Adultery and Marriage

 Striking down section 497 of the Indian Penal Code which provides for punishment only to a man for having extra-marital sexual ties with the wife of another man, will destroy the institution of marriage, the Centre told the Supreme Court on Wednesday. In an affidavit to the apex court, the Ministry of Home Affairs sought dismissal of a plea challenging the validity of the penal law on adultery, saying that the Section 497 "supports, safeguards and protects the institution of marriage". The top court had referred the PIL challenging the constitutional validity of the adultery law to the Constitution Bench in January this year. The PIL had been filed by one Joseph Shine, an expatriate Indian living in Italy. The apex court had earlier sought the Centre's stand on the PIL which pointed out that only men can be punished for the offence of adultery for having consensual sex with the wife of another man. On this edition of ‘The Big Picture’ we take a closer look at section 497 of the Indian Penal Code.

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