In Brief
The Supreme Court held that Section 497 of the Indian Penal Code, which criminalizes adultery, and Section 198(2) of the Code of Criminal Procedure are unconstitutional. The Court found that these provisions treat women as property of their husbands, deny them sexual agency and autonomy, and perpetuate patriarchal notions of marriage. The provisions are manifestly arbitrary and violate Articles 14, 15, and 21. The Court rejected arguments about protecting marriage sanctity and ruled that adultery should be treated as a civil wrong (ground for divorce) rather than a criminal offence, as criminalizing it violates the right to privacy and dignity. The exemption of women from prosecution does not constitute valid protective discrimination. Previous Court decisions upholding these provisions were overruled.
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