Why should Adultery be a Crime at all if it violates Article 14,
D Y Chandrachud J.
It is very true said that when Consitution give the right of equality, why section 497 of IPC is punishable and applicable to man only. Not only this, if a husband of women gives his consent to have sex with another person, then this is not a crime.
Section 497 of IPC criminalizes the offense of adultery, but only the man is liable to be punished for the offense. Further, if the husband of the woman gives his consent for sexual intercourse with another man, no offense lies.
In this century and when there is a democracy and constitution give rights of equality, it should be amended and made applicable to both husband and wife and man and women.
Women as a not a chattel of the husband, especially in today’s scenario