Adultery law will preserve ‘sanctity of marriage’, says govt; SC asks how?

The adultery law punishes a married man for having sexual relationship with a married woman.
The Supreme Court was hearing a PIL challenging the constitutional validity of Section 497 of the IPC. (HT File Photo)
The Supreme Court was hearing a PIL challenging the constitutional validity of Section 497 of the IPC. (HT File Photo)
Updated on Aug 08, 2018 04:09 PM IST
Copy Link
Indo Asian News Service | By Indo Asian News Service

The Supreme Court on Wednesday questioned the government’s stand defending the adultery law that punishes a married man for having sexual relationship with a married woman.

As the government defended the retention of Section 497 of the Indian Penal Code (IPC) for preserving the “sanctity of marriage”, a five-judge Constitution Bench headed by Chief Justice Dipak Misra asked how it preserved the “sanctity” when with the extra-marital affair becomes non-punishable if the woman’s husband stands by her.

Other judges on the bench are Justice Rohinton Nariman, Justice A.M. Khanwilkar, Justice D.Y. Chandrachud and Justice Indu Malhotra.

“Where is the sanctity of marriage when the husband can consent,” asked Justice Nariman. The Chief Justice said: “We are not questioning the legislature’s competence to make laws but where is the ‘collective good’ in Section 497 of IPC.”

Telling Additional Solicitor General Pinki Anand that “dichotomy is manifest (in Section 497)”, Chief Justice Misra said: “Husband can only have control over his emotion and cannot ask wife to do this or that.”

The court was hearing a PIL challenging the constitutional validity of Section 497 of the IPC and Section 198(2) of the Code of Criminal Procedure.

SHARE THIS ARTICLE ON
Close Story
SHARE
Story Saved
OPEN APP
×
Saved Articles
My Reads
Sign out
New Delhi 0C
Tuesday, October 19, 2021