After historic Aadhaar verdict, SC to deliver judgement on adultery law on Thursday

The hearing in the case by the bench, which also comprised justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra, went on for six days and had commenced on August 1.

SC verdict tomorrow on plea challenging adultery law
By: ABP News Bureau
Updated: 26 Sep 2018 10:38 PM
NEW DELHI: After Wednesday's historic verdict on Aadhaar Act, the Supreme Court is likely to pronounce on Thursday its judgement on pleas challenging the constitutional validity of the penal law on adultery. A five-judge constitution bench headed by Chief Justice Dipak Misra on August 8 had reserved its verdict after Additional Solicitor General Pinky Anand, appearing for the Centre, concluded her arguments.

The Centre had favoured retention of penal law on adultery, saying that it is a public wrong which causes mental and physical injury to the spouse, children and the family.

"It is an action willingly and knowingly done with the knowledge that it would hurt the spouse, the children and the family. Such intentional action which impinges on the sanctity of marriage and sexual fidelity encompassed in marriage, which forms the backbone of the Indian society, has been classified and defined by the Indian State as a criminal offence in exercise of its Constitution powers," the Centre had said.

Section 497 of the 158-year-old Indian Penal Code says: "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."

With the tenure of Chief Justice of India Dipak Misra entering last week, next few days will witness pronouncement of judgments on a series of significant issues.

Here's a look at other cases on which benches headed by Chief Justice Dipak Misra will pronounce judgement in the coming days.

Ayodhya Dispute

In the case of Ayodhya, the court will decide whether challenge to the 2010 Allahabad High Court verdict on Ayodhya title suit be heard by a regular bench or a five-judges constitution bench.

The Muslim litigants have insisted that the matter be heard by a five-judge constitution bench as the High Court verdict dividing the disputed land in three parts giving one to deity of Ramlala Virajman, another to Hindu sect Nirmohi Akhara and a third to the Muslims have relied on a 1994 top court judgment.

The Muslim litigants contest the 1994 judgment which says mosque is not integral to Muslim practice of offering prayers.

Sabarimala Temple Case

The top court is likely also to give verdict on challenge to the prohibition of menstruating women in the age group of 10 to 50 years to enter Ayyappa's Sabarimala temple.

Practice of Female Genital Mutilation

On the practice of 'female genital mutilation' (FGM) in Dawoodi Bohra community, the Centre has stated that it was violative of bodily integrity which is a part of right to privacy and dignity.

Activists' Arrest

The Supreme Court had on September 20 reserved its verdict on a plea by historian Romila Thapar and others seeking the immediate release of five rights activists in connection with the Koregaon-Bhima violence case and an SIT probe into their arrest.

Ahmed Patel's Re-Election to the Rajya Sabha

Another important judgement will be challenge to Gujarat High Court order on the 2017 election of Congress leader Ahmed Patel as Rajya Sabha member. Patel has challenged the High Court permitting trial on the election petition by defeated candidate Balwantsinh Rajput alleging corrupt practices in the election.

(With inputs from agencies)