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 for a very long time.” Responding to Ms. Maliwal’s response to the judgement, Ms. Krishnan said, “She is stating that adultery should have been criminalised for both men and women. No feminist group in the world would have a different position, nor would any democratic country.” ‘Husband’s property’ Senior advocate Prashant Bhushan, in a tweet said, “Another fine judgment by the SC striking down the antiquated law in Section 497 of Indian Penal Code, which treats women as property of husbands and criminalise adultery.

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History of this topic

Absence of law can’t give blanket immunity to adulterer, says HC
1 year ago

Absence of law can’t give blanket immunity to adulterer, says HC

Hindustan Times  

Absence of a law that makes adultery an offence cannot provide individuals with a blanket immunity of marrying another person secretly during the subsistence of their first marriage, the Delhi high court said, adding that it was crucial to legally protect those partners who have committed to the sanctity and values of marriage. The bench in the verdict made public …

Harassing Husband Publicly, Portraying Him As 'Womanizer' Extreme Cruelty: Delhi High Court Upholds Divorce
1 year ago

Harassing Husband Publicly, Portraying Him As 'Womanizer' Extreme Cruelty: Delhi High Court Upholds Divorce

Live Law  

The Delhi High Court recently upheld divorce granted to a married couple on the ground of cruelty by the wife, observing that her act of harassing and humiliating the husband publicly and portraying him as a “womanizer” in his office is an act of extreme cruelty to him. A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal …

A cautionary tale for cause lawyers
1 year, 2 months ago

A cautionary tale for cause lawyers

Hindustan Times  

The Supreme Court on October 17 unanimously rejected the argument that there is a constitutional right to same-sex marriage. While the minority recognised and sought to operationalise the right to adoption and a civil union, the majority did not go as far and stopped short of generally recognising the right to a relationship and the discriminatory impact of the existing …

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 …

Not a crime if consenting married adults are in a live-in relationship: Delhi High Court
1 year, 3 months ago

Not a crime if consenting married adults are in a live-in relationship: Delhi High Court

The Hindu  

September 23, 2023 11:24 am | Updated 11:24 am IST - NEW DELHI : The Delhi High Court has recently held that a live-in relationship between two consenting adults, married to different partners, may be considered undesirable by a section of society but it is not a criminal offence. Similarly, immorality cannot be punished by law unless provided by a …

Criminalisation of marital rape | Appeal filed in Supreme Court against Delhi High Court's split verdict
2 years, 7 months ago

Criminalisation of marital rape | Appeal filed in Supreme Court against Delhi High Court's split verdict

The Hindu  

A petition was filed in the Supreme Court appealing against the Delhi High Court’s split verdict in the marital rape case. The judges of the High Court has differed on the cardinal issue whether men can face the charge of rape for forcing themselves on their wives. While Justice Shakdher, who headed the High Court Bench, favoured striking down the …

The Delhi High Court’s split verdict on marital rape needs resolution
2 years, 8 months ago

The Delhi High Court’s split verdict on marital rape needs resolution

The Hindu  

A division Bench of the Delhi High Court recently delivered a split verdict on whether exception two to Section 375 of the Indian Penal Code, i.e., marital rape exception, is unconstitutional. Since there is no rational nexus between the differentia and the object of the law, marital rape exception fails the test of reasonable classification and must be struck down …

Marital Rape: Sexual Autonomy of Women Non-compromisable, Says Justice Hari Shankar
2 years, 8 months ago

Marital Rape: Sexual Autonomy of Women Non-compromisable, Says Justice Hari Shankar

News 18  

Sexual autonomy of women is non-compromisable and females are equal to men in every way that matters, Justice C Hari Shankar of the Delhi High Court said on Wednesday. The issue of criminalisation of marital rape witnessed a split verdict from a division bench of the high court with Justice Rajiv Shakdher favouring striking down the exception in law which …

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 …

Is Extra Marital Consensual Gay Relationship A Crime? Read What Bombay HC Said
5 years, 11 months ago

Is Extra Marital Consensual Gay Relationship A Crime? Read What Bombay HC Said

Live Law  

Discharging a man accused under Section 377 IPC, the Bombay High Court observed that extra marital consensual sexual relationship is not a criminal offence, in view of Supreme Court judgment in Navtej Singh Johar vs. Union of India. The Sessions court, partly allowed revision petition and discharged him from offences under sections 323 and 504 of the Indian Penal Code …

