Today another monumental judgement took place by supreme court. The Supreme Court decriminalises adultery.Yes we heard it right, section 497 have finally got removed after ruling India for 158 years. It is a happy moment for new India progress. Justice DY Chandrachud said, section 497 is mastering dignity of a woman in India, as based on 497 section the society seeks not only to control woman sexuality but brings questions on their moral and character. According to Chief Justice Dipak Misra, adultery should not be crime unless it violating the law under the scope of 306 (abatement to suicide) of Indian Penal code.
According to Section 497, of 158 years old Indian penal code that whoever will be involved in sexual intercourse with a wife of another man, without the consent or connivance of that man without amounting to the offence of rape, such involvement is considered guilty and in the offence of adultery. The apex court had referred to bench of five judges from Constitution as the plea challenging the validity of the penal law of adultery set from 158 years. The SC had taken their vision ahead in to the concept of society and act on “Gender Neutrality’.
Once again the five-judge constitution bench, headed by CJI Dipal Misra and including DY Chandrachud, AM Khanwilkar, Rohinton Nariman and Indu Malhotra acted upon the most challenging plead and successfully changed the desire of new constitutional law by observing through today’s judgement by decriminalising section 497. The society must treat men and women equally and equally liable for fundamental rights of the citizens.