Supreme Court: A five-Judge Constitution Bench consisting of CJ Dipak Misra, R.F Nariman, A.M Khanwilkar, Dr D.Y Chandrachud and Indu Malhotra, JJ., pronounced the verdict for reconsideration of the judgments on the constitutional validity of Section 497 IPC that brings adultery into the box of criminalisation.
Legal subordination of one sex by another is wrong. Social progression of women and views of Justice Nariman in Triple Talaq case considered. Adultery can be grounds for dissolution of marriage: CJ Dipak Misra
CJ and Khanwilkar J., said that mere adultery cannot be a crime, but if any aggrieved spouse commits suicide because of life partner’s adulterous relation, then if evidence produced, it could be treated as an abetment to suicide
Section 497 of the Penal Code is unconstitutional: CJ Dipak Misra
R F Nariman J.: Concurred with the opinion of CJ Dipak Misra. Section 497 of IPC has lost its rationale. It is manifestly arbitrary.
Dr D.Y. Chandrachud, J. : Section 497 is based on a notion that a woman loses her agency upon marriage. Human sexuality is essential aspect of identity of an individual.
Dr D.Y. Chandrachud, J. Section 497 is based on gender stereotypes. Violative of Article 15. Also violative of Articles 14 and 21. Declared as unconstitutional.
Indu Malhotra J., : Section 497 IPC makes two classification. Who can prosecute and who can be prosecuted. Law that perpetuate stereotypes and institutionalises discrimination is unconstitutional. Section 497 IPC is violative of Articles 14, 15 and 21 of the Constitution and therefore struck down.
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