Global News

Can women be punished for adultery? Supreme Court verdict today

Can women be punished for adultery? Supreme Court verdict today

Those who brought the case had sought to have section 497 of the Indian penal code made gender neutral.

In a landmark judgement on Thursday, the Supreme Court said that the adultery was no longer a crime.

The top court had then questioned how the law preserved the sanctity of marriage when the extramarital affair didn't invite punishment if the woman's husband stood by her. "That is the reason we call it archaic", the Supreme Court said. "They can not defend themselves and the stigma the prosecution casts on them will last forever and that in itself is a punishment as far as the women are concerned".

The arguments given in favour of criminalising adultery revolve around the "sanctity" of marriage. Adultery will, however, be considered valid grounds for divorce. Joseph Shine's petition challenged Section 497 IPC and Section 198 of CrPC, on the grounds that it is discriminatory against men.

Adultery is a crime in many parts of the world, particularly in countries with Islamic law, such as Iran and Saudi Arabia, but it is also technically illegal in 20 USA states, though rarely enforced. However Section 2 (viii) of the Muslim Marriages Act says that if a man associates himself with a woman of evil repute or leads an infamous life, it amounts to cruelty to the wife.

A man accused of adultery could be sent to a prison for a maximum of five years, made to pay a fine, or both, reported BBC India. "They are not in any way situated differently than men", his petition said.

Noting that the law is singular in the penal code for treating men and women differently, Chief Justice Dipak Misra said "The adultery law is arbitrary and it offends the dignity of a woman". Legislature has imposed a condition on sexuality of women by making adultery as offence, he said, adding that section 497 is denial of substance of equality.

Three Infants, Two Adults Stabbed at Queens Day Care
Police say the incident began with the stabbing of the female co-worker before the father intervened and was injured. The three girls stabbed are a three-day-old, a 20-day-old and a one-month old, NBC reported .


The law - known as Section 377 - held that intercourse between members of the same sex was against the order of nature.

"For a man to be convicted for adultery is very rare because the crime has to be proved conclusively beyond doubt in the court".

"A law that does not give women the right to sue her adulterer husband and can't be herself sued if she commits adultery is unequal treatment and militates against her status as an individual separate entity".

"The institution of marriage must be protected".

Earlier only a Christian man could file for divorce on the grounds of adultery.

Aug 8: SC reserves verdict on pleas challenging the constitutional validity of the penal law on adultery in the hearing that went on for six days.

"Besides, the emphasis on the element of connivance or consent of the husband tantamounts to subordination of women". Further, the law does not take into account cases where the husband has sexual relations with an unmarried woman.


loading...
  • Brett Kavanaugh: Donald Trump doubts sex assault allegations against Supreme Court nominee

    Brett Kavanaugh: Donald Trump doubts sex assault allegations against Supreme Court nominee

    No. 2 Senate Republican leader John Cornyn of Texas was one of the few Republicans who openly questioned Ford's version of events. That this fearless woman is receiving death threats and has been forced to flee with her family is appalling and heartbreaking.
    The Captain Marvel Trailer is Here

    The Captain Marvel Trailer is Here

    Listen to Newsbeat live at 12:45 and 17:45 every weekday on BBC Radio 1 and 1Xtra - if you miss us you can listen back here. She's confused as to where she is, as she undoubtedly came from space. "And I know a renegade soldier when I see one".
    Tom Arnold Claims

    Tom Arnold Claims "Apesh*t" Mark Burnett Attacked Him Over Trump Tapes

    Tom Arnold scuffling with Mark Burnett , apparently! Variety's source says both men were eventually allowed to enter the party. We asked Arnold if he expect's Fogel to speak out on the incident. "About my show, and uh, Trump ".
  • Iran Threatens U.S. Over Deadly Separatist Attack On Parade

    Iran Threatens U.S. Over Deadly Separatist Attack On Parade

    Giuliani has made similar comments before on Iran and the State Department has said he does not speak for the administration. Isil's official news agency, Amaq, released a video purporting to show three of the four gunmen shortly before the attack.
    Dramatic changes ahead for Tour Championship in 2019

    Dramatic changes ahead for Tour Championship in 2019

    Or a hockey game where the team that finished higher in the regular season received a 2-0 lead in the first round of the playoffs. The next group of five players are at 4 under, all the way down until the final five players in the 30-man field are at even par.
    Redskins, Cowboys, 49ers had interest in Josh Gordon

    Redskins, Cowboys, 49ers had interest in Josh Gordon

    The Browns have traded problematic wide receiver Josh Gordon to the New England Patriots for a fifth-round draft pick. As for Gordon's hamstring - ESPN's Adam Schefter says he's healthy enough to play THIS SUNDAY if needed.
  • Dallas police chief terminates officer who fatally shot man in his apartment

    Dallas police chief terminates officer who fatally shot man in his apartment

    On Sept. 14, protesters rallied from the Dallas Police Department, near the apartments where Guyger shot Jean , to downtown. Amber Guyger was charged with manslaughter in connection with the September 6 shooting death of 26-year-old Botham Jean .
    Serena Williams receives cookbook from Meghan Markle

    Serena Williams receives cookbook from Meghan Markle

    There was a large range on the menu, including coconut chicken curry, aubergine masala and a range of chapatis and sharing dips. Meghan was inspired by the project and how it empowers women at a grassroots level.
    Dan Rather speaks on United States  midterm elections

    Dan Rather speaks on United States midterm elections

    The United States economy created 3.5 million jobs since Trump took office, according to the White House. It is time for you to put country above political party in November.
  • Kavanaugh's Accuser Has Not Responded to Senate Requests to Testify

    Kavanaugh's Accuser Has Not Responded to Senate Requests to Testify

    If there is credible evidence that Kavanaugh committed a crime, the American people deserve to know and Ford deserves justice. Patrick Leahy of Vermont, a long-time member of the Judiciary Committee and a former chairman told NPR's Morning Edition .
    Coca-Cola to get into the cannabis business? ‘The space is evolving quickly’

    Coca-Cola to get into the cannabis business? ‘The space is evolving quickly’

    Coca-Cola shares were marginally higher in a USA market struggling against expectations of another round of Chinese trade tariffs. That's according to a report today from Bloomberg's BNN, which cited multiple sources familiar with the matter.
    Canelo Alvarez wins middleweight title with a close decision

    Canelo Alvarez wins middleweight title with a close decision

    I think that five or ten years ago, Golovkin would have finished the knockout. "I'm satisfied with the way we did it today". If Golovkin was handed the final round by just one judge, it would have ended up in a second draw between the duo.