India’s Supreme Court has struck down a century-old law that made adultery a criminal offence.
In a unanimous ruling on Thursday, the judges declared extramarital sex can no longer be the grounds for arrest, although it will continue to be a ground for civil issues, including dissolution of marriage.
Under the 158-year-old colonial-era law, a man who has sex with a married woman, without the permission of her husband, could face a maximum of five years in prison.
Under the provision, Section 497 of the Indian Penal Code, only husbands could file complaints, and only against another man.
Women were not given the same rights, and also could not be punished.
“When the sexual intercourse takes place with the consent of both the parties, there is no good reason for excluding one party from the liability,” the Public Interest Litigation (PIL) filed by Joseph Shine said.
In its affidavit, the Indian government contended that adultery should remain an offence, saying Section 497 was enacted so as to safeguard the sanctity of marriage.
Source: Pixaby(Creative commons)
“Adultery should remain an offence. Diluting adultery law will impact the sanctity of marriages. Making adultery legal will hurt marriage bonds,” the Centre had said.
The judges stated that it “perpetuates subordinate status of women.”
“It’s time to say that husband is not the master of wife. Legal sovereignty of one sex over other sex is wrong,” Chief Justice Dipak Misra said in the ruling.
This is the second colonial-era law that the Supreme Court has struck down this month after it decriminalized homosexuality in a landmark ruling on September 6th.
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