Adultery can be grounds for divorce but not a crime: Supreme Court
New Delhi, Sept 27 (IBNS): Scrapping the 158-year old law which was used to punish married men for having a sexual intercourse with a married woman without her husband's consent, the Supreme Court on Thursday said adultery can lead to divorce but cannot be considered as a criminal activity, media reports said.
According to Section 497, any man, who used to get involved into a physical relationship with a married woman without the permission of her husband, not amounting to rape, was considered to have committed adultery.
The woman was, however, not punished by the law, which is now unconstitutional.
Headed by Chief Justice of India, Dipak Misra, a five-judge constitutional bench- comprising Justices RF Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra- passed the verdict.
Chief Justice of India Dipak Misra has been quoted by NDTV as saying, "A man having sexual intercourse with a married woman is not a crime."
Justice Misra said any provision treating women as unequal is unconstitutional.
The court said women can't be treated as a chattel.
The Centre, which had defended the law, stated adultery must remain a crime to protect the sanctity of marriage.
The defender has been quoted by NDTV, "It is an action willingly and knowingly done with the knowledge that it would hurt the spouse, the children and the family.
"Such intentional action which impinges on the sanctity of marriage and sexual fidelity encompassed in marriage, which forms the backbone of the Indian society, has been classified and defined by the Indian State as a criminal offence in exercise of its Constitution powers."
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