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The Supreme Court headed by a bench comprising Chief Justice DipakMisra, Justice AM Khanwilkar, Justice DY Chandrachud, Justice RF Nariman, Justice Indu Malhotra held that section 497 of the Indian Penal Code which criminalises adultery is unconstitutional. Section 497 punishes a married man for having sex with wife of another man. However the punishment is exempted if it is performed in connivance or consent of the husband. The bench spoke against this and held this to be against the personal liberty and dignity of a woman. They cannot be treated as a chattel. Also, if one looks at it from the equality point of view then adultery must not be applicable to a man alone. The court however clarified that adultery would be a ground for divorce. It is needless to say that if this adulterous behaviour leads to the suicide of a spouse, the other would be held guilty for abetment of the same under section 306 of IPC.
The Judgment also struck down section 198 of the Code of Criminal Procedure. Justice Chandrachud said that Autonomy is intrinsic Tina woman’s dignity. The law in adultery is a codified rule of patriarchy. Respect for sexual autonomy must be emphasized. Marriage does not preserve ceiling autonomy. Section 497 perpetrated subordinate nature of women in marriage. The four day long hearing witnessed a number of feminist remarks from the Supreme Court five judge bench. The Judgment also draws heavily from Justice Nariman's judgment in the Triple Talaaq case.
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