For those who aren’t aware what the adultery law says, it’s the section 497 of the Indian Penal Code or IPC that deals with adultery.
The Section 497 read as follows –
“Adultery.—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 offense of rape, is guilty of the offense of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.”
Additionally, the section 198 of IPC gives only the husband the right to file a case against the man involved with the wife in the act of adultery. Furthermore, if the husband of the woman gives consent to his wife to have intercourse with another man, the act is not regarded as an offense.
This section thus only reiterates that India is misogynist thinking and is a place where women are denied equality and more so are considered commodities of men.
A petition was filed in December 2017 to decriminalize this law and the supreme court decided to accept the litigation in public interest. The hearing began in August 2017 and the judgement was delivered on September 27, 2018. This law was recently scrapped off by a five bench judges. One of the judge was justice DY Chandrachud. It was in 1985 that this law was upheld by a bench headed by none other than his own father. Today in 2018, the son overruled the judgement stating ‘the adultery law is arbitrary and it offends the dignity of a woman’. The bench further stated that the section 497 (of the IPC)
Though the Chief justice Deepak Misra said that even if it cannot be considered a criminal offence, it can be considered a ground for filing divorce.
*Sourced from the Internet