2023-12-19 11:10:05

ABOLISHMENT OF SECTION 497, IPC

ADULTERY Under IPC

Section 497 dealt with adultery which means "voluntary sexual intercourse between a married person and a person who is not their spouse, however its legal definition differs from statute to statute and country to country.

According to section 497 ,IPC anyone who have sexual intercourse with the wife of another man, without the consent of that man, such sexual intercourse will not be equivalent to the offence of rape, and is guilty of the offence of adultery, carried a maximum punishment of five years of imprisonment, or fine, or with both.

In such scenario the wife shall not be punishable as an abettor”. The law raised questions about unequal treatment, as it did not hold women accountable for the same offense.

The concept of adultery focus on the act of sexual intercourse taking place between a married woman and a man other than her husband, in which man will be guilty as the wife was exempt from such punishment. When a married man had sexual intercourse with any unmarried woman, no party will be punished in such scenario; but if a married man had sexual intercourse with a married woman other than his own wife.

Adultery was only actionable upon the complaint of the aggrieved husband.

ISSUES

• Gender Discrimination

Section 497, IPC criticized for being gender-biased, as it penalized only men for adultery and treat women as their husband's property.

• Marital Autonomy

The law was seen as an violation on the privacy and autonomy of married couples. It was argued that the state should not have the power to control consensual sexual relationships between the adults, as it is against the fundamental rights of dignity and privacy preserved in the Indian Constitution.

• Ineffectiveness

The law was criticized for being ineffective in restricting adultery and did not to address the issues like extramarital affairs.

PETITION TO DECRIMININALISE SECTION 497

The Supreme Court in December 2017 decided to accept the public interest litigation, (PIL) in which it has been mentioned that the Court entirely abolish or strike down Section 497 of the Indian Penal Code.
It has been argued that the section 497 of IPC violates Article 14 and Article 15 of the Constitution of India.
Article 14 OF Indian constitution state that - "The State shall not deny any person equality before the law or the equal protection of the laws within the territory of India."
Article 15 of Indian constitution state that- "The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them."

JUGDEMENT

In October 2017, Joseph Shine, a non-resident Keralite, filed a (PIL) public interest litigation under Article 32 of the Indian Constitution. The petition challenged the constitutionality of the offence of Section 497, IPC read with (r/w) Section 198(2) of the CrPC.
Section 497 IPC criminalize adultery by stating culpability on a man who engages in sexual intercourse with wife of another person. Offence of Adultery was punishable with a maximum imprisonment of five years.

EXEMPTED FROM PROSECUTION ARE AS FOLLOWS:

• Women,

• Consenting parties.

A married woman Cannot file a complaint under Section 497 IPC ,when her husband is engaged in sexual intercourse with an unmarried woman. Section 198(2) of CrPC which state how a complainant can file charges for offenses committed under Sections 497 and 498 IPC.

A five-judge Constitution bench of the Supreme Court consentaneously ruled to struck down Section 497 of the Indian Penal Code (IPC), which deals with adultery.

The five-judge Constitution bench, conducted by Chief Justice Dipak Misra and comprising Justices R F Nariman, D Y Chandrachud, A M Khanwilkar and Indu Malhotra, had reserved it verdict in the case in August.
Calling the law out dated and paternalistic and it violates Articles 14 and 21 of the Indian Constitution the justices said that: “Adultery can be ground for civil issues including dissolution of marriage yet it cannot be a criminal offence.”
The Bench peruses Section 198 of the CrPC. Section 198(2) CrPC states that only a husband can file charges for offences under Section 497 and the wife have no such rights.

CONCLUSION

The Supreme Court of India decision regarding the decriminalization of adultery has a variety of effects on the marriage. It does not only affect the relationship between husband and wife but have major affects on the children’s of such couple which means the family system will be effected immensely.