Adultery not a crime, law unconstitutional, rules Supreme Court: Here's what the apex court said

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The Supreme Court Thursday declared as unconstitutional the penal provision on adultery. A five-judge apex court bench unanimously struck down penal provision making adultery a criminal offence. 

Chief Justice Dipak Misra and Justices A M Khanwilkar and RF Nariman held that Section 497 of the Indian Penal Code dealing with the offence of adultery is unconstitutional.

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

Justice Nariman termed Section 497 as archaic law and concurred with the CJI, Justice Khanwilkar saying that Section 497 is violative of right to equality and right to equal opportunity to women. 

"Section 497 is clear violation of fundamental rights granted in Constitution," Justice Indu Malhotra said.

Here's what all the Supreme Court said:

# Beauty of the Constitution is that it includes "the I, me and you".  CJI Dipak Misra

# Section 497 of the IPC is manifestly arbitrary the way it deals with women. Mere adultery can't be a crime, unless it attracts the scope of Section 306 (abetment to suicide) of the IPC.

# Adultery can be treated as civil wrong for dissolution of marriage. Adultery should not be a criminal offence

# There can't be any social licence which destroys a home.

# Adultery can be a ground for civil wrong, a ground for divorce but not criminal offence

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# Adultery is not a crime in countries like China, Japan and Australia.

# Adultery might not be cause of unhappy marriage, it could be result of an unhappy marriage.

# Adultery dents individuality of women. Husband is not the master of woman. 

# Unequal treatment of women invites wrath of Constitution. Equality is governing parameter of the Constitution. Any provision treating women with inequality is not constitutional.

# Section 497 is denial of substance of equality. Section 497 is held to be unconstitutional as adultery is manifestly arbitrary: Justice Chandrachud. 

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