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HUSBAND IS NOT THE MASTER OF WIFE, SAYS SC WHILE STRIKING DOWN 158-YEAR-OLD ADULTERY LAW

The Supreme Court of India on September 27, 2018 struck down a 158-year-old penal provision in the Indian Penal Code that made adultery a criminal offence. The decision was taken by a five-judge bench comprising Chief Justice Dipak Misra and Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra. The bench unanimously held Section 497 of the Indian Penal Code, which deals with the offence of adultery, as unconstitutional and arbitrary. The top court said that Adultery can be a civil wrong and a ground for divorce but it cannot be a criminal offence. The court said Section 497 is violative of right to equality and right to equal opportunity to women and disallows them from making their own choices.

08th, January 2019