The Supreme Court today began hearing the challenge to Section 497 of the Indian Penal Code (IPC) which criminalises adultery..Section 497 of IPC criminalises the offence of adultery, but only the man is liable to be punished for the offence. Further, if the husband of the woman gives his consent for sexual intercourse with another man, no offence lies..The jurisprudential basis of adultery as a criminal offence rests on women as a chattel of the husband with another man appropriating that chattel without the consent of the husband..Thus, the man alone is punishable for the same. Further, if the husband consents to the sexual intercourse, no offence lies..The debate surrounding whether man and woman should be made equally liable for adultery came up during the brief hearing today..But since adultery as a crime is based solely on the wife being a property of the husband, Justice Chandrachud remarked,.“Why should adultery be a crime at all if it violates Article 14”?.Advocate Kaleeswaram Raj then began his submissions on behalf of the petitioner. The hearing will continue tomorrow.
The Supreme Court today began hearing the challenge to Section 497 of the Indian Penal Code (IPC) which criminalises adultery..Section 497 of IPC criminalises the offence of adultery, but only the man is liable to be punished for the offence. Further, if the husband of the woman gives his consent for sexual intercourse with another man, no offence lies..The jurisprudential basis of adultery as a criminal offence rests on women as a chattel of the husband with another man appropriating that chattel without the consent of the husband..Thus, the man alone is punishable for the same. Further, if the husband consents to the sexual intercourse, no offence lies..The debate surrounding whether man and woman should be made equally liable for adultery came up during the brief hearing today..But since adultery as a crime is based solely on the wife being a property of the husband, Justice Chandrachud remarked,.“Why should adultery be a crime at all if it violates Article 14”?.Advocate Kaleeswaram Raj then began his submissions on behalf of the petitioner. The hearing will continue tomorrow.
