Chief justice strikes down Indian adultery law in rights triumph
The chief justice of India’s Supreme Court has presided over a string of verdicts in recent weeks that grant more rights to women, gay couples and religious minorities, challenging deeply conservative Indian society as he prepares to retire from the bench next month.
In the latest decision yesterday, Chief Justice Dipak Misra and the rest of the fivemember court struck down a 158-year-old law that treated adultery in certain cases as a criminal offence punishable by up to five years in prison.
The court called the law, which did not allow wives to prosecute adulterous husbands, unconstitutional and noted a “husband is not the master of a woman”.
Adultery can still be grounds for divorce in India, the verdict said, but a criminal penalty violated women’s protection to equal rights under the law.
The verdict was hailed by activists and left-of-centre members of India’s parliament. “Excellent decision,” Sushmita Dev, an MP and president of the opposition Congress party’s women’s wing, tweeted. She said: “A law that does not give women the right to sue her adulterer husband… is unequal treatment and militates against her status as an individual”.
The rights group Amnesty International India said the decision was “a progressive judgment”andtheoldlawwas a “remnant of a time when a woman was considered to be the property of her husband”.
The scrapped law allowed men to file charges against other men who had affairs with their wives. Women having affairs could not be prosecuted, but they also could not file a complaint against cheating husbands.
Earlier this month the Misra-led court also struck down a colonial-era law that made gay sex punishable by up to ten years in prison. The 1861 law – a relic of Victorian England that hung on long after the end of British colonialism – was “a breach of the rights of privacy and dignity”, the court ruled.
It added “history owes an apology to the members of this community and their families for the delay in providing redressal for the ignominy and ostracism that they have suffered through the centuries”.
The court also yesterday decided not to reconsider a 1994 decision that would have delayed proceedings in a case over the ownership of the site of a mosque that Hindu hardliners demolished in 1992.
The court’s recent pace of decisions speaks to another feature of Misra’s tenure – expediting cases in a country where they routinely take decades to resolve. There are 33 million court cases pending in India, government figures show. Mr Misra is stepping down as chief justice next week when he turns 65 – the mandatory retirement age for Supreme Court judges.