Union Government on Wednesday informed the Supreme Court that Adultery must remain a punishable offense to safeguard the sanctity of Marriage. Centre reacted in this way while filing counter to the plea seeking scrap of Section 497 of the IPC.
In it's affidavit, NDA Government told the Top Court scrapping Section 497 would destroy the institution of marriage. It maintained such a law was created keeping in mind the culture of the Indian society.
Section 497 of the IPC provides punishment for only Male having extra-marital affair with the wife of another man. Quantum of punishment could be up to 5 years or fine, sometimes both.
However, The Wife who is having an extra-marital affair can't be punished as per the existing law. Petitioner Joseph questioned why should a Woman having extra-marital affair be spared if the sexual intercourse is consensual.
Citing Justice Malimath Committee Report, Centre recommends making Section 497 applicable to all the genders. It informed Amendment to Section 497 could happen after the Law Commission submits it's final report.