Adultery:A 150-Year-Old Battle Fought by the Indian Judicial System
Keywords:
Supreme Court, Adultery, Section 497, Marriage, Ultra vires, Constitution of India, Indian penal codeAbstract
The battle fought for the protection of the individuality of women and to make marriage in India gender neutral, the Honorable Supreme Court of India finally on 27th September 2018 concluded the battle by making provision of Section 497 of the Indian Penal Code, 1860, unconstitutional byremoving the master and property relationship, where a husband is considered to be the master and wife as property in the marriage. It is a necessary step taken by the court to promote women empowerment and to provide gender equality in India. At the end of 150 years, the Supreme Court decided to make adultery a civil wrong and remove it as a criminal offence, i.e., it is still a ground for divorce which is available to both the parties.


