Social Justice

KEY POINTS

Adultery law

·         Under Section 497 of the IPC, a man had the right to initiate criminal proceedings against his wife’s lover.

·         Under Section 198(2) of the CrPC, the husband alone could complain against adultery.

·         The Supreme Court has now struck down both these provisions and has decriminalised adultery.

Rationale behind the judgment

·         Anomalies in law – An adulterous relationship did not constitute an offence if a married woman had her husband’s consent.

·         A wife could not prosecute her husband or his lover for violating the "sanctity of the matrimonial home".

·         Rights – The ability to make choices is a fundamental facet of human liberty and dignity.

·         Autonomy in matters of sexuality is intrinsic to a dignified human existence.

·         But, section 497 restricts women of the ability to make these fundamental choices.

·         It is also violative of Article 14 (equality) and Article 15 as it discriminated on grounds of sex and punishes just men.

·         Attitude – The “ancient notions” of the man being the seducer and woman being the victim is no longer the case today.

·         The court observed that the husband is neither master of his wife, nor does he have legal sovereignty over her.

Implications

·         The Court did not equalise the right to file a criminal complaint, by allowing a woman to act against her husband’s lover.

·         It instead preferred putting an end to the Victorian-era morality itself.

·         The SC judgment in this regard strikes a blow for individual rights.

·         It is thus a significant step towards rights-based social relations, instead of a state-imposed moral order.

·         Taking forward the judicial precedents, the law makers should now play a proactive role in amending such regressive laws.

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