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<keyword id="860096" type="PERSON" weightage="20" keywordseo="Section-497">Section 497</keyword> of the <keyword id="75223" type="ORGANIZATION" weightage="20" keywordseo="Indian-Penal-Code">Indian Penal Code</keyword> has become a hot topic following an important ruling by the Supreme Court which scrapped this law altogether. Here we discuss in length about this law and what it implied so far. Section 497 of the India Penal Code deals with adultery. The recent judgment by the Supreme Court overturned there earlier rulings that upheld that the said law was constitutional. As per the Supreme Court’s recent decision, Section 497 of IPC goes against the constitution of India and hence need to be scrapped altogether. The bench that pronounced the recent judgment consisted of five judges including the Chief Justice <keyword id="6355251" type="PERSON" weightage="20" keywordseo="dipak-misra">Dipak Misra</keyword>, and Justices R F Nariman, A M Khanwilkar, DY Chandrachud and Indu Malhotra. Overview of Section 497 of IPC Section 497 of IPC says it is a punishable offense for a man to have sexual intercourse with a married woman without the consent of her husband. The man committing such an offense can be imprisoned for five years or more and can also be asked to pay a fine. Understanding ‘adultery’ in the legal context The dictionary meaning of the term adultery reads thus, "adultery is a voluntary sexual intercourse between a married person and a person who is not their spouse". The petitioners wish to address a few problems connected to Section 497 of IPC as explained hereunder. One big concern regarding this law is that it does not appear to be gender-neutral. In case of any act of adultery committed, the law calls for punishing the man but not the woman involved. Section 497 does not enable a woman to file a complaint against her husband when he has had sexual intercourse with another woman. A number of people call this an anti-woman law since the law seems to reduce a woman as a mere object. As per what the said law implies, a man does not need the consent of the woman to have sexual intercourse with her. The law only says, the said act will not be a crime if the woman’s husband agrees for the act. How the Supreme Court interpreted Section 497 of IPC The judges have stated recently that the Section 497 seems outdated. In fact, it appears to violate the Articles 14 and 21 of the IPC. While commenting on the said law, the justices remarked, "Adultery can be ground for civil issues including dissolution of marriage but it cannot be a criminal offence." The bench also added further that Section 497 looked 'unconstitutional' as it violates the right to equality. There are no reasons whatsoever to continue this law that does not serve the intended purpose. Nevertheless, the Supreme Court upheld that adultery can be a valid ground for applying for divorce. Talking at length about the law and the reasons for scrapping the law, Justice DY Chandrachud commented that Section 497 deprives women of their dignity. CJI Misra said, "Women must be treated with equality with men. Any discrimination shall invite wrath of Constitution. A woman can't be asked to think the way society desires."

