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Recently, a issue regarding the equality of women and husband under Section 497 of Indian Penal Code which talks about “Adultery” was raised in the Supreme Court through a PIL. Section 497 Of IPC states that “Whoever has sexual intercourse with a person who he has reason to believe that she is the wife of another man, without the consent of that man, such sexual intercourse not amounting to the rape, is guilty of adultery, and shall be punished as per this provision but the wife shall not be punished as an abettor”.
When this matter was brought to light, the Supreme Court acknowledged the petition and agreed to review Section 497 of IPC as a criminal offence and also made a documentation which spoke about the equality of man and woman. The Supreme Court also examined the various aspects of Section 497 of IPC i.e., the treatment of the man as an adulterer and the woman as a victim and also how a woman has been considered as a ‘property’ of her husband as the provision clearly states ‘without the consent or connivance of that man’. This provision only gives the right for the husband to file a complaint and also challenges the validity of the provision of Section 198 (1) and (2) of Code of Criminal Procedure. The Advocates who were arguing for the petitioner raised the contention to quash Section 497 of IPC as unconstitutional.
The petitioner’s reasoning was summarized by Justice D.Y. Chandrachud which held that Section 497 of IPC violates the fundamental right of women against discrimination as per Article 15 of Constitution of India. The Supreme Court had previously upheld the constitutionality of Section 497 of IPC in three decisions i.e., in 1954, 1985 and 1988.
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