Adultery is no more a crime: Supreme Court

ADULTERY NOT A CRIME

Question: In which year Indian Penal code came into existence?
(a) 1960
(b) 1860
(c) 1870
(d) 1890
Answer: (b)
Related facts:

  • A five-judge bench of the Supreme Court Supreme Court has ruled that adultery is no longer a crime, declaring this law unconstitutional and discriminatory against women.
  • In an affidavit filed by the Centre Government demanded the dismissal of the petition, and asserting that Section 497 “supports safeguards and protects the institution of marriage”.
  • The Court unanimously ruled that the criminal offence of having a sexual relationship with a woman without her husband’s consent was archaic and deprived women of agency.




  • It is submitted that striking down section 497 of IPC and Section 497 of IPC and Section 198(2) Cr.P.C. will prove to be detrimental to the intrinsic Indian ethos which gives paramount importance to the institution and sanctity of marriage.
  • It is submitted that the final Report of Law Commission is awaited regarding the amendment of Section 497 IPC. The Malimath Committee in its report has held that the object of this section is to preserve the sanctity of the marriage.

Case Reference

Joseph Shine vs. Union of India (Writ Petition (Crl). No. 194 of 2018)

Links:

https://www.theguardian.com/world/2018/sep/27/adultery-is-not-a-crime-india-top-court-rules

https://www.livelaw.in/breaking-decriminalisation-of-adultery-will-destroy-the-institution-of-marriage-centre-seeks-dismissal-of-petitions-challenging-s-497-ipc/

https://www.japantimes.co.jp/news/2018/09/27/asia-pacific/social-issues-asia-pacific/indias-top-court-rules-adultery-no-longer-crime/#.W9rlkZMzbIU

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