What is Section 497 IPC

<ul><li>The Supreme Court of <keyword id="3658" type="COUNTRY" weightage="20" keywordseo="India">India</keyword> passed a verdict stating that adultery can be grounds to file for divorce but it’s no longer a criminal offence.</li><li>The 158-year old Indian law has been scrapped from the <keyword id="75223" type="ORGANIZATION" weightage="20" keywordseo="Indian-Penal-Code">Indian Penal Code</keyword> (IPC) after being deemed unconstitutional by a five-judge panel. </li><li><keyword id="860096" type="PERSON" weightage="20" keywordseo="Section-497">Section 497</keyword> was seen as contradictory to Article 14 and 21 of the Indian Constitution.</li></ul>Section 497 has been a thorn in the Indian judicial system for a while now. But, in a turn of events, the Supreme Court of India unanimously ruled to remove the 158-year old law from the Indian Penal Code (IPC). The law basically said that, whoever has sexual intercourse with someone else’s wife, without the husband’s consent, is guilty of the offence of adultery. The five-judge constitution bench of the supreme court ruled that this violated Article 21 and Article 14 of the constitution. While Article 21 addresses the right of an individual to their own personal liberty, Article 14 talks about equality before the law, that is, equal protection for all within the country. Reasons for scrapping Section 497 This particular section of the IPC has been controversial because it deprived married women of their own consent and autonomy. The law dictated that any man who has an affair with a married woman will be punished and the woman will only be looked at as the victim and forego legal consequences. That is unless the husband gives consent. Essentially, this meant that provided the husband’s okay with it, a woman can be subjected to someone else’s desire regardless of her own consent. <keyword id="519134" type="ORGANIZATION" weightage="20" keywordseo="Justice-Chandrachud">Justice Chandrachud</keyword>, one of the judges on the five-judge panel of the case, stated that “Autonomy is intrinsic in dignified human existence. Section 497 denuded the woman from making choices. It fails to meet the touchstone of article 21”. An unmarried woman, on the other hand, can’t be prosecuted for adultery. So a man can’t be prosecuted, by his wife, for having an affair with an unmarried woman. There is also the disparity that only men can be the victims as well as the accused - and this too is in violation of Article 14. Having an affair outside of your marriage is decriminalised in all of the European countries as well as in Australia. That being said, while the law may be considered as outdated, it is still implemented in a few other countries, including nearly 20 states in the United States. Some of the Asian nations like the Philippines, Pakistan and Taiwan. <div type="Youtube" id="YlHoa1r6J44" title="Adultery is no longer a crime: SC deems Section 497 to be unconstitutional" thumbUrl="https://i.ytimg.com/vi/YlHoa1r6J44/mqdefault.jpg"></div>

Adultery is no longer a crime: Supreme Court deems Section 497 to be unconstitutional

<ul><li>In September 2018, India’s Supreme Court struck down <keyword id="6362797" type="UNKNOWN" weightage="20" keywordseo="section-377">Section 377</keyword> and Section 497 of the Indian Penal Code, two colonial era law that had criminalised homosexuality and adultery. </li><li>At an annual press conference today, India’s <keyword id="15350" type="ORGANIZATION" weightage="20" keywordseo="Army">Army</keyword> Chief, <keyword id="2496903" type="PERSON" weightage="20" keywordseo="Bipin-Rawat">Bipin Rawat</keyword>, said that the rulings would not apply to the country’s soldiers, citing the conservative nature of the <keyword id="6359526" type="UNKNOWN" weightage="20" keywordseo="military">military</keyword> establishment. </li><li>He further explained that once a person joins the Indian army, they aren’t necessarily subject to the same rights and privileges, saying “Some things are different for us.”</li></ul> In September 2018, a five-bench judge of India’s Supreme Court <a href="https://www.businessinsider.in/section-377-verdict-indias-top-court-decriminalises-homosexuality-in-landmark-verdict/articleshow/65697010.cms">struck down Section 377</a> of the Indian Penal Code, a colonial era law from 1861 that had criminalised homosexuality and called it “unnatural.” In the same month, the apex court also scrapped Section 497 of the IPC, which banned adultery between consenting partners. Both these verdicts got India international praise. For example, the UN High Commissioner for Human Rights, Michelle Bachelet, called the verdict on Section 377 a "landmark" judgment, explaining it would herald “vital changes.” However, the Indian army won’t abide by any of these. At an annual press conference today, India’s Army Chief, Bipin Rawat, didn’t mince any words about how the ruling applied to the country’s soldiers. “We will not allow this to happen in the Army," Rawat <a href="https://www.ndtv.com/india-news/wont-allow-gay-sex-in-the-army-says-chief-general-rawat-1975706">clarified</a>, citing the conservative nature of the military establishment. When pressed on the soldiers’ right to freedom, he further explained that once a person joins the Indian army, they aren’t necessarily subject to the same rights and privileges, saying “Some things are different for us.” At the time, however, there were <a href="https://theprint.in/security/indian-army-is-worried-now-that-men-can-legally-have-sex-with-other-men/113644/">some doubts</a> as to whether the Indian Army would subscribe to the order, given that same-sex relations are implicitly banned by the Armed Forces Act under the guise of “civil offences” or “unbecoming conduct.” Rawat isn’t alone since other countries, especially in Asia, have banned <keyword id="6464875" type="UNKNOWN" weightage="20" keywordseo="gay">gay</keyword> sex in the Army. However, he risks undermining a law that stands to revolutionise the country’s approach to individual freedom. On the other hand, a <a href="https://www.npr.org/2010/12/07/131857684/how-gay-soldiers-serve-openly-around-the-world">number of countries</a> around the world allow openly gay people to serve in the military such as the UK, Israel, Australia, Canada, South Africa, Chile, Brazil and the US, which lifted the ban <a href="https://www.theguardian.com/world/2011/sep/20/us-military-lifts-ban-gay-troops">as recently as 2011</a>. While it is obvious that Rawat did not want to shake up the ethos and belief structure of a 114-year old institution, one can’t help thinking that his views seem a bit antiquated.

