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The Supreme Court on Thursday declared as unconstitutional the penal provision on adultery, saying it was manifestly arbitrary and dents the individuality of women.
A five-judge Constitution bench was unanimous in holding Section 497 of the Indian Penal Code, dealing with the offence of adultery, as unconstitutional and struck down the penal provision.
Section 497 of the 158-year-old IPC 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." The offence of adultery entailed a maximum punishment of five years, or with fine, or both.
The bench comprising Chief Justice Dipak Misra and Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra held that Section 497 is unconstitutional.
The following is the chronology of events leading to the Supreme Court Thursday declaring as unconstitutional the penal provision on adultery, saying it was manifestly arbitrary and dents the individuality of women.
*Oct 10, 2017: Plea filed in SC challenging the constitutional validity of Section 497 of IPC, by an NRI from Kerala, Joseph Shine, who in his petition said Section 497 was "prima facie unconstitutional on the ground that it discriminates against men and violates Article 14, 15 and 21 of the Constitution".
*Dec 8: SC agrees to examine the constitutional validity of penal provision on adultery.
*Jan 5, 2018: SC refers to a five-judge Constitution bench the plea challenging the validity of the penal law on adultery.
*Jul 11: Centre tells SC that striking down Section 497 will destroy the institution of marriage.
*Aug 1: Constitution bench commences hearing.
*Aug 2: SC says matrimonial sanctity is an issue but the penal provision on adultery is apparently violative of the right to equality under the Constitution.
*Aug 8: Centre favours the retention of penal law on adultery, says it is a public wrong which causes mental and physical injury to the spouse, children and the family.
*Aug 8: SC reserves verdict on pleas challenging the constitutional validity of the penal law on adultery in the hearing that went on for six days.
*Sep 27: SC holds Section 497 of the Indian Penal Code as unconstitutional and strikes down the penal provision.
*Dec 8: SC agrees to examine the constitutional validity of penal provision on adultery.
*Jan 5, 2018: SC refers to a five-judge Constitution bench the plea challenging the validity of the penal law on adultery.
*Jul 11: Centre tells SC that striking down Section 497 will destroy the institution of marriage.
*Aug 1: Constitution bench commences hearing.
*Aug 2: SC says matrimonial sanctity is an issue but the penal provision on adultery is apparently violative of the right to equality under the Constitution.
*Aug 8: Centre favours the retention of penal law on adultery, says it is a public wrong which causes mental and physical injury to the spouse, children and the family.
*Aug 8: SC reserves verdict on pleas challenging the constitutional validity of the penal law on adultery in the hearing that went on for six days.
*Sep 27: SC holds Section 497 of the Indian Penal Code as unconstitutional and strikes down the penal provision.
