UNBELIEVABLE!!!....Adultery now legalised in India.
A colonial-era law that punished the offence
with jail time has been ruled unconstitutional
and discriminatory against women.
Adultery is no longer a crime, India’s top court
ruled Thursday, declaring a colonial-era law
that punished the offence with jail time
unconstitutional and discriminatory against
women.
It was the second legal decision this month
reflecting a more liberal outlook in Indian
society with the Supreme Court having on
September 6 scrapped a ban on gay sex
dating back to 1861.
Sparking celebrations, the court argued that
Section 377 on homosexuality had become “a
weapon for harassment” of homosexuals and
“history owes an apology to the members of
this community and their families”.
The more than century-old adultery law
prescribed that any man who slept with a
married woman without her husband’s
permission had committed adultery, a crime
carrying a five-year prison term in the
conservative country.
A petitioner, an Indian businessman, had
challenged the court to strike down the law,
describing it as arbitrary and discriminatory
against women.
“Thinking of adultery from a point of view of
criminality is a retrograde step,” unanimously
declared the five-judge bench of the Supreme
Court.
Women could not file a complaint under the
archaic law nor be held liable for adultery
themselves, making it solely the realm of men.
The court said it deprived women of dignity
and individual choice and “gives license to the
husband to use women as a chattel”
.
“It disregards the sexual autonomy which
every woman possesses and denies agency to
a woman in a matrimonial tie,” said Supreme
Court Justice D. Y. Chandrachud.
“She is subjugated to the will of her spouse.”
with jail time has been ruled unconstitutional
and discriminatory against women.
Adultery is no longer a crime, India’s top court
ruled Thursday, declaring a colonial-era law
that punished the offence with jail time
unconstitutional and discriminatory against
women.
It was the second legal decision this month
reflecting a more liberal outlook in Indian
society with the Supreme Court having on
September 6 scrapped a ban on gay sex
dating back to 1861.
Sparking celebrations, the court argued that
Section 377 on homosexuality had become “a
weapon for harassment” of homosexuals and
“history owes an apology to the members of
this community and their families”.
The more than century-old adultery law
prescribed that any man who slept with a
married woman without her husband’s
permission had committed adultery, a crime
carrying a five-year prison term in the
conservative country.
A petitioner, an Indian businessman, had
challenged the court to strike down the law,
describing it as arbitrary and discriminatory
against women.
“Thinking of adultery from a point of view of
criminality is a retrograde step,” unanimously
declared the five-judge bench of the Supreme
Court.
Women could not file a complaint under the
archaic law nor be held liable for adultery
themselves, making it solely the realm of men.
The court said it deprived women of dignity
and individual choice and “gives license to the
husband to use women as a chattel”
.
“It disregards the sexual autonomy which
every woman possesses and denies agency to
a woman in a matrimonial tie,” said Supreme
Court Justice D. Y. Chandrachud.
“She is subjugated to the will of her spouse.”
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