Adultery law weighted in favour of men: SC

Adultery law weighted in favour of men: SC

Context

Adultery law

SC’s view

• The time has come when the society must realise that a woman is equal to a man in every respect
• The provision [Section 497] really creates a dent in the individual independent identity of a woman when the emphasis is laid on the connivance or consent of the husband,” the court said. “This is tantamount to subordination of a woman where the Constitution confers equal status [on women]

Provisions that court shall examine

The court will examine two aspects of the penal provision

• One, why does Section 497 treat the man as the adulterer and the married woman as a victim?
• Two, the offence of adultery ceases the moment it is established that the husband connived or consented to the adulterous act. So, is a married woman the “property” of her husband, a passive object without a mind of her own?