ABOLISHMENT OF SECTION 497: LEAVING SUBSERVIENCE BEHIND
Abolishment of Section 497 IPC: Leaving Subservience Behind
1. What Was Section 497 IPC?
Section 497 dealt with adultery and criminalized the act of a man having sexual intercourse with the wife of another man without his consent.
The key features:
Only the man who committed adultery could be punished.
The woman involved could not be punished.
The husband was treated as the “injured party” and could initiate prosecution.
The section effectively treated the wife as the husband’s property.
The wife’s consent or participation was not criminalized; she was seen more as a victim or an object.
2. Criticism of Section 497
Section 497 was criticized for being archaic, gender-biased, and discriminatory.
It treated women as subservient to their husbands, denying them agency and equal status.
The law was also inconsistent with the principles of equality and dignity enshrined in the Constitution.
3. Landmark Judgment: Joseph Shine v. Union of India (2018)
Facts
Joseph Shine challenged the constitutionality of Section 497 IPC on the grounds of gender discrimination and violation of fundamental rights.
The petition argued that adultery should not be a criminal offence and that the law was discriminatory against men and women.
Issues
Whether Section 497 violated the right to equality under Article 14 of the Constitution.
Whether it violated the right to personal liberty and dignity under Article 21.
Whether the law was gender-discriminatory, protecting only the husband and ignoring the wife’s equal agency.
Judgment
The Supreme Court struck down Section 497 as unconstitutional.
The Court held that:
The section was manifestly arbitrary and discriminatory, as it punished only the man, treating the woman as a passive victim or property.
It violated Article 14 (Equality before the law) by creating an irrational classification.
It violated Article 21 (Right to life and liberty) by infringing on the dignity and autonomy of women.
The criminalization of adultery treated women as subordinate and subservient to their husbands, denying them agency.
The Court declared adultery a civil matter, relevant to matrimonial disputes but not a criminal offense.
4. Significance of the Judgment
The judgment ended the notion of women’s subservience implicit in Section 497.
It recognized women’s equal agency in matters of marital relations.
It brought adultery laws in line with constitutional values of gender equality, liberty, and dignity.
Marked a progressive step toward gender justice and autonomy.
5. Case Law References
Joseph Shine v. Union of India (2018) is the seminal case that abolished Section 497 IPC.
Earlier, in Sowmithri Vishnu v. Union of India (1985), the Supreme Court had upheld the constitutionality of Section 497 but was later overruled.
The Joseph Shine judgment overruled the outdated precedent and reaffirmed modern constitutional principles.
6. Conclusion
The abolishment of Section 497 represents a significant move away from patriarchal and subservient views of marriage toward recognizing:
The autonomy and equality of women.
The personal liberty and dignity of all individuals in marital relationships.
The importance of civil remedies for marital disputes rather than criminalization.
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