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SC's verdict on adultery draws mixed reactions, some say it's regressive

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New Delhi/ Bengaluru, Sep 27: The Supreme Court's verdict to decriminalise adultery has drawn mixed reactions. While some said that decriminalisaling adultery makes mockery of the concept of marriage, others opined that there was no logic in making it a criminal offence.

In a landmark verdict today (September 27), the Supreme Court struck down adultery as an offence under Section 497 of the Indian Penal Code. The section prescribed punishment only for a married man who had consensual sex with a married woman without the connivance or consent of her husband. As a result of this verdict, adultery would not be an offence any longer. The court however said that it could be a ground for divorce.

SCs verdict on adultery draws mixed reactions, some say its regressive

Speaking to OneIndia, Smriti (name changed) said decriminalisaling adultery means that now people are only bound by their moral and ethical values and not by law. People cheating on their spouses will continue to do it openly now, she added.

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

"More than a law or rule, adultery is morally and ethically wrong. Married or not, cheating on one's partner never ends well. When someone is in a relationship, and cheats on his/her partner, there's no law that can hold him/her guilty of the crime. But as a society, if we are made to believe that marriage is a institution above all relationships and it is meant to preserve it's being between two parties, then decriminalizaling adultery just makes a mockery out of the concept of marriage," she furher said.

The existing law, Section 497, stated that a man found guilty of adultery can be punished and the right to press adultery charges lied with the husband of a woman with whom the accused man indulged in sexual intercourse. The law, which was in practice so far, clearly indicated that adultery is an offence only for a man who gets into a relationship with someone else's wife.

Also Read | Married woman doesn't pledge sexual autonomy to her husband: SC

"No one should be given the leverage to take law for granted..as it is said, all are equal in the eye of law, this verdict is a step forward on this line," said Manisha (name changed), a married woman from Delhi.

"Ancient notions of man being perpetrator and woman being victim no longer holds good. So, I m happy with the verdict," said Preeti.

The apex court also observed that adultery can be a ground for divorce, but not a criminal offence. The court observed that husband is not the master of the woman.

"I welcome this decision. There was no logic in making this a criminal offence. But, it is good that is still remains a ground for divorce," said Prakash (name changed), a married man from Bengaluru.

Also Read | What the lone woman judge on the SC Bench said about adultery

Adultery is a contentious issue. Some feel that it is a private matter that the couples should sort out themselves. Some others, however, feel that a law is needed as it would serve as a deterrent.

Smriti's first reaction after the verdict was that of a shock and she spontaneously said: "We've gone back to the neanderthal days." When further details of the verdict came out, she spoke to us in detail about how it would affect relationships and to what extent does the onus lie with the couple.

"If adultery is just a morally wrong concept whether two people are just in a relationship or married, then people might as well continue to be in a relationship that get into wedlock. If marriage is not here to assure us anything (in terms of holding someone responsible for a crime), we might as well be in a relationship and stay out of marriage," she said.

"We have handed over the responsibility of preserving the sanctity of marriage to a select few morally strong couples now. Sad," she added.

Justice Indu Malhotra, the lone woman judge on the Bench also termed Section 497 as unconstitutional. She however said that adultery is a moral wrong.

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