No room for gays, declares India’s army chief four months after landmark verdict

<div class="KonaFilter image-container display-table float_right"><div><div class="image on-image"></div></div></div>The boss of extra-marital affairs dating website Ashley Madison said that "female equality" is behind its "exponential growth" because it has led to an <a href="http://uk.businessinsider.com/ashley-madison-aims-to-raise-200-million-in-london-ipo-2015-4">increase in "appetite" from women to cheat on their partners</a>.In fact, Ashley Madison is growing so rapidly that it is looking to <a href="http://uk.businessinsider.com/ashley-madison-aims-to-raise-200-million-in-london-ipo-2015-4">launch an IPO in London imminently </a><a href="http://uk.businessinsider.com/ashley-madison-aims-to-raise-200-million-in-london-ipo-2015-4">so it can raise £135 million ($200 million) to fuel an even bigger expansion</a>. It already claims to be the second-largest dating website in the world, just behind Match.com. It launched in 2001 and now has 36 million members in 46 countries."We're seeing a big rise from the Jewish world, arranged marriage world in India, as well as Asia. In the Latin world, we're seeing strong growth in Brazil, such as Sao Paolo, and we're increasing membership in Mexico," said Noel Biderman, who is the CEO of <a href="http://www.avidlifemedia.com/">Avid Life Media which owns Ashley Madison as well as a range of other niche dating websites</a>, to Business Insider in a telephone interview.In 2014, it had $115 million (£76 million) in sales, which is almost a fourfold increase since 2009. This is largely pegged to a growth in female users, according to Biderman. He said that revenue is projected to reach over $150 million (£99 million) over the next year or so, as membership from culturally conservative parts of the world are surging."I don't see an appetite for unfaithfulness waning around the world," Biderman said. "Women are getting greater equality and are generally getting married later than those in two or three generations ago. They are now more willing to put their marriage at risk. That's only going to increase because economic conditions for women are better and it gives them more choice." <div class="KonaFilter image-container display-table float_right"><div><div class="image on-image"></div></div></div><a href="http://www.huffingtonpost.com/2014/04/02/adultery-site-big-in-japa_0_n_5078470.html">Ashley Madison</a><a href="http://www.huffingtonpost.com/2014/04/02/adultery-site-big-in-japa_0_n_5078470.html"> only charges male members</a>, which account for 70% of membership globally, to meet married women. It's free to sign up, but if you want to meet people, you have to buy packets of "credits" to hook up with another person on the site.One credit entitles you to meet with one other person. The packages range from the introductory range of 100 credits at $49 (£32) to the "affair guarantee" package, which has 1000 credits, costing $275 (£181).It doesn't charge women but they would have to pay a fee of around $17 (£11) to erase their profiles entirely. Now that there are more women on the platform, it is providing more chances for men to match with other women on the site."Planting your flag in controversy"Ashley Madison is targeting 50-60% of its sales to come from Asia by 2020. Japan, which has a low divorce rate compared to the US (four cases out of 1,000 people) versus about two cases per 1,000 people, is a huge growth market.Also, as of the end of February, <a href="http://uk.businessinsider.com/r-south-korean-condom-stock-surges-after-court-says-adultery-not-a-crime-2015-2">South Korea struck down a decades-old law banning adultery</a>, meaning that the market became wide open for Ashley Madison."I think as an entrepreneur it's important to plant your flag in controversy," said Biderman."You see what happened in South Korea when they changed their adultery laws. Anywhere with pent up demand is great for business. Condom manufacturers rushed in as business will grow. Traditional companies rather just wait and see and let people like us test the market. But that's fine being the only game in town."Why Ashley Madison is looking to launch in LondonAshley Madison's growth story has been charted for the last five or six years and it even tried to to launch an IPO in Toronto, but it failed following a lack of investor demand.It is now touting business in Europe ahead of its proposed London IPO because, effectively, <a href="http://uk.businessinsider.com/ashley-madison-aims-to-raise-200-million-in-london-ipo-2015-4">the continent and Britain's capital in particular is openly more liberal when it comes adultery</a>.Biderman told us that the group's plan to launch an IPO is "out of the infancy stage" and its waiting to hear back from "two to three stock brokers and investment banks" over whether they would like to get on board with the listing."We're unique because any individual investor on the street understands what we are and how we generate business. People are unfaithful and we charge for them to communicate with one another. There is appetite from people to be part of it. People don't question investing McDonald's which sells unhealthy food or advertising companies that may represent some companies you don't agree with," said Biderman.He also believes that, as long as women become more "empowered" and laws against adultery are nullified, then there will always be decent returns for investors."If you're looking at us from an investment point of view, you'll see that our core market isn't going to change in growth. It's based on human conditions [to cheat] which could be anyone from Presidents, royalty, athletes, actors, your neighbour or even your co-worker," said Biderman. <div class="margin-top"> <h3>NOW WATCH: <a href="http://www.businessinsider.com/kids-choose-between-iphone-and-samsung-2015-4">Kids settle the debate and tell us which is better: an Apple or Samsung phone</a></h3> <div> <div> <div class="ooyala-video-player" data-video-autoplay="false" data-video-id="JuZ2ppdDqpnTN4qk0JxJdpt7pBWqTiaj" data-player-variable="ooyalapopvideo" id="ooyalaplayer_popvideo" style="width:1280px;height:720px"></div> </div> </div> </div>

