 2018 11:13 am | Updated November 28, 2021 09:04 am IST - New Delhi A five-judge Constitution Bench, led by Chief Justice of India Dipak Misra, in four separate but concurring opinions on Thursday held that adultery is not a crime and struck it off the Indian Penal Code. Chief Justice Misra, in an opinion for himself and …

India strikes Section 497, a sexist adultery law: ‘Husband is not the master of the wife’
6 years, 3 months ago

India strikes Section 497, a sexist adultery law: ‘Husband is not the master of the wife’

CNN  

New Delhi CNN — India’s top court has abolished a colonial-era law criminalizing extramarital sex, in a landmark ruling campaigners have hailed as a victory for women’s rights. Under the 158-year-old adultery law, known as Section 497, a man could be imprisoned for up to five years for engaging in sexual relations with a married woman without the consent of …

Adultery law deprives women of dignity, has to go: Supreme Court in unanimous verdict
6 years, 3 months ago

Adultery law deprives women of dignity, has to go: Supreme Court in unanimous verdict

India Today  

A five-judge bench of the Supreme Court today struck down Indian Penal Code Section 497. The bench, which included Chief Justice Dipak Misra and Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra, held that Section 497 unconstitutional. Unequal treatment of women invites the wrath of the Constitution - CJI Misra for himself and J. Khanwilkar …

Adultery not a crime, Supreme Court strikes down Section 497 | 10 highlights
6 years, 3 months ago

Adultery not a crime, Supreme Court strikes down Section 497 | 10 highlights

India Today  

The Supreme Court on Thursday unanimously struck down a 158-year-old law that considers adultery to be an offence committed by one man against another, and has been criticised for treating women as possessions rather than human beings. The court declared that Section 497 of the Indian Penal Code -- the adultery law -- was unconstitutional. HIGHLIGHTS | What the Supreme …

Adultery law fails constitutionality test on equality and freedom of choice; SC must annul criminality clause
6 years, 5 months ago

Adultery law fails constitutionality test on equality and freedom of choice; SC must annul criminality clause

Firstpost  

Adultery is not a crime in most of the European countries and at least half of the states in the USA. However, a few countries like Pakistan and Saudi Arabia have still retained adultery as a capital offence Section 497 of the Indian Penal Code has been in news recently. However, a few countries like Pakistan and Saudi Arabia have …

Supreme Court disagrees with Centre's submission that adultery law is needed to save marriages
6 years, 5 months ago

Supreme Court disagrees with Centre's submission that adultery law is needed to save marriages

Firstpost  

The Supreme Court on Wednesday disagreed with the Centre’s submission that the penal provision on adultery was needed to save the sanctity of marriage. A five-judge constitution bench headed by Chief Justice Dipak Misra, which reserved its verdict on a plea challenging Section 497 of the IPC, was told by the Centre that adultery was a “public wrong” which damaged …

'Adultery Affects Sanctity Of Marriage'-ASG, 'What Is The Sanctity When The Husband Give Consent For Intercourse'-Asks Chandrchud.J:SC Reserves Judgment
6 years, 5 months ago

'Adultery Affects Sanctity Of Marriage'-ASG, 'What Is The Sanctity When The Husband Give Consent For Intercourse'-Asks Chandrchud.J:SC Reserves Judgment

Live Law  

“Adultery is a public problem which injures or causes harm and hence, it contains the elements of a criminal offence”, submitted ASG Pinky Anand before the Supreme Court five-judge bench on Wednesday.Countering the reliance placed by the petitioners on international authorities, including those of South Africa, Namibia, South Korea and Guatemala, in context of the decriminalisation. “Adultery is a public …

Supreme Court reserves verdict on pleas challenging constitutional validity of adultery law
6 years, 5 months ago

Supreme Court reserves verdict on pleas challenging constitutional validity of adultery law

Firstpost  

Earlier in the day, the apex court had asked the Centre “what public good” the penal law on adultery served as it provided that no offence would be made if the husband of a woman approves an adulterous relationship. New Delhi: The Supreme Court on Wednesday reserved its verdict on pleas challenging the constitutional validity of the penal law on …

