The Hon’ble Apex Court on 27/9/18 has held that adultery is not a crime even though, “without a shadow of doubt”, it can be grounds for divorce. The Supreme Court said today, scrapping a 158 years law that punishing a man for an affair but not the woman treating her as “property”. A man having successfully intercourse with a married woman is not a crime, ” said Chief Justice Deepak Mishra, Calling Victorian adultery law arbitrary.
It was further held that making adultery a crime is retrograde and would mean “punishing unhappy people”. The Most countries have abolished law against adultery, the Court said.
Any law which affects individual dignity, equality of woman in a civilized society invites the wrath of the Constitution.
It was further observed that wife cannot be treated as a chattel. It was also observed by Justice Indu Malhotra ” adultery could be a moral wrong towards spouse and family but the question is whether it should be a criminal offence?” leading to a unanimous decision of the Supreme Court scrapping the adultery law.