The Supreme Court on Thursday delivered its judgement on constitutional validity of penal provision of adultery saying that unequal treatment of women invites the wrath of the Constitution.
The apex court’s five-judge bench headed by Chief Justice Dipak Misra said the beauty of the Constitution is that it includes “the I, me and you”.
The apex court is dealing with section 497 of the 158-year-old Indian Penal Code 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.”
“We declare Sec 497 IPC and Sec 198 of CrPC dealing with prosecution of offences against marriage as unconstitutional,” said the CJI and Justice Khanwilkar.
Justice Nariman termed Section 497 as archaic law and concurred with the CJI, Justice Khanwilkar saying that Section 497 is violative of right to equality and right to equal opportunity to women.