Bombay high court upholds validity of adultery legislation

The Bombay high court, on Monday, dismissed the petition filed by a city based businessman challenging the constitutional validity of section 497, (Adultery) under the Indian penal Code, and noted that it cannot be termed to be violating fundamental right to life of two adults. The bench also noted that it even if time has come to revisit the section 497 in the changing scenario of adult relationships it was not the court but the legislature which needs to consider amending it.

The division bench of Justice BH Marlapalle and Justice UD Salvi, observed “Any amendment in the section 497 has to be exquisitely done by the Legislature. The courts are only here to interpret the enactments. Even if there is a case made out for revisiting the section in changing times it is for the legislation to consider the same. Even if case is made out for revisiting, we still cannot hold the section to be unconstitutional.”

A 41-year-old businessman facing criminal proceedings before a Dadar magistrate for adultery had moved the high court to challenge the constitutional validity of penal provisions against adulterous relationships in a changing society. The petitioner’s advocate Niteen Pradhan had argued that where even “live-in relationships are being legally recognised under the Domestic Violence Act and with the changing times in the society, there should not be a gender bias and two married adults should be allowed to enter a relationship.”