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Section 497 of IPC declared unconstitutional
September 30 , 2018
2253 days
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- Supreme Court, on 27 September 2018, has unanimously struck down Section 497 of Indian Penal Code (IPC) 1860 that makes adultery punishable offence for men.
- The judgment was given by 5-judge bench of the Supreme Court on a petition filed by non-resident Keralite Joseph Shine.
- Justice Indu Malhotra was lone woman judge on this bench.
- The apex court also declared section 198(1) and 198(2) of the Code of Criminal Procedure (CrPC) as unconstitutional.
- These sections of CrPC allows husband to bring charges against man with whom his wife committed adultery.
- Supreme Court ruled that
- The adultery law violates Article 21 - Right to life - and Article 14 - Right to equality.
- Section 497 deprives women of dignity, equality, and treats women as the property of men after marriage.
- It also ruled that It can't be considered as a crime unless it attracts the scope of Section 306 (abetment to suicide) of the IPC.
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