Adultery Law Scrapped: Delhi On Sex Outside Marriage

Adultery no longer a crime Supreme Court

In a judgment that has the potential to impact millions of families, the Supreme Court of India declared the 150-year-old adultery law as unconstitutional.

The more than century-old law stated that any man who slept with a married woman without her husband's permission had committed adultery, a crime carrying a five-year prison term. The Chief Justice while delivering the verdict said that adultery might not be the cause of an unhappy marriage; it could be the result of one.

This came after a businessman, Joseph Shine, filed a Public Interest Litigation (PIL) for Section 497 to be struck down on grounds of being unconstitutional, unjust, illegal and arbitrary. "We are not questioning the legislature's competence to make laws but where is the "collective good" in Section 497 of IPC?" So a man can't be prosecuted, by his wife, for having an affair with an unmarried woman. "The husband is not the master of the wife", the verdict added.

"It had a chilling effect on a lot of divorce cases", said Indira Jaising, a Supreme Court lawyer.

The Legislature has imposed a condition on sexuality of women by making adultery as offence, he said.

Shine's 45-page petition "liberally quotes from American poet Ralph Waldo Emerson, women rights activist Mary Wollstonecraft and former UN Secretary General Kofi Annan on gender equality and rights of women", according to the BBC. Further, they point out that the section also exempts sexual acts with the wife of another man, if they are performed with the consent or connivance of that man. We argued that Section 198 of the Cr.P.C violated Article 14 of the Constitution of India because they fail the test of reasonable classification as they carve out arbitrary classifications in favor of the husband.

Paul Pogba and Jose Mourinho have an argument at the Carrington grounds
I don't think so", Mourinho said. "I think the World Cup is the flawless habitat for a player like him to give [their] best", Mourinho told ESPN FC .

White House is open to testimony from Deborah Ramirez, Trump spokeswoman says
Previously Christine Blasey Ford alleged that Kavanaugh and another book had shut her in a room and tried to tear at her clothes. Ford's lifelong friend has said she doesn't know me and never remembers being at a party with me at any time in her life".

Paul Pogba backs Alexis Sanchez to rediscover best form
Paul Pogba has said Manchester United need to attack more at Old Trafford after Saturday's frustrating draw at home to Wolves . And he reckons both Jose Mourinho and Pogba's team-mates are getting fed up with him.

The Indian Government called for adultery to remain a criminal offence, but in a unanimous judgement the court found the law "perpetuates [the] subordinate status of women, denies dignity and sexual autonomy, and is based on gender stereotypes". While 3 judges of the SC bench on Wednesday ruled out Section 497 and held that making adultery a crime is retrograde and would mean "punishing unhappy people", two judges said that adultery not a criminal offence by men only.

Adultery should not be a criminal offence: CJI.

Section 34 (d) grants the right of a married person to sue his/her spouse on the grounds of adultery, fornication, bigamy, rape or any other unnatural offence.

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.

The law criminalised consensual sexual relations between a man and a married woman without the consent of her husband.

The son had done it in August past year too when he had over-ruled another of his father's judgment while delivering the verdict on the issue of privacy.

Related news:

loading...

Hot News

isis-killer-beheading-video-story-top Iran holds mass funerals for victims of military parade attack
Sep 26, 2018 - 00:45
Haley was asked about comments made on Saturday night after the attack by President Donald Trump's personal lawyer, Rudy Giuliani. Iranian leaders blamed the USA and Israel and threatened retaliation. "The thing he's got to do is look in the mirror".

isis-killer-beheading-video-story-top Meghan Markle Reveals Her 'Something Blue' From Royal Wedding
Sep 26, 2018 - 00:31
Meghan said it was her idea to incorporate the symbolism in a design which mirrored that of the Queen's Coronation gown in 1953. The event is the first of its kind held in Britain and marks 250 years since Captain James Cook first travelled to the region.

isis-killer-beheading-video-story-top Dallas police officer accused in neighbors death fired
Sep 25, 2018 - 00:29
After completing an internal investigation, the police department said Guyger was "terminated for her actions" during her arrest. When she opened the door, she saw the interior was almost completely dark, according to the affidavit.

