(Image source from: The Indian Express)

The Supreme Court on Thursday, in its landmark judgement, scrapped the 150-year-old adultery law as unconstitutional.

A five-judge Constitution bench, headed by Chief Justice of India Dipak Misra clearly stated the equality is the need of the hour. He further added that time has come when the husband should not be considered the master.

According to the adultery law, a man can be punished for having a sexual relationship with a married woman without the permission of her husband. The petitioners want Section 497 of the Indian Penal Code to be made gender neutral. In India, adultery is law-breaking and the punishment for the same can be imprisonment for five years, or fine, or both.

"Adultery cannot and should not be a crime. It can be a ground for a civil offense, a ground for divorce," said CJI Dipak Misra.

The CJI spoke for himself and Justice A.M. khanwilkar. Justice R.F.nariman spoke of the fact that other countries have done away with it as a criminal offense.

He said that the adultery law was against right to equality and life. Justice D Y Chandrachud spoke up against patriarchy and gender inequality to strike it down.

CJI Misra restated that subordination of any sex over the other is clearly unconstitutional. The top court as well termed adultery law as manifestly arbitrary. Mere adultery can't be a crime unless something is added, the court observed.  

The verdict was pronounced by a five-judge bench comprising of Chief Justice of India Dipak Misra, Justice RF Nariman, Justice DY Chandrachud, Justice Indu Malhotra and Justice AM Khanwilkar.

Earlier on August 8, the bench had reserved its verdict after Additional Solicitor General Pinky Anand, appearing for the Centre, concluded her arguments.

During its previous hearing, incumbent CJI Dipak Misra observed, "Adultery can be a ground for divorce. It can be part of civil law involving penalties. But why a criminal offense?".

The Victorian law had been defended by center, stating that continuation of the adultery law is vital as it ensures the holiness of marriage and is for the public good.

An Indian entrepreneur Joseph Shine, based in Itlay and hailing from Kerala filed a Public Interest Litigation (PIL) earlier this year challenging IPC Section 497. He contended that the law is discriminatory. The petition argued that the adultery law was biased in the idea of women as a property of men.

By Sowmya Sangam