SC Questions Centre’s on its Opposition to Decriminalisation of Adultery

Team SoOLEGAL 8 Aug 2018 6:15pm

SC Questions Centre’s on its Opposition to Decriminalisation of Adultery

The Supreme Court today, while hearing a plea to examine the constitutional validity of adultery law, questioned the government’s stand on defending the law.

As the government stood firm on its decision to defend the retention of Section 497 of the Indian Penal Code (IPC) for preserving the “sanctity of marriage”, a five-judge Constitution Bench presided by Chief Justice Dipak Misra asked how the law preserved the “sanctity” when the extra-marital affair becomes non-punishable if the woman’s husband supports her.

Other judges who were part of the SC bench are Justice Rohinton Nariman, Justice A.M. Khanwilkar, Justice D.Y. Chandrachud and Justice Indu Malhotra.

Where is the sanctity of marriage when the husband can consent,” Justice Nariman asked Additional Solicitor General Pinky Anand, representing the Centre.

Further, the CJI said: “We are not questioning the legislature’s competence to make laws but where is the ‘collective good’ in Section 497 of IPC.”

Justice Misra while telling AG Pinki Anand that “dichotomy is manifest (in Section 497)”, said: “Husband can only have control over his emotion and cannot ask wife to do this or that.”


Tagged: Decriminalisation of Adultery   Constitutional Validity of Adultery Law   Adultery Law   Section 497   SC  
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