A very recent judgement by the Bombay High Court has launched a discussion on whether or not India’s Adultery Law is inequitable to both men and women. It seems that large portion of civil society as well as the legal class thinks so.
Mumbai businessman Deepak Mirwainis’s petition has been struck down by the Bombay High Court which was stating the law against adultery or section 497 of the Indian Penal Code.
Deepak was having an affair with a married woman which made him offender according to the section 497 of IPC. According to this section, the woman, who may well be an equal participant in the act of the adultery, is kept outside the purview of the law, which goes on to declare . In such type of cases the wife shall not be punishable as an abettor. So many legal experts believe that adultery is an unjust law subject to IPC.
Justice B.H. Marlapalle and Justice U.D. Salvi of Bombay High Court ruled that making the law unconstitutional would give free play to extra-marital affairs and affect the stability of marriage. However, they did profess that – it was time Section 497 was revisited.
Report by Vibhanshu Vaibhav