Ashley Madison's CEO explains how 'female equality' is driving women to cheat

After taking up various missions like bringing back black money stashed abroad, Swachh Bharat, Digital India and Make in India, the Narendra Modi-led government has embarked on another mission to repeal outdated and archaic laws. 
 
Prime Minister Narendra Modi has asked the Law Ministry to identify these laws and get it repealed through an Act of Parliament. Let’s have a look at six most weird laws in India: 
 
<keyword id="2123426" type="UNKNOWN" weightage="20" keywordseo="Indian-Motor-Vehicles-Act">Indian Motor Vehicles Act</keyword>, 1914: This Act requires that a person needs to have ‘well brushed teeth’ in order to be eligible to become an inspector in Andhra Pradesh. A person with dirty, pale teeth cannot become an inspector in the state! 
 
The <keyword id="75223" type="ORGANIZATION" weightage="20" keywordseo="Indian-Penal-Code">Indian Penal Code</keyword>, 1860 (Section 497): Under this law, a married man can ‘legally’ have sex with an unmarried girl, a divorcee or a widow. It will not be treated as adultery. 
 
If you wish to have sex with a married woman, you need to have her husband’s prior approval! The law states, “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.” 
 
On the other hand, women have the special privilege of having as many extra marital affairs as they wish. This is how gender equality exists in our country. 
 
Indian <keyword id="1327581" type="UNKNOWN" weightage="20" keywordseo="Treasure-Trove-Act">Treasure Trove Act</keyword>, 1878: Did you know that you can be jailed if you, by chance, find anything that is worth more than Rs 10 and you do not report it to a revenue officer? The Indian Treasure Trove Act, 1878, states that it is mandatory to report it to a revenue officer. According to the Archaeological Survey of India (ASI), the law was designed to “protect and preserve treasure found accidentally but had archaeological and historical value.” 
 
