Husband is not master of wife: Supreme Court strikes down adultery law as ‘unconstitutional’

2,245 views · Published 27 September 2018 · 0:44 · Indexed 6 November 2026

Channel: ThePrint · 2018 · News & Politics

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The Supreme Court Thursday struck down Section 497 of the Indian Penal Code, a 150-year-old law, that criminalises adultery, calling it “unconstitutional” and “absolutely manifestly arbitrary”.

The five-judge Constitution bench led by Chief Justice of India Dipak Misra held that adultery can be a ground for divorce but cannot be a crime and cited examples from other countries such as China and Japan where adultery is not a crime.

“Any system or law which affects individual dignity of women in a civilised society invites the wrath of the Constitution,” said CJI Misra.

“Legal sovereignty of one sex over another is wrong,” he said. “Equality is the governing principle of a system. Husband is not the master of the wife.”

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