SC to study validity of adultery laws that punish only men

The Supreme Court on Friday decided to examine the validity of a pre-Independence provision in the Indian Penal Code that makes adultery a punishable offence only for men. Women cannot be punished under Section 497, not even as abettors.

If the top court decides to make adultery laws gender-neutral, it could affect provisions on bigamy, dowry and rape in the IPC and the Protection of Women from Domestic Violence Act, which are loaded in favour of women.

The court has been unable to give time to other pending matters involving gender equality such as the Sabarimala temple entry issue.


It did not show any inclination on Thursday on examining the implications of a Gujarat High Court order on inter-faith marriages registered under the Special Marriage Act. The high court ruled that a Parsi woman who married a Hindu man would be deemed converted to Hinduism, losing her traditional religious rights, a worrying precedent for inter-faith marriages.

However, the Supreme Court was quick to act on a petition challenging Section 497 as not constitutionally valid on the ground that it was not gender-neutral. A threejudge bench led by Chief Justice of India Dipak Misra decided to issue notices to the Union home ministry on the petition.

The ministry has four weeks to respond to the petition, filed by a non-resident Indian living in Italy through lawyer MS Suvidutt.

According to Section 497, those guilty of adultery face imprisonment for up to five years or a fine or both. The woman is not punishable as an abettor.

The top court said the issue merited attention because the provision was “patronising towards women” as it “presumes that they are victims” and “commodified” women as no offence of adultery would be made out if the husband consented or connived in the act.