According to the Indian Penal Code's Section 497 and the Code of Criminal Procedure's Section 198(2), only a woman's paramour can be punished, that too if her husband complains.
In a landmark move, the Supreme Court on Friday declared the Sections "archaic" and "gender discriminatory."
Why shouldn't women be held guilty of adultery?
Adultery is currently a criminal offense only for men in India and not women. But this might change soon.
According to the Indian Penal Code's Section 497 and the Code of Criminal Procedure's Section 198(2), only a woman's paramour can be punished, that too if her husband complains.
In a landmark move, the Supreme Court on Friday declared the Sections "archaic" and "gender discriminatory."
SC issues notice to government, wants response in four weeks
Calling the current adultery law biased, the SC issued a notice to the government on the public interest litigation (PIL) filed by a Joseph Shine from Kerala, who works in Italy's Trento, and wants the two Sections be removed and declared unconstitutional.
A three-judge bench led by Chief Justice of India Dipak Misra has sought the Centre's response in four weeks.
Women are equal to men in every field: Supreme Court
No matter the woman's role in an extramarital relationship, the current law treats her as a victim, absolving her of any responsibility.
It gives complete authority to the husband and blames the paramour alone, treating women as subordinates, when the Constitution gives them rights equal to men.
"The time has come when a woman is equal to man in every field," noted the SC.
SC has dismissed similar petitions thrice previously
Notably, the top court has dismissed similar petitions thrice previously, in 1954, 1985 and 1988.
Also, Justice DY Chandrachud was part of the bench that issued the notice on Friday, wanting to make India's adultery law gender-neutral. Interestingly, his father Justice YV Chandrachud was behind the 1985 SC ruling that struck down a similar PIL.