Supreme Court Say Wife Is Not Husband Assets She Can Do Whatever She Want On Adultery Law

Supreme Court Say Wife Is Not Husband Assets She Can Do Whatever She Want On Adultery Law

Supreme Court Say Wife Is Not Husband Assets She Can Do Whatever She Want On Adultery Law: The Supreme Court on Thursday ended the 158-year-old Section 497 of IPC related to adultery law. Said - The wife is not the husband's assets. The woman is free to make her own decisions. However, the court said that fornication should be observed as a social evil.

Supreme Court Say Wife Is Not Husband Assets She Can Do Whatever She Want On Adultery Law

  • Section 497, which commits adultery, is considered unconstitutional by the Supreme Court
  • The Supreme Court said that the society wants what women can't be asked to think about

Supreme Court's Remarks, Terminating Section 497 As Unconstitutional:

"Section 497 of adultery violates the right to equality, personal dignity is important in a sacred society, which is arbitrary and irrational."

"Right to do your own decisions is related to dignified human existence. Section 497 is a sign of the past. It prevents women from doing their own decisions. "

"If there is no crime with fornication, it should not be considered a crime, however, adultery will still be the basis of divorce."

"A wife commits suicide due to the adultery of her spouse and if there is evidence, then it will fall under the category of crime."

"The beauty of the constitution is in it - I, Me And We are involved."

"The provision that treats inequality with the woman is unconstitutional. She invites the constitution to be angry."

"Adultery Law can't be a cause of stressful marital relations, but adultery can be the result of tense marital relations."

"Section 497 prohibits the woman from having sex with the consent of the woman, so it is unconstitutional, and the woman can not be deprived of having sexual relations after marriage. In countries like China, Japan, and Australia, there is no crime in the country."

What Was The First Law: 

Section 497 of the 158-year-old Indian Penal Code says- If a woman is married without a consent of her husband, it will be considered as adultery. It was prosecuted under Section 198 of CRPC and there was a maximum punishment of five years. The lawsuit was filed on husband's complaint. Section was interpreted as such that the woman is the property of her husband.

Why It Was Opposed: 

The petition argued that under Section 497 of IPC and Section 198 of the CRPC, only men are punished for incest. It is discrimination with men and violates Article 14, 15 and 21 of the Constitution. When physical relationships are made by mutual consent, keeping one side free of responsibility is not right from the viewpoint of justice.

What Will Happen Now: 

Now the court has terminated section 497 of IPC and Section 198 of CRPC. Therefore, both women and men will not be punished in cases of adultery. However, the court has said that it can be considered as the basis of divorce on the basis of the complaint of the related woman's husband or family.
 
Supreme Court Say Wife Is Not Husband Assets She Can Do Whatever She Want On Adultery Law Supreme Court Say Wife Is Not Husband Assets She Can Do Whatever She Want On Adultery Law Reviewed by Hunt duniya on September 27, 2018 Rating: 5

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