Indian Post Office Act, 1898: This Act states that “the exclusive privilege of conveying letters is reserved to the government.” So, the whole courier industry in the country is illegal according to this Act. Even sending letters through pigeons might in violation of this Act. 
 
Indian <keyword id="1936372" type="UNKNOWN" weightage="20" keywordseo="Sarais-Act">Sarais Act</keyword>, 1887: This Act makes it mandatory for an innkeeper to report to the nearest police station if someone falls ill at a hotel. The innkeeper is also required “to thoroughly cleanse the rooms and verandahs, and drains of the sarai (hotel), and the wells, tanks, or other sources from, which water is obtained for the persons or animals using it, to the satisfaction of, and so often as shall be required by, the Magistrate of the District, or such person as he shall appoint in this behalf.” 
 
Moreover, he must “remove all noxious vegetation on or near the sarai (hotel), and all trees and branches of trees capable of affording to thieves means of entering or leaving the sarai.” 
 
Indian Aircraft Act, 1934: Flying a kite might be your hobby, but did you know that you need to get a permit for that? According to the Indian Aircraft Act, 1934, kites are also aircraft, and you must obtain a permit as required for a plane.

Naya
Daur Naya Kanoon: These 6 Weird
Indian Laws Along
With Many Others
Might Get Abolished
Or Changed
By Modi Govt

<ul class="summary-list"><li>A protester ran onto the pitch at a World Cup game Monday holding a rainbow flag.</li><li>Mario Ferri Falco also wore a T-shirt that said "Save Ukraine" and "Respect for Iranian Woman."</li></ul>A protester ran onto the pitch at a World Cup game between Portugal and Uruguay on Monday, holding a rainbow flag to protest the host Qatar's stance on homosexuality. Mario Ferri Falco, a serial pitch invader, also wore a T-shirt that said "Save Ukraine" on the front and "Respect for Iranian Woman" on the back.Stewards chased him, and he dropped the flag on the pitch before being escorted off the field at Lusail Stadium.Falco — nicknamed "Il Falco," or "The Falcon" — is a 35-year-old Italian activist and a professional soccer player who most recently played in India. In 2010, he ran onto the pitch during a game in Abu Dhabi, United Arab Emirates, with the message "Free Sakineh," referencing Sakineh Mohammadi Ashtiani, an Iranian woman who was sentenced to death by stoning after being found guilty of adultery and conspiring to murder her husband.She was eventually released in 2014 after nine years on death row.At the 2014 World Cup, in Brazil, Falco also interrupted a game with the message "Save Favelas Children."<div type="image" title="A protestor in a top reading &quot;Respect For Iranian Women&quot; waving a rainbow flag invades the pitch during the FIFA World Cup Group H match at the Lusail Stadium in Lusail, Qatar." height="1406" width="2000" msid="95861348" hostid="261"></div>In Qatar, homosexuality is illegal and punishable by prison or, in some cases, death. Ahead of this year's World Cup, the tournament ambassador Khalid Salman called homosexuality "damage in the mind."England, Germany, and other European nations originally planned to have their team captains wear rainbow armbands that said "OneLove" at the tournament to promote diversity and inclusion, <a href="https://www.insider.com/qatar-world-cup-nations-reverse-decision-to-wear-rainbow-armbands-2022-11">but they opted against doing so after being threatened with sporting sanctions by world soccer's governing body, FIFA</a>.Denmark's captain, Simon Kjær, has continued to wear the armband despite the threat.Meanwhile, Iran's players refused to sing its country's national anthem before its World Cup match with England last week in an apparent expression of support for anti-government protesters back home.Protests in Iran were sparked by the death of Mahsa Amini, a 22-year-old woman who died in custody in September after being detained by morality police on suspicion of breaking the country's strict rules around head coverings.<a href="https://www.businessinsider.com/iran-woman-arrested-morality-police-over-hijab-wearing-dies-suspiciously-2022-9">Witnesses accused police officers</a> of forcing her into a van and beating her in Tehran.

