The issue is relating to the adultery where the women are treated as victims and the men are punished. The CJI questioned if women and men are enjoying with each other consent why the only man should be penalised and woman should be treated as a victim he questioned. The said discrimination is against the true spirit of the article 14 he opined. If the women are on the other part she should not be absolved the petitioner stated.
Section 497 of the IPC says- Whoever has sex with a person, and if that person is the wife of another man, and if she has sex with another man without the knowledge of her husband, such sexual encounter or intercourse not amounting to rape or offence , is guilty of the adultery and shall be punished with imprisonment of either description for a term, which may extend to 5 years, or with fine or with both. In such case, the wife shall not be punishable as an abettor.
Here the CJI questions that when the woman is also involved in the same act and enjoying the sex without the knowledge of her husband why she