What Equality? Women Superior To Men, Uma Bharti Says On Adultery Ruling

Adultery a ground for divorce but not a crime SC

In their judgement, passed unanimously, the Supreme Court's Constitution Bench headed by Chief Justice of India (CJI) Dipak Misra, comprising Justices Rohinton Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra observed that mere adultery can not be a crime unless it attracts the scope of IPC's Section 306 (Abetment of suicide).

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. "In such case the wife shall not be punishable as an abettor". "Women should be treated with equality along with men", Chief Justice Dipak Misra said.

"A law that does not give women the right to sue her adulterer husband and can't be herself sued if she commits adultery is unequal treatment and militates against her status as an individual separate entity".

During the hearing, the SC had observed, "Prima facie, on a perusal of Section 497 of the Indian Penal Code, we find that it grants relief to the wife by treating her as a victim".

"Scrapping it was long overdue and is very welcome", Kavita Krishnan, secretary of the All India Progressive Women's Association, told Al Jazeera. However Section 2 (viii) of the Muslim Marriages Act says that if a man associates himself with a woman of evil repute or leads an infamous life, it amounts to cruelty to the wife. But that case, which was to have been filed by the lover's wife, is no longer valid with the court decriminalising adultery. The court however made it clear that adultery can be a ground for divorce. Far from being an equal partner in an equal relationship, Section 497 subjugated a married woman entirely to the will of her spouse, he wrote.

If "traditions", "cultural morality", "religion", etc., say otherwise, they should be disregarded.

Prashant Bhushan, a lawyer in the Supreme Court, said the watershed decisions on gay sex and adultery had shown the judges' "adherence to liberal values and the constitution".

More news: Judge set to decide whether Bill Cosby, 81, goes to prison
More news: PAOK vs Chelsea: Sarri reveals Hazard, others may not play
More news: Brett Kavanaugh accuser speaks out about sexual assault allegations

Last August, Joseph Shine, a 41-year-old Indian businessman living in Italy, petitioned the Supreme Court to strike down the law, according to BBC.

The Supreme Court on Thursday declared as unconstitutional the penal provision on adultery, saying it was manifestly arbitrary and dents the individuality of women.

The CJI and Justice Khanwilkar said: "We declare Section 497 IPC and Section 198 of CrPC dealing with the prosecution of offences against marriage as unconstitutional".

Finally, Justice Malhotra sealed the fate of the provision, questioning the need to make Adultery a criminal offence.

Couples can not use adultery as a ground for divorce if they lived together as a couple for six months after the infidelity was known about. The law was based on the concept that a woman loses her individuality once she is married, he said, adding, "adultery is a relic of past".

In 2017, in a major verdict, the Supreme Court ruled that the right to privacy is a fundamental right.

Related News:



Most liked

Jurgen Klopp: This is why Liverpool lost to Chelsea
The West Ham match on Sunday showed what happens when he has an off-day, but those are the exception rather than the rule. Watch the Liverpool forward's blunder below and decide for yourself.

Trump says he rejected meeting with Justin Trudeau
But he said: "I believe this US-China discussion will go on for a while". "I don't think there's anything to read into it", Mr. This will also mean that the United States can impose 25 percent tariffs on Canada's auto and dairy imports and exports.

Gino Recchia NBC26 Storm Shield Weather Forecast
Temperatures may warm up a bit later in the week, but another strong cold front will be arriving heading into the weekend. Temperatures will ramp up to 83 degrees by Wednesday before falling back down to the low 70s and upper 60s.

Pogba Blasts Mourinho's Tactics For United
Meanwhile, the Manchester Evening News says United , Arsenal and Juventus could battle for Hertha Berlin midfielder Arne Maier . It was not before long until the Wolves equalized with a goal from Joao Moutinho at the start of the second half.

Trump challenges Kavanaugh accuser over account of sex attack
Since Ford has filled out the troubling details of her accusation and attached her name to them, they can not treated so casually. Ford has asked me to let you know that she appreciates the various options you have suggested".

Browns fans go after Bud Light Victory Fridge after win
Mayfield connected with Jarvis Landry for his first ever career completion, then led the Browns down the field for three points. The promotion was that the fridges were stocked with Bud Light and would be unlocked after Browns wins.

In trade war fray, Jack Ma nixes pledge to create United States jobs
In an interview with Chinese state media Mr Ma said that the spiralling tariff dispute between the White House and... It's not a trade war. "You may win the battle, but you lose the war", Ma said at the shareholder event in Hangzhou.

What's the deal? Jimmy Butler reportedly requests trade from Timberwolves
Oh, and there's also the report that Butler and Irving had an interest in teaming up somewhere within the East . That's why Brooklyn, New York, and Los Angeles were listed as the frontrunner to obtain his services.

Google Home Mini Outsells Amazon Echo Dot
The first physical design, a matte black cylinder, was uninspired, but the always-on speaker and Alexa resonated with consumers. Notably, Alexa Guard turns your Echo products into little monitors that listen for breaking glass and smoke detectors.

Amazon is reportedly baking Alexa into a microwave this year
An entire family of new Alexa-controlled products is apparently in the wings, including an amplifier, receiver and subwoofer. It has also strengthened the smart speaker market, which is expected to be touch $30 billion by 2024.

Elon Musk reveals the first passenger SpaceX will send around the moon
It's been a long time since anyone has visited the moon - in fact, the last visit was 1972, more than 45 years ago. During its event tonight, the company put a name to the first private passenger who will fly around the moon.

China says Trump forces its hand, will retaliate against new US tariffs
The new round of tariffs will take effect on September 24 at a 10 percent level and rise to 25 percent on January 1, 2019. Commerce Secretary Wilbur Ross said on Tuesday the next step on holding "constructive negotiations" was up to China.

Kavanaugh accuser being represented by top #MeToo attorney Debra Katz
At the White House, Kellyanne Conway, counselor to the president, told reporters, "She should not be insulted". Lindsey Graham, R-S.C., said he was open to hearing from Ford, while resisting calls to delay the vote.

Browns trading Gordon to Patriots
The Browns announced on Saturday that they would release Gordon , and Bill Belichick loves to hand out second chances. A source told Schefter Gordon is "healthy enough from his strained hamstring to play Sunday vs. the Lions".

WHAT'S HAPPENING: Florence's rain bands lash Carolinas
That's because the longer this slow-moving hurricane hovers over land, the more rain it'll dump in the same places. Because landfalling hurricanes commonly spawn twisters, a tornado watch was issued for eastern North Carolina.





Most Commented