On Friday, the Supreme Court issued a notice to the government in a petition challenging the Constitutionality of Section 497 of the IPC, which is the section regarding adultery, Bar and Bench reported.
The petition was filed by Joseph Stein and the bench was headed by Chief justice Deepak Misra and Justices AM Khanwilkar and DY Chandrachud.
Under the section, the offence of adultery is criminalised, but only the man is liable for punishment. Further, if the husband of the woman gives his consent for sexual intercourse with another man, there is no offence.
The Bench, while issuing notice to the Central government, noted in its order that on a prima facie reading of Section 497, it finds that the provision relieves the woman of any liability. The Bench noted:
Though the act is hypothetically capable of being committed by both the man and the woman, only one is liable for criminal offence.
The Court noted that criminal law proceeds on gender neutrality, making this provision an aberration of the same. It further noted that the provision sees the woman as a man’s property.
It is perceivable from the language of the provision that the fulcrum of offence is destroyed once the consent of husband is obtained. Viewed from that scenario, the provision creates a dent on the independent identity of the women.
The government has four weeks to respond to the notice.
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