Adultery under section 497 of IPC in HINDI
Channel: Gareeb-Akbar
Date: 2020-05-26

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Section 497 of the Indian Penal Code was a section dealing with adultery. Only a man who had consensual sexual intercourse with the wife of another man without his consent could have been punished under this offence in India. The law became defunct on 27 September 2018 by a judgement of the Supreme Court of India.
[1] The Supreme Court called the law unconstitutional because it "treats a husband as the master."[2] However it is still a sufficient ground for divorce as ruled by the Supreme Court.[3] 
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 offence of rape, is guilty of the offence 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][4] be punishable as an abettor. 
— Section 497 of IPC[5]
Petition to decriminalise Section 497
Because of this problematic interpretation, the Supreme Court in December 2017 decided to accept the public interest litigation in which it has been prayed that the Court strikes down or completely does away with Section 497 of the Indian Penal Code entirely. 
It has been argued that the section violates two articles of the Constitution of India- Article 14 and Article 15. 
Article 14 reads as follows: "The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India." 
Article 15 reads as follows: "The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them."[6] 
On accepting this petition, the Court in its initial observations noted that this was not the first petition challenging the section - debates and cases on this have been in motion since 1954, making it important for the Court to decide on this question without much ado. It felt that laws are supposed to be gender neutral. However, in this case, it merely makes the woman a victim and thus "creates a dent on the individual independent identity of the woman."[7] 
The arguments by the party opposing this decriminalisation- the Centre- states that the section "supports, safeguards and protects the institution of marriage... Stability of marriages is not an ideal to be scorned." It further argues that if the petition is allowed, then "adulterous relations will have more free play than now." As an alternative, it provides that the recommendations of the Committee on Reforms of Criminal Justice System (2003) be implemented. This committee recommended that the wording of the section be changed to: "Whoever has sexual intercourse with the spouse of any other person is guilty of adultery..." to tackle the problem of gender bias which arises from the reading of the current secti