Arun Jaitley on Section 377 verdict: 'Disagree with Supreme Court's reasoning that sexuality is part of free speech'
6 years, 3 months ago

Arun Jaitley on Section 377 verdict: 'Disagree with Supreme Court's reasoning that sexuality is part of free speech'

Firstpost  

New Delhi: Finance Minister Arun Jaitley on Saturday said he did not agree with the portion of the historic Supreme Court judgment decriminalising consensual gay sex that called sexuality a part of free speech, as he felt it raises questions on restraining any form of homosexual or bisexual activity in a school hostel, prison or army frontier. On the Supreme …

SC ruling on adultery: Remarks by DCW chief Swati Maliwal are an indication of state of marriage
6 years, 3 months ago

SC ruling on adultery: Remarks by DCW chief Swati Maliwal are an indication of state of marriage

Firstpost  

Swati Maliwal would like to stick it to men who cheat on their wives, but it would be nicer if women could deal with being cheated on without also having to deal with shame and impoverishment. Anti women decision.” Factually, as many have pointed out to Maliwal, she is totally in the wrong about any legal advantages a woman with …

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 …

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 …

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 …

Delhi Commission for Women chief Swati Maliwal wants adultery to continue being crime, gets slammed
6 years, 3 months ago

Delhi Commission for Women chief Swati Maliwal wants adultery to continue being crime, gets slammed

Op India  

Delhi Commission for Women chief Swati Maliwal today expressed her displeasure at the Supreme Court of India verdict on declaring section 497 of the Indian Penal Code on adultery, unconstitutional and calling it “manifestly arbitrary”. — Swati Maliwal September 27, 2018 Calling it ‘anti-women decision’, Maliwal said that instead of making the law gender neutral, it was decriminalised. However, her …

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 …

Women have to live up to impossible virtues: DY Chandrachud's adultery judgment
6 years, 3 months ago

Women have to live up to impossible virtues: DY Chandrachud's adultery judgment

India Today  

Society ascribes "impossible virtues" to women and confines them to "a narrow sphere of behaviour" by expecting conformity, Justice Dhananjaya Y Chandrachud wrote as he joined four other Supreme Court judges in declaring a 158-year-old adultery law unconstitutional. READ | Adultery law: Justice Chandrachud overturns another judgment by his father "Ostensibly, society has two sets of standards of morality for …

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 …

Breaking: SC To Pronounce Judgment On Petitions Seeking Decriminalisation Of Adultery Tomorrow
6 years, 3 months ago

Breaking: SC To Pronounce Judgment On Petitions Seeking Decriminalisation Of Adultery Tomorrow

Live Law  

A five-Judge Constitution Bench of the Supreme Court is set to pronounce the judgment on the validity of Section 497 of the Indian Penal Code, which criminalises adultery, tomorrow.The petitions before the court assert that the exemption of women from punishment for adultery is a patriarchal baggage which treats women as ‘chattel’ having no agency. A five-Judge Constitution Bench of …

Supreme Court deliberates over adultery laws: An individual's right to choose sexual partners must be respected
6 years, 4 months ago

Supreme Court deliberates over adultery laws: An individual's right to choose sexual partners must be respected

Firstpost  

Chances are, if the current laws on adultery are made gender-neutral, allegations of adultery could be filed against a rape victim as well By Aashika Ravi Many a liberal has at some point ranted about India’s Victorian laws. On 2 August, it declared that the laws were “anti-women” whereas its most recent comments came in disagreement with the Centre’s argument …

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 …

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 …

Marital Rape Hearing-Marriage Does Not Mean That Wife Should Always Be Willing To Engage In Sexual Relations: Delhi HC
6 years, 5 months ago

Marital Rape Hearing-Marriage Does Not Mean That Wife Should Always Be Willing To Engage In Sexual Relations: Delhi HC

Live Law  

Hearing petitions demanding criminalisation of marital rape, the Delhi High Court on Tuesday reportedly asserted that marriage does not mean that the wife should always be willing to consent to have physical relations with her husband.The observation was made by a Bench comprising Acting Chief Justice Gita Mittal and Justice C. Hari Shankar, on a Petition by the RIT Foundation, …

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 …

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