India’s top court yesterday decriminalized adultery in a landmark judgement aimed at upholding the right to equality and freedom, scrapping a law first brought in under British colonial rule in 1860.
In a unanimous judgement, the five-member bench of the top court struck down a law that meant a man who had sex with a married woman without getting her husband’s permission could be charged and face up to five years in jail if convicted.
“Adultery cannot and should not be a crime. It can be a ground for a civil offense, a ground for divorce,” Chief Justice of India Dipak Misra said.
“It is time to say husband is not the master,” he said. “Legal sovereignty of one sex over another is wrong.”
Women could not file a complaint under the law nor be held liable for adultery themselves.
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