Wednesday, September 19, 2018
Kashmir Times Logo
Adultery should be punishable to protect sanctity of marriages, Centre to SC
ActIT Jammu, Projects, Java,, C# Training Jammu
NEW DELHI, July 11 (Agencies): The Centre on Wednesday told Supreme Court that adultery should remain a punishable offence in order to protect the virtue of marriage. The Centre filed an affidavit opposing the petition filed by Joseph Shine that had sought to make men and women equally liable under the offence of adultery.

Adultery under Section 497 of the Indian Penal Code (IPC) was enacted to safeguard the sanctity of marriage and diluting it would be detrimental to matrimonial bond.

The 157-year-old British-era law on adultery says if a man is having sexual relations with the wife of another man, the former is liable to a jail term of five years accompanied by a fine.

In January 2018, the Supreme Court had referred to a five-judge Constitution bench a plea challenging the constitutional validity of the IPC's Section 497 which only punishes married man for having extra-martial sexual relations with another married woman.

A bench comprising Chief Justice Dipak Misra and justices A M Khanwilkar and D Y Chandrachud took a prima facie view that though the criminal law proceeds on "gender neutrality", the concept was absent in section 497 of the Indian Penal Code (IPC) which deals with the offence of adultery and referred the matter to the larger bench.

Section 497 on adultery says "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 be punishable as an abettor".

The court order referring the challenge to the validity of Section 497 to the constitution bench came on a plea by petitioner Joseph Shine. The PIL petitioner has also challenged Section 198 of the Code of Criminal Procedure that allows the aggrieved husband of the married woman in adulterous relationship to file a complaint and not the aggrieved wife of the man in adulterous relationship.

Shine has questioned the validity of these sections on the grounds of their being violative of the Constitution's Articles 14 (Equality before law), 15 (Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth) and 21 (Protection of life and personal liberty).

The apex court also referred to its 1954 judgement, delivered by a four-judge bench, that had upheld the validity of Section 497 saying that it did not violate fundamental rights like right to equality .

It referred to societal transformation and concepts of "gender equity" and "gender sensitivity" and said that affirmative rights have to be conferred upon women and earlier judgements needed to be examined by a larger Constitution bench.

The bench then referred the PIL filed by Joseph Shine, an Indian who is living in Italy, to a Constitution bench which would be set up by the CJI in his administrative capacity.

News Updated at : Thursday, July 12, 2018
Comment on this Story 

Top Stories of the Day  
Guv should ensure end to civilian killings: Omar
SRINAGAR, Jul 11: National Conference vice president Omar Abdullah today said that Governor N N Vohra should ensure an end to civilian killings. He was addressing NC’s legislature party meeting here. “The continued loss of precious lives is unacceptable and a matter of grave concern and all possible steps should be taken to prevent any further loss of lives,” Omar said. He alleged that the youth of the state are being pushed further away due to the failure to prevent civilian killings and t
> Low speed internet in S Kashmir partially restored
> Governor’s prerogative to dissolve assembly: Madni
> Trehgam youth killed in firing on protestors
> Army commando killed, another injured in Kupwara
> Civilian casualties during encounters up
Other Stories from Web  
Find us on
Weather Report
Shridev Sharma
Mata Vaishnodevi | Matavaishnodevi | Mata Vaishno Devi
Electric Blanket | Electric Bed Warmers | Electric Under Blankets | Electric Heating Blanket
Web Design Jammu, Web Design Company, Ideogram Jammu
Home | Contact Us | Kashmir Times | Kashmir Times E-Paper - Jammu | Kashmir Times E-Paper - Srinagar | Dainik Kashmir Times | Jammu Prabhat
Copyright 2013 Kashmir Times Group. All rights reserved. Powered by Ideogram Technology Solutions Pvt. Ltd.