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Justice Chandrachud does it again: Overrules father’s verdict for the second time


New Delhi, Sep 27: Justice D Y Chandrachud has done it again. He has once again overruled a judgment authored by his father Y V Chandrachud.

While declaring adultery as unconstitutional, Justice Chandrachud overruled his father judgment. While writing the judgment for himself, he said Section 497 is based on gender bias and stereotyped and treats women as an unequal partner in marriage.

Justice Chandrachud does it again: Overrules father’s verdict for the second time

The junior Chandrachud also went on to say sexual autonomy of a woman isn't pledged to her husband after a marriage and that a law based on such a patriarchal approach can't be sustained.

Also Read | Adultery not a crime, but ground for divorce says Supreme Court

In the year 1985, the senior Chandrachud had upheld the constitutional validity of Section 497 of the Indian Penal Code. It was in the Sowmithri Vishnu vs Union of India case that Y V Chandrachud then the CJI had affirmed the validity of Section 497. He said that its removal from the statute book can result in adulterous relations having a more free play than now.

This is the second time that the son has overruled the father. Earlier in the Right to Privacy case he had set aside the opinion of his father in the controversial ADM Jabalpur case. Chandrachud senior had in 1976 upheld a presidential order to impose emergence in the country.

The son however held that the judgments rendered in the ADM Jabalpur case were seriously flawed. He said that life and personal liberty are inalienable to human existence.

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