isis-killer-beheading-video-story-top Chiefs emerge as trade candidate for Earl Thomas
Sep 24, 2018 - 17:44
Seattle went 14 games without a running back finding the end zone until Carson bulled his way in with 12:54 remaining. When asked if he would play on Sunday, Carroll said: "We'll see how he's doing, make sure he's okay".

isis-killer-beheading-video-story-top Bill Cosby Arrives to Court Before Sentencing, Faces Up to 30 Years
Sep 24, 2018 - 17:42
Lublin said Cosby assaulted her in 1989 while Lasha said she was assaulted in 1986 when she was an aspiring actress. More than 60 other women have accused Cosby of sexual assaults dating back decades.

isis-killer-beheading-video-story-top Woods, Rose tied for halfway lead at Tour Championship
Sep 23, 2018 - 20:41
Woods is just 18 holes away from ending a five-year wait for a tournament win. "I feel good about it". He would finish with a round-of-the-day 65 for a three-stroke lead over Rose and Rory McIlroy .

isis-killer-beheading-video-story-top China: Beijing to Cut Tariffs on Imports From Most Trading Partners
Sep 23, 2018 - 20:28
But the higher-valued dollar has also diminished the value of the Turkish lira and the Argentine peso, among others. The world's two largest economic superpowers have already applied tariffs on $50 billion of each other's imports.

isis-killer-beheading-video-story-top Why Comcast aggressive bid for Sky is actually defensive
Sep 23, 2018 - 20:24
Disney's $71 billion deal for Fox brought it franchises such as the "X-Men" and hit shows like " The Simpsons ". Had the bid been close, there was speculation that Sky might have recommended the Fox offer to shareholders.

isis-killer-beheading-video-story-top Graeme Souness' Obsession Continues As He Criticises Paul Pogba Again
Sep 22, 2018 - 02:22
It is also about getting the right ones and I think they've got good young players and got also good experienced, stable players". But Mourinho continues to put his faith in Pogba and has made him captain in the absence of Antonio Valencia.

isis-killer-beheading-video-story-top The Browns won so now those beer fridges are open
Sep 22, 2018 - 02:06
Fans of the Cleveland Browns were able to celebrate their first win since 2016 with free beer Thursday night. Landry was a major beneficiary of Mayfield's entrance, catching eight passes for 103 yards for the game.

isis-killer-beheading-video-story-top Amazon's store expansion is beyond flawless for introverts
Sep 21, 2018 - 02:49
Under the plan cited by Bloomberg , 10 Go stores would be up and running by the end of 2018, 50 in 2019, and up to 3,000 by 2021. Sleek black cameras monitoring from above and weight sensors in the shelves help Amazon determine exactly what people take.

isis-killer-beheading-video-story-top Trump Urged Spain to Build Wall Across Sahara
Sep 21, 2018 - 02:30
Trump's plan for a border wall along the US-Mexico border has encountered many obstacles in US Congress. Trump and his wall promise has sparked a concern since his United States election campaign in 2016.

isis-killer-beheading-video-story-top Coca-Cola denies reports they are looking at making cannabis-based drinks
Sep 20, 2018 - 01:22
There are no guarantees of any deal between Aurora and Coca-Cola, according to the report. Coca-Cola is considering a move into the growing market for cannabis-infused drinks.

isis-killer-beheading-video-story-top Outside groups dig in as allegation roils Kavanaugh nomination
Sep 20, 2018 - 01:08
If that timetable slips, it would become increasingly hard for Republicans to schedule a vote before the November 6 elections. The Democratic members of the committee are reportedly not planning on being in attendance to participate.

isis-killer-beheading-video-story-top The Talk: A teary-eyed Julie Chen bids farewell
Sep 19, 2018 - 00:32
Sara Gilbert , a co-host and the creator of the show, expressed gratitude to Chen before the conclusion of the broadcast. The reports, at the time, didn't state whether or not Julie will remain as host of Big Brother .