In another landmark judgement, the Supreme Court on Thursday decriminalised adultery after striking down a British era law, Section 497 of the Indian Penal Code, terming it as unconstitutional, archaic and manifestly arbitrary, with one judge saying women can't be treated as "chattel".
"Mere adultery can't be a criminal offence. Adultery may not be the cause of an unhappy marriage, but other way around. It will tantamount to punishing people who live in an unhappy marriage.
"It is a matter of privacy. Husband is not the master of wife. Women should be treated with equality along with men," Chief Justice Dipak Misra said.
Earlier in September, the apex court had decriminalised same sex offence under Section 377 of the IPC, which was another British era law.
Most countries have abolished adultery as a crime. "It shouldn't be a criminal offence, other people are also involved in it," Misra said, reading out the judgement, on behalf of himself and Justice A.M. Khanwilkar.
Any discrimination shall invite the wrath of the Constitution, the Chief Justice said, adding that a woman cannot be asked to think about the way society desires her to do.
Justice Rohinton F. Nariman, reading out his judgement, said: "Women can't be treated as chattel."
Justice D.Y. Chandrachud in a concurring but separate judgment said society has two sets of morality in sexual behaviour -- one for women and another for men.
Society treating women as embodiment of virtue leads to crime like honour killing, he said, adding that the archaic law was against dignity, liberty and sexual autonomy guaranteed under the Constitution.
Justice Chandrachud said a woman had sexual autonomy within marriage and marriage does not mean ceding autonomy of one to the other.
"Ability to make sexual choices is essential to human liberty. Even within private zones, an individual should be allowed her choice," said Justice Chandrachud. "Women can't be treated unequal participant in the marriage."
Inability to make choices within the marriage by the woman was violative of right to equality and right to life, he added.
Partners in a marriage should have respect for each other's sexual autonomy, he said.
"Society imposes impossible virtues on a woman. Raises her to a pedestal, confines her to spaces," Justice Chandrachud said, adding that women were expected to be pure, but men have no qualms in raping her, assaulting her, committing female foeticide or discriminating against her within their homes.
Describing the adultery law as a gender stereotype, Justice Indu Malhotra, the only woman judge in the Constitution Bench, said there was no justification for the law to continue on the statue book.
The discriminatory adultery law (Section 497 IPC) had punished only a married man for having extramarital sexual relationship with a married woman -- a law defended by the Centre as being essential for preserving the institution of marriage.
Section 497 of the IPC had stated: "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."
Braving the scorching heat, Tripura East records over 80 pc turnout
Despite the scorching heat, over 80 per cent of the 14 lakh voters cast their votes in the Tripura East Lok Sabha constituency where polling was held under a heavy security cover on Friday.
NCPCR initiates action against Mehbooba Mufti for 'using school children for election campaign'
In a significant development, the National Commission for Protection of Child Rights (NCPCR) on Friday took cognisance of a report on 'X' accusing PDP President and Anantnag-Rajouri Lok Sabha seat candidate Mehbooba Mufti of using school children for campaigning in the election.
PM Modi takes opposition to cleaners on EVMs, once again
Calling it a "historic day", Prime Minister Narendra Modi on Friday lauded the Supreme Court's decision to dismiss a batch of petitions seeking mandatory cross-verification of the votes cast in Electronic Voting Machines (EVMs) with Voter-Verifiable Paper Audit Trail (VVPAT) slips.
LS Poll: Over 1000 villagers did not cast vote; shows protest against bad road condition, improper drinking water facility
Over 1000 villagers of Maldapara of Gandacherra subdivision in Dhalai Tripura district on Friday boycotted the second phase of polling to East Tripura constituency and refrained from casting their vote as part of their agitation against bad condition of road in their village.
PM Modi roasts Cong, says former PM's video on 'priority for Muslims' demolishes its canards
Prime Minister Narendra Modi on Friday stepped up his offensive on the Congress and said that his plainspeak on the party’s double standards has ruffled many feathers in the INDIA bloc, so much so, that they have launched a tirade at him for speaking the truth.
CBI recovers huge cache of arms, explosives from house of Shahjahan’s relative at Sandeshkhali
The CBI on Friday afternoon conducted a raid at the residence of a relative of suspended Trinamool Congress leader Sheikh Shahjahan at Sandeshkhali in North 24 Parganas District and seized a huge cache of firearms and explosives.
Tripura records 54.47% turnout recorded till 1 PM in 2nd phase polling to East
The second phase of polling for the East Tripura Parliamentary constituency is underway amid tight security coverage, while 54.47% voter turnout was recorded till 1 pm on Friday. Voting commenced at 7 am and will continue until 6 pm. Tripura recorded the highest turnout at 36.42 per cent till 11 am.
DMs, SPs of violence-hit MP districts transferred
The farmers agitation entered its eighth day on Thursday. The peasants have been on strike since June 1, demanding loan waiver and fair price for their produce.