‘Adultery must remain a crime to safeguard institution of marriage’

NEWDELHI: The Bharatiya Janata Party (BJP)-led National Democratic Alliance (NDA) government has opposed striking down the penal provision related to adultery from the Indian Penal Code (IPC), saying such a move would destroy the institution of marriage.

The government spelt out its stand in response to a petition challenging the constitutional validity of Section 497 of the IPC that punishes only men for adultery. An Italy-based non-resident Indian (NRI), Joseph Shine, challenged the provision, terming it unjust, illegal and arbitrary. The law prescribes a jail term of up to five years, a fine or both for men. Shine questioned the gender bias in the colonial era law.

“Section 497 IPC supports, safeguards and protects the institution of marriage,” read the Centre’s affidavit in response to Shine’s petition.

“It is submitted that striking down Section 497 of IPC and Section 198(2) CrPC (criminal procedure code) will prove to be detrimental to intrinsic Indian ethos which gives paramount importance to the institution and sanctity of marriage,” the ministry of home affairs affidavit added.

According to the affidavit, the Law Commission has been considering the issue since December 2014. A Supreme Court bench led by CJI, Dipak Misra on January 5 referred the PIL to a Constitution bench, observing that although criminal law was based on gender neutrality, the concept was absent in the section being challenged.