27 September 2018
Apex Court Decriminalizes the Provision of Adultery in the Indian Penal Code
The Hon’ble Supreme Court after reserving its verdict on the validity of the offence of Adultery defined under Section 497 of the Indian Penal Code held that the offence of Adultery as enshrined is unconstitutional and decriminalized the same as it is based on the idea of treating a woman as “chattel” (i.e. property of her husband) and “dents” her individual dignity. It was also opined by the Hon’ble Chief Justice of India Mr. Deepak Misra that Adultery could be a ground for divorce but not a criminal offence. Hence, adultery would still continue to subsist as a civil wrong as per the Hon’ble court’s Judgement.