World Cup protester invades field holding rainbow flag and wearing T-shirt that read 'Save Ukraine' and 'Respect for Iranian Woman'

10 landmark judgements India’s Supreme Court passed in 2018

<div class="image-container float_right" style="width:480px"><div class="image">AshleyMadison.com</div></div>The founder of a dating service promoting adultery is setting his sights on <keyword id="1334" type="COUNTRY" weightage="60" keywordseo="China">China</keyword>'s cheating hearts after a controversial launch in Hong Kong.
"It is a reality of life, we are an unfaithful society," said Noel Biderman, the founder of the <keyword id="1492061" type="PERSON" weightage="60" keywordseo="Ashley-Madison">Ashley Madison</keyword> "married dating" service.
With its slogan "Life is short. Have an affair", the website boasts more than 20 million users in more than 15 countries.
It has been expanding aggressively, adding Japan and India last year. On Friday it lanched in Hong Kong, where religious and family planning groups have come together to criticise its message.
Biderman said he nevertheless expected his service to be "wildly popular" in the southern Chinese city, noting that the website received around 320,000 Hong Kong hits in the past year without spending anything on marketing.
"That to us indicates massive appetite for this specific product," Biderman told AFP, citing rising divorce rates in the city.
Government data show 30 out of 100 married couples filed for a divorce in 2011, twice as many as in 1991. The number of divorce cases hit a record high of 21,125 in 2012.
Hong Kong is "in transition when it comes to relationships and marriage and that can lead to an interesting environment," said Biderman.
"When we put ourselves into that mix, we can do extremely well."
User "mamama222" was one of the first in Hong Kong to sign up. "I'm looking for various men to fulfil what my husband can't," she said on her profile.
In catering to such motivations, Ashley Madison has attracted plenty of criticism from religious groups and social workers.
"We must do everything we can to uphold the values and the stability of" marriage and family, Hong Kong Catholic Diocese reverend Lawrence Lee told AFP.
"This is disrupting marriage and family, what good can it come to?" he added, noting that Chinese people had "great respect for marriage and family."
A Hong Kong Family Planning Association spokeswoman told AFP: "Infidelity in any form of clandestine extra-marital affair without the partner's knowledge or consent may hurt the marital relationship and ultimately undermine family integrity".
The concept of marriage in the city is nevertheless becoming increasingly "fragile", Chinese University of Hong Kong professor of Social Work Lam Ching-man told AFP.
"Hong Kong people are facing lots of challenges," Lam said, adding that couples have to deal with an increasing financial burden and other social stresses.
Lam does not believe the website will be as popular in Hong Kong compared to other locations such as Japan which saw a million users sign up in months.
Hong Kong has one of the world's lowest fertility rates, which experts say is driven by financial pressures in a city of extremely high property prices.
Hong Kongers also have a reputation as some of the least active lovers in Asia, ranking low in informal surveys of sexual frequency by British condom manufacturer Durex.
Younger Hong Kong residents typically live at home deep into their 20s or 30s because they can't afford to marry and move out earlier, meaning that many reside in close proximity to their parents in cramped apartments.
But for Biderman, the city is a possible springboard for an entry into China, home to one of the largest internet markets in the world.
Over 640,000 people from China tried to access Ashley Madison in the past year before it was available, showing "a lot of pent-up demand" in the country, Biderman said.
"If there were 10 times more people trying to log in from China as there were last year because of the Hong Kong launch and it starts to spread virally that way, that could be the impetus for me to take that plunge" he said.
"Bottom line is, people have affairs, they're having affairs because they don't want to leave the family," he said.
"There really is a negative impact in separating a family, there is no corresponding negative impact to an undiscovered affair...The vast majority of people that have affairs, especially on our service, never get discovered."
<div class="nc_footer">
Copyright (2013) AFP. All rights reserved.
</div>

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What is Section 497 IPC

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No room for gays, declares India’s army chief four months after landmark verdict

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Ashley Madison's CEO explains how 'female equality' is driving women to cheat

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Naya Daur Naya Kanoon: These 6 Weird Indian Laws Along With Many Others Might Get Abolished Or Changed By Modi Govt

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