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SC verdict on adultery welcomed by lawyers, activists; some raise concern too

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Press Trust of India New Delhi
Last Updated : Sep 27 2018 | 4:00 PM IST

The Supreme Court verdict Thursday declaring that adultery is not a crime was welcomed by several people who said it was a good riddance to an antiquated law, though some experts raised concerns over the judgement.

A five-judge Constitution bench headed by Chief Justice Dipak Misra was unanimous in striking down Section 497 of the Indian Penal Code dealing with the offence of adultery, holding it manifestly arbitrary, archaic and violative of the rights to equality and equal opportunity to women.

BJP spokesperson Nalin Kohli said that every judgement of the SC has to be welcomed because it becomes the law "which we all have to subscribe to.

"We have to look at judgements of the Supreme Court with regards to fundamental rights, whether it is equality of either men or women or everyone before the law or it is about right to privacy or it is about freedom of speech and expression.

"It has to been seen in context of this evolution. This judgement is a step in that direction. Every judgement of the SC has to be welcomed because it becomes the law which we all have to subscribe to," he said.

All India Majlis-E-Ittehadul Muslimeen president Asaduddin Owaisi raked up the issue of triple talaq, saying the Supreme Court decriminalised sections 377 and 497, but it had just "set aside" the practice of instant divorce among Muslims, and the government made it a penal offence through an ordinance.

"The Supreme Court didn't say Triple Talaaq is Unconstitutional but "set it aside "but Apex Court has said 377 & 497 is Unconstitutional will Modi Government learn from these judgments and take back their Unconstitutional Ordinance on Triple Talaaq (sic)," he tweeted.

Reacting to the judgement, social activist Brinda Adige asked if the judgement allows polygamy too? "Because we know that men very often marry two-three times and there is so much of problem when the first, second or third wife are abandoned."

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First Published: Sep 27 2018 | 4:00 PM IST

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