Supreme Court begins hearing on adultery law · of adultery in the Indian Pe-nal Code treats a...
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Referring to how the offence of adultery in the Indian Pe- nal Code treats a woman as a “chattel” or property of her husband, the Supreme Court on Wednesday ques- tioned whether adultery should be viewed as a crime at all if it amounts to viola- tion of the right of equality of a woman. With this, a five-judge Constitution Bench, led by Chief Justice of India Dipak Misra, began examining whether the pre-Indepen- dence provision of adultery (Section 497) treats a mar- ried woman as a commodity owned by her husband and violates the constitutional concepts of gender equality. The petition filed by Kera- la-based Joseph Shine, re- presented by advocates Ka- leeswaram Raj and Suvidutt M.S., wants Section 497 to be dropped as a criminal of- fence from the penal code. The Constitution Bench will re-examine a consistent view, dating back to 1954, that adultery as an offence should be retained in the pe- nal code to uphold family ties. Section 497 of the Code mandates that if a man has sexual intercourse with another’s wife without the husband’s “consent or con- nivance,” he is guilty of the offence of adultery and shall be punished. Secondly, the provision does not confer any right on the wife to prosecute her husband for adultery. Bench to examine if it violates gender equality Legal Correspondent NEW DELHI The petition was filed by Kerala-based Joseph Shine. Supreme Court begins hearing on adultery law
Transcript of Supreme Court begins hearing on adultery law · of adultery in the Indian Pe-nal Code treats a...
Referring to how the off��enceof adultery in the Indian Pe-nal Code treats a woman as a“chattel” or property of herhusband, the SupremeCourt on Wednesday ques-tioned whether adulteryshould be viewed as a crimeat all if it amounts to viola-tion of the right of equalityof a woman.
With this, a fi��ve-judgeConstitution Bench, led byChief Justice of India DipakMisra, began examining
whether the pre-Indepen-dence provision of adultery(Section 497) treats a mar-ried woman as a commodityowned by her husband andviolates the constitutionalconcepts of gender equality.
The petition fi��led by Kera-la-based Joseph Shine, re-
presented by advocates Ka-leeswaram Raj and SuviduttM.S., wants Section 497 tobe dropped as a criminal of-fence from the penal code.
The Constitution Benchwill re-examine a consistentview, dating back to 1954,that adultery as an off��enceshould be retained in the pe-nal code to uphold familyties. Section 497 of the Codemandates that if a man hassexual intercourse withanother’s wife without thehusband’s “consent or con-nivance,” he is guilty of theoff��ence of adultery and shallbe punished.
Secondly, the provisiondoes not confer any right onthe wife to prosecute herhusband for adultery.
Bench to examineif it violatesgender equalityLegal CorrespondentNEW DELHI
The petition was fi��led byKerala-based Joseph Shine.
Supreme Court beginshearing on adultery law
