The Supreme Court today struck down penal provision making adultery a criminal Offence. The court’s five-judge bench headed by Chief Justice Dipak Misra declared the section 497 of the IPC as unconstitutional and arbitrary.
Justice Indu Malhotra said Section 497 is clear violation of fundamental rights granted in Constitution.Justice Chandrachud said Section 497 offends sexual freedom of women.He said Autonomy is intrinsic in dignified human existence and Section 497 denudes women from making choices.He added that Section 497 destroys and deprives women of dignity.
The court said Section 497 is violative of right to equality and right to equal opportunity to women.The 5 judge bench unanimously held Section 497 unconstitutional saying adultery is manifestly arbitrary .