Justice Indu Malhotra says Section 497 is clear violation of fundamental rights granted in Constitution. Adultery could be a moral wrong towards spouse and family but question is whether it should be a criminal offence? The answer, is 'no' and she adds that there is no justification for continuation of Section 497 of the IPC.


A little more from Justice DY Chandrachud  (remember, he was the only dissenting voice in the verdict on the Constitutional validity of Aadhaar, yesterday). He says Section 497 perpetuates subordinate status of women, denies dignity, sexual autonomy, is based on gender stereotypes.

Justice Chandrachud says Section 497 is based on women as chattel and seeks to control the sexuality of woman, hits the autonomy and dignity of woman,. He says legislature has imposed a condition on sexuality of women by making adultery as offence. Section 497 is a denial of substance of equality. He holds adultery as a relic of past. Autonomy is intrinsic in dignified human existence and Section 497and denudes women from making choices, he says.


Another big takeaway from the judgment is that adultery can be ground for divorce and a person will have civil remedies for it, the court said.