The Supreme Court on Friday decided to examine a public interest litigation (PIL) challenging Section 497 (adultery law) of the Indian Penal Code (IPC).
At present, Section 497 holds only men responsible for adultery. The PIL seeks changes in the law based on sexual equality, saying women too be held responsible for adultery.
The apex court issued a notice to the Centre and asked why a married woman, who is equally liable for the offence of adultery with a married man who is not her husband, be not punished along with the man.
The government is expected to reply on the matter within four weeks.
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At present, the section loosely reads that if a man indulges in a physical relationship with the wife of another individual without the individual's consent, the former will be held guilty ofadultery. According to the section in the IPC, a man can be punished with up to five years in jail if he has sexual intercourse with the wife of another person. However, the wife shall not be punishable.
A bench headed by Chief Justice of India Dipak Misra and Justices AM Khanwilkar and DY Chandrachud issued notice in the petition filed by Joseph Shine.
The bench, while issuing notice to the Central government, noted in its order that on a prima facie reading of Section 497, it finds that the provision relieves the woman of any liability. The bench noted, “Though the act is hypothetically capable of being committed by both the man and the woman only one is liable for criminal offence.”
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The Supreme Court had in 2011 said the adultery law is biased against men. The provision reduces a married woman to a property of the husband, it had said. It also said punishment is meted out to only the man, though the woman with whom he had consensual sex was an equal partner in the alleged crime.
