Adultery law arbitrary, dents individuality of women, says CJI Dipak Misra

In a crucial verdict on the 150-year-old adultery law, Chief Justice of India Dipak Misra said that equality is the governing principle of a system. Husband is not the master of the wife.

The CJI while reading out the verdict on the petition challenging the validity of Section 497 (Adultery) of IPC said that the Parameters of fundamental rights should include rights of women. Individual dignity important in a sanctified society. System can't treat women unequally. Women can't be asked to think what a society desires.

The legal subordination of one sex by another is wrong. Social progression of women & views of Justice Nariman in Triple Talaq case considered. Adultery can be grounds for dissolution of marriage, the CJI said.

He also said that mere adultery can't be a crime, unless it attracts the scope of Section 306 (abatement to suicide) of the IPC.

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