SMT. SOWMITHRI VISHNU versus UNION OF INDIA & ANR.

SMT. SOWMITHRI VISHNU versus UNION OF INDIA & ANR.

Section 497 of the Indian Penal Code, which treats only a man as the offender in the crime of adultery and does not allow the wife to prosecute or be prosecuted, does not violate Articles 14, 15, or 21 of the Constitution. The section is a legislative policy choice; constitutional validity cannot be based on desirability or alleged under-inclusiveness, but must be assessed on infringement of express constitutional prohibitions, which are not present here.

Parties
Petitioner: Smt. Sowmithri Vishnu; Respondent No. 1: Union of India; Respondent No. 2: Respondent No. 2
Jurisdiction
India
Judgment Date
27 May 1985
Procedural Posture
Writ Petition Under Article 32 of the Constitution of India / Final Decision on Merits
Outcome
Writ petition dismissed
Legal Topics
Adultery, Section 497 IPC, Gender Discrimination, Article 14 Constitution, Article 15 Constitution, Article 21 Constitution
Criminal Law Constitutional Law Adultery Section 497 IPC Gender Discrimination Article 14 Constitution Article 15 Constitution Article 21 Constitution

Case Brief

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Parties

Smt. Sowmithri Vishnu

Petitioner

Union of India

Respondent No. 1

Respondent No. 2

Respondent No. 2

Procedural Posture

Writ Petition Under Article 32 of the Constitution of India / Final Decision on Merits

Legal Issues

  1. 1 Whether section 497 of the Indian Penal Code, criminalising adultery, is violative of Articles 14, 15, and 21 of the Constitution of India.

Ratio Decidendi

Section 497 of the Indian Penal Code, which treats only a man as the offender in the crime of adultery and does not allow the wife to prosecute or be prosecuted, does not violate Articles 14, 15, or 21 of the Constitution. The section is a legislative policy choice; constitutional validity cannot be based on desirability or alleged under-inclusiveness, but must be assessed on infringement of express constitutional prohibitions, which are not present here.

Court Disposition

Writ petition dismissed

Orders

  • Complaint under section 497 IPC against Dharma Ebenezer quashed; no further proceedings to be taken therein.
  • No order as to costs.