On Wednesday, the Centre said that it continued to back the idea of keeping adultery a crime. The Centre told the SC in an affidavit that adultery should remain a crime, and that its dilution would will erode the ‘sanctity of marriage’.
On a plea seeking action against women for adultery, the Centre said “Section 497 was enacted so as to safeguard the sanctity of marriage and diluting it would be detrimental to matrimonial bond.”
The Government also said it doesn't want the 5-judge bench of Supreme Court. Only men can be charged under Section 497 of the Indian Penal Code for adultery.
Section 497 in The Indian Penal Code
497. Adultery.—Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.
Putting the onus on the Supreme Court to decide the matter of the constitutionality of Section377 of the IPC, the Centre on Wednesday said that it will not contest the petitions challenging the law which criminalises consensual gay sex between two adults.
In an affidavit submitted in the apex court, Additional Solicitor General Tushar Mehta said that the Centre has decided to leave the issue to the wisdom of the Court.
"We leave the validity of Section 377, so far as it relates to consensual acts between two adults, to the wisdom of Court," Centre told the top court.
A five-judge Constitution bench headed by Chief Justice Dipak Misra on Wednesday began hearing a clutch of petitions challenging a 158-year-old colonial-era law that criminalises gay sex. The bench comprises Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra besides the CJI.
During the hearing today, the bench said it will restrict itself to whether Sec 377 is unconstitutional with regard to consensual sex between two adults.
Section 377 of the Indian Penal Code (IPC) refers to 'unnatural offences' and says whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to pay a fine.
The Delhi High Court, on July 2, 2009, had legalised homosexual acts among consenting adults, holding that the 149-year-old law making it a criminal offence was violative of the fundamental rights.
With inputs from PTI
