Why is Sec 497 IPC unconstitutional?

Why is Sec 497 IPC unconstitutional?

He mentioned the term “good wife” in one of the sections of his judgement, conveying that a woman’s sexual desires cannot be contained after marriage and Section 497 deprived women of their sexuality which is why it needs to be declared unconstitutional.

Is Section 497 still valid?

The recent judgment by the Supreme Court overturned there earlier rulings that upheld that the said law was constitutional. As per the Supreme Court’s recent decision, Section 497 of IPC goes against the constitution of India and hence need to be scrapped altogether.

What does section 497 say?

—Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of …

Is adultery illegal?

Is adultery illegal in California? Many people whose spouses have cheated ask us that question – and the short answer is no. Adultery isn’t illegal in California, but it can affect some aspects of your divorce.

What is Supreme Court Judgement on adultery?

2018 Constitution Bench judgment, which struck adultery out of the penal statute book, is upheld. The Supreme Court has refused to review its 2018 judgment which decriminalised adultery. Bobde upheld a September 2018 Constitution Bench which had struck adultery out of the penal statute book.

What is extra marital affairs in India?

Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of …

Is adultery increasing in India?

A similar trend of rising ‘infidelity’ among women can be seen in the West. While studies have traditionally found men to be the more adulterous in a heterosexual married relationship, new studies suggest that women are increasingly accepting of having indulged in extramarital relations. 56 percent of them were women.