Supreme Court questions Centre's stand on defending adultery law, asks what public good does Section 497 serve
6 years, 5 months ago

Supreme Court questions Centre's stand on defending adultery law, asks what public good does Section 497 serve

Firstpost  

The Supreme Court asked the Centre “what public good” the penal law on adultery served as it provides that no offence would be made if the husband of a woman approves the adulterous relationship. New Delhi: The Supreme Court on Wednesday asked the Centre “what public good” the penal law on adultery served as it provides that no offence would …

Why punish only man, not woman, asks Supreme Court
6 years, 5 months ago

Why punish only man, not woman, asks Supreme Court

Deccan Chronicle  

New Delhi: The Supreme Court on Thursday made it clear that there is no rational basis in the adultery law to punish only the man, treating him as an accused and not the woman by treating her as a victim when both the partners derive equal benefit. Chandrachud made this initial observation during the course of hearing of petitions challenging …

[Adultery] [Day-2, Session-2] One Retains Sexual Autonomy Even After Marriage, The Right To Say "No" Is Not Forfeited By Marriage: Justice Chandarchud
6 years, 5 months ago

[Adultery] [Day-2, Session-2] One Retains Sexual Autonomy Even After Marriage, The Right To Say "No" Is Not Forfeited By Marriage: Justice Chandarchud

Live Law  

The hearing on Petitions challenging Criminalisation of Adultery concluded for the day with Justice Chandrachud repeating that one retains their sexual autonomy to an extent even after marriage and that the right to say “no” is not forfeited by marriage.As the hearing in the challenge to the criminalisation of Adultery under section 497 of the IPC resumed post the lunch …

Supreme Court calls adultery provision in IPC a 'peculiar law', says it fails test of arbitrariness
6 years, 5 months ago

Supreme Court calls adultery provision in IPC a 'peculiar law', says it fails test of arbitrariness

Firstpost  

“Both parties in adultery derive the benefit of the act. A Constitution Bench headed by Chief Justice Dipak Misra, and comprising RF Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra resumed hearing the petition, one day after it said it won’t touch the law to make it an offence for women to indulge in adultery. The petition seeks to make …

IPC provision on adultery apparently violative of right to equality, it treats married men and married women differently: SC
6 years, 5 months ago

IPC provision on adultery apparently violative of right to equality, it treats married men and married women differently: SC

India TV News  

The Supreme Court on Thursday said matrimonial sanctity is an issue but the penal provision on adultery is apparently violative of the right to equality under the Constitution as it treats married men and married women differently. A five-judge Constitution bench headed by Chief Justice Dipak Misra, which is hearing a petition challenging the constitutional validity of Section 497 of …

Bengaluru: Guled, first IPS to face adultery case
6 years, 5 months ago

Bengaluru: Guled, first IPS to face adultery case

Deccan Chronicle  

Bengaluru: Former SP, Bengaluru Bheemashankar S. Guled is perhaps the first serving IPS officer in Karnataka to be charged with adultery under Sec 497 of the IPC in the recent past. The IPS fraternity has, meanwhile, washed their hands off the 2012 batch IPS officer for committing an act of "moral turpitude" and bringing disrepute to the police department. But …

Centre opposes plea that seeks to charge women under adultery, says law safeguards institution of marriage
6 years, 6 months ago

Centre opposes plea that seeks to charge women under adultery, says law safeguards institution of marriage

Firstpost  

The Centre on Wednesday filed an affidavit opposing a Public Interest Litigtion that seeks to make men and women equally liable for the crime of adultery under Section 497 of the Indian Penal Code, media reports said. It states: “Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the …

SC Admits Writ Petition Challenging the Vires of Section 497IPC: Advocate Argues on Gender Bias and Constitutional Validity
7 years, 1 month ago

SC Admits Writ Petition Challenging the Vires of Section 497IPC: Advocate Argues on Gender Bias and Constitutional Validity

Live Law  

The Supreme Court has admitted and issued notice on a writ petition challenging the validity of section 497 of the IPC, which grants immunity to women from prosecution for adultery, even as an abettor. The petition argues that the section extends immunity to women even as an abettor, which is inconsistent with the principle of gender equality enshrined in the …

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