Hi everyone. I welcome you all to my second blog. Today I will discuss with you the law relating to adultery i.e. section 497 Indian Penal Code. 

To begin with many of India's legal provisions have been drafted by the Britishers. One of them is our penal law known as Indian Penal Code (IPC) 1860. This code defines various types of crimes and prescribes the punishments for them . 

Section 497 IPC deals with the offence of adultery. Adultery means when a married man develops illicit relationships with another married woman. In 1860 when this section was drafted it was considered necessary for the protection of women. At that time the position of women in our society was way different than now. Women was uneducated, umempowered, unaware of her rights. They used to get married at a very young age & always remained under the shadow of their husbands . Seeking protection from them. 

The legislature had the idea and objective to protect women but a deep analysis of section 497 makes it clear that it is a clear example of gender discrimination and male chauvinism. 

Let us look at a few grounds on basis of which sec 497 was repeatedly challenged before the Supreme Court of India and finally it was struck down in 2018 in the case of JOSEPH  SHINE VS UNION OF INDIA. 

1. Under Sec 497 only the adulterous man is held liable for adultery. Whereas the adulterous woman is not held liable even as an abetter of the offence. Does that mean it gives a license to the woman to abett commission of adultery. 
2. The only aggrieved party is the husband of the married woman. Which means that only he can initiate prosecution. On the other hand the wife of adulterous man is not an aggrieved party. 
3. The husband of the adulterous woman can only prosecute the other man and not his own disloyal wife. 
4. The wife of adulterous man cannot prosecute her own disloyal husband. 
5. This section treated women as property of their husbands. If the adulterous man committed illicit relationship with the married woman with her husband's consent or connivance then no offence is committed. 
6. Adultery happens only when the adulterous woman is married i.e. she is someone's lawfully wedded wife. Does that mean that married man has complete freedom to establish extra marital relationships with an unmarried or divorced woman ? 
7. Woman was not prosecuted because it was considered that only man can be the offender and never a woman . Man is the only seducer and woman is an easy victim of crime. 
8. Wife was considered as property  of her husband & if an outsider developed illicit relationships with her it was taken to be a theft of husband's property so he was made the aggrieved party. 

So ultimately Supreme Court in Joseph Shine's case held that section 497 is unconstitutional. It violates Article 14 , 15 , 21 of Indian Constitution. 

It is a pre Constitutional law which is not applicable now. Position of women has changed. She is educated, independent, empowered , can take her own decisions. Civil political & Socio economic changes have come So this law seems to be completely vague and arbitrary. Finds no applicability in contemporary world. 

However Adultery is still available as a ground for obtaining divorce to both the husband and wife. 

See you soon.

Thanks.