S.Sabarinadh (Student) 22 March 2010
Adultery is defined under s.497 of the Indian Penal code of 1860. In the said section it is clearly mentioned that the wife who took part in the same intercourse is not an abettor!!!!!!!!!!!!!!!!!!!!!!!!
Now the question arises whether the s*xual intercourse between man and women with the consent of the woman leads to punishment of only man. Isn't it the violation of Art. 14 and a clear discrimination on the basis of gender?????????????
Arup (UNEMPLOYED) 07 May 2010
yes. right.
but no way out.
Devajyoti Barman (Advocate) 07 May 2010
Since the Supeme Court long back in the year 1985 in ' S. Vishnu vs. Union of India ' whch was later relied on by the supreme court in 1988 in V.Rathi vs. Union of India has affirmed that this section does not violate Art14 or 15, we can not ask its propriety anymore.
Arup (UNEMPLOYED) 08 May 2010
497 is disputed law. though sc did not struck down still then it is disputed. perhaps it is equally disputed with 498a.
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