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The Supreme Court on Thursday declared that adultery is not a crime and struck down the anti-adultery law, saying it was unconstitutional as it dented the individuality of women and treated them as "chattel of husbands".
The apex court's five-judge Constitution bench was unanimous in striking down Section 497 of the Indian Penal Code dealing with the offence of adultery and holding it as manifestly arbitrary, archaic law which is violative of the rights to equality and equal opportunity to women.
Highlights of the Supreme Court verdict declaring as 'unconstitutional' the penal provision on adultery:
1. Adultery is not a crime.
2. Colonial-era anti-adultery law, section 497 of the Indian Penal Code, struck down being unconstitutional.
3. Law dented the individuality of women and treated them as "chattel" and "property" of husbands.
4. 158-year-old section 497 of IPC manifestly arbitrary, archaic and violative of rights to equality and equal opportunity to women.
5. Autonomy is intrinsic in dignified human existence and section 497 denudes women of their "sexual autonomy".
6. Unequal treatment of women invites the wrath of the Constitution.
7. Adultery was a relic of the past.
8. Adultery, however, should continue to be treated as civil wrong.
9. Adultery can be grounds for dissolution of marriage or divorce.
10. Mere adultery cannot be a crime, but if any aggrieved spouse commits suicide because of life partner's adulterous relation, then if evidence is produced, it could be treated as an abetment to suicide.
11. Penal provision on Adultery and section 198 of CrPC dealing with prosecution of offences against marriage declared as unconstitutional.
12. Any provision treating women with inequality is not constitutional and it's time to say that "husband is not the master of woman".
13. There can't be any social licence which destroys a home.
14. Adultery dents the individuality of women and it is not a crime in countries like China, Japan and Australia.
15. Section 497 is clear violation of fundamental rights granted in the Constitution and there is no justification for continuation of the provision.
16. Section 497 destroys and deprives women of dignity and is destructive of women's dignity, self-respect as it treats women as "chattel of husbands".
17. Adultery might not be cause of unhappy marriage, it could be result of an unhappy marriage.
18. The Constitution is that it includes "the I, me and you".
19. Equality is the governing parameter of the Constitution and section 497 of the IPC is manifestly arbitrary the way it deals with women.
20. Autonomy is intrinsic in dignified human existence and Section 497 denudes women from making choices.
21. Legislature imposed a condition on sexuality of women by making adultery as offence and section 497 was denial of substance of equality.
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(With PTI inputs)
