Adultery – Section 497 under Indian Penal Code is unconstitutional, no longer a crime – Blog Written By : Ayesha Siddiqua.

When a married man or woman has sexual relationship outside their marriage, then he or she has committed adultery.
In most countries and religion it is considered a crime. In India Supreme court declares Section 497 as unconstitutional.

Adultery in marriage under section 497 Indian penal code was challenged by an Italy based Indian businessman, Joseph Shine hailing from Kerala.
The judgment headed by Chief Justice Deepak Misra declared adultery unconstitutional, the reasons cited for the dismissal of colonial era law were..
• The law failed to give equal rights to woman when it came to filing cases against their adulterous husbands Who on the other hand could file a case.
• The law let the adulterous woman go free with a mere warning but gave the adulterous men a 5-year jail term which again was unfair.
• The law stated basically that a married woman is the sole property of her husband.

Adultery is a trust broken, thus a sin committed. Sin is a punishable offense under various religious laws, for it forbids and warns a person from performing an act that causes imbalance in the society.
With no fear of punishment, will adultery strengthen as an act that will destroy hearts and homes?
We welcome your comments and inputs on this subject.

Blog Written By : Ayesha Siddiqua.