In case of adultery, the law says that if a person makes a physical connection to a married woman, then he can be sentenced to five years imprisonment or a fine or both. However, this does not apply to women. That is, the provision of any punishment or penalties on the woman involved in adultery is not in the law.
In the law, this petition was filed on the basis of gender discrimination, a petition was filed in the Supreme Court. The Supreme Court had sought a response from the Central Government on this petition. The Central Government has given its opinion on this matter and told the court that it is not in favor of any change in the current law as it will not be in the interest of women and this can weaken the social entity like family.
The Central Government has asked the Supreme Court to dismiss the petition to weaken Section 497 of the IPC, known as adultery law because this section protects the marriage institution and gives protection to women. This will not prove to be beneficial for Indian culture.
Significantly, the petitioner filed an application in the Supreme Court saying that under Section 497 of the IPC, there is a provision for punishment for males in the case of adultery, while the women have been given a leave of conviction. In such a case, this law is gender discriminator so that this law should be declared non-constitutional.
Referring to the petition, the Supreme Court told the central government that when the Constitution considers both men and women alike, why do they differ in criminal cases? The court said that in every way of life, women have been treated equally, why do they behave differently in this matter? When the crime was done with the consent of both the woman and the man, why was the woman given protection?
The Center has also mentioned the report of the Justice Malimath in its reply. The committee has said in its report that the purpose of this section is to preserve the sanctity of marriage. Due to the extinction of adultery, the sanctity of marriage bondage will weaken and consequently, there will be negligence in accepting marital bondage.