Women cannot be accused of adultery as the law considers the position of a married woman “almost” as a property of her husband, ruled the Supreme Court in a recent judgement. The judgement rendered by a Bench of Justices Aftab Alam and RM Lodha discussed the criticism emerging out of this controversial provision of Section 497 dealing with the offence of ‘adultery’ under the Indian Penal Code (IPC). However, it failed to redress the same and instead, followed the letter of the law to acquit a woman accused under this crime. The case related to Andhra Pradesh where the police had accused a married man and his girlfriend of having illicit relationship on a complaint given by the man’s wife. She alleged cruelty and torture ever since her marriage in February 2007, claiming that her husband maintained illicit relationships with the girlfriend even in her presence. On the complaint given by wife, an offence of adultery (Section 497) was slapped against the man and his girlfriend although Section 497 specifically states, “In such case, the wife shall not be punishable as an abettor.” Using the benefit of this exception under law, the accused woman approached the apex court after the Andhra Pradesh HC dismissed her petition and directed her to be prosecuted for the crime. Realising the prevailing confusion which possibly could have led the High Court to order so, the apex Bench said, “The provision is currently under criticism from certain quarters for showing a strong gender bias for it makes the position of a married woman almost as a property of her husband.” Even the language of Section 497 is worded in like manner, “Whoever has s*xual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man….” Justice Alam, who wrote the judgment for the Bench said, “In terms of the law as it stands, it is evident from a plain reading of the Section that only a man can be proceeded against and punished for the offence of adultery.” Giving effect to this reasoning, it went on to quash the case against the petitioner woman by saying, “The mere fact that the appellant is a woman makes her completely immune to the charge of adultery and she cannot be proceeded against for that offence.” https://dailypioneer.com/nation/24986-when-it-comes-to-adultery-women-cant-be-blamed-sc.html
