CJI Dipak Misra reading out the verdict on the petition challenging the validity of Section 497 (Adultery) of IPC

-- In case of adultery, criminal law expects people to be loyal which is a command which gets into the realm of privacy.

-- Adultery might not be the cause of an unhappy marriage, it could be the result of an unhappy marriage.

-- Equality is the governing principle of a system. Husband is not the master of the wife.

-- 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.


Justice Rohinton Nariman concurs with CJI Misra and Justice Khanvilkar's verdict striking down the constitutional validity of the adultery law.  It's a majority verdict.