Section 497 of the 158-year-old IPC says: “Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery. The offence of adultery entailed a maximum punishment of five years, or with fine, or both.
On Thursday, the bench comprisin Chief Justice Dipak Misra and Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra held that Section 497 is unconstitutional.
When the Supreme Court verdict declared that adultery is not a crime, the 32-year-old IT professional from Pune, who has spent over Rs 4 lakh on legal consultations, said he was relieved but also troubled.
“The judgement brings me relief but what about the years of harassment and trauma that I went through,” he said.He said his wife slapped a case of adultery against him when he found out about her affair.
“I am happy that finally a gender-neutral decision has been taken but I have gone through so much stress. I wish the decision had come earlier,” the 35-year-old doctor from Delhi said.
A five-judge Constitution bench headed by Chief Justice Dipak Misra was unanimous in striking down Section 497 of the Indian Penal Code dealing with the offence of adultery, holding it manifestly arbitrary, archaic and violative of the rights to equality and equal opportunity to women.
The 45-year-old from Bangalore said his wife has accused him of domestic violence and demanding dowry.
The judgement received mixed response from husbands. While some called it empowering, many said it would make their life worse
According to him, the Supreme Court verdict would make life more miserable for people like him.
“Earlier at least the wife of the paramour was able to file a case against him but now my wife and her lover will get a free hand to do what they want,” he said.
According to Rajesh Vakharia, activist and president of Save the Family Foundation, the apex court verdict was taken in the name of women’s empowerment but there is also the issue of family empowerment.”It cannot be one-sided,” he said.
Kumar Jahagirdar, another activist fighting for the rights of the men, said domestic violence should be made gender neutral and there should be counselling before marriages to check compatibility between couples.
The Supreme Court bench also held that adultery would continue to be treated as a civil wrong and can be ground for dissolution of marriage.
There can’t be any social licence which destroys a home, the chief justice added.
In Social media section of people has said this verdict will certainly help accused hindu sadhus and Christian bishops who been chargesheeted under Sec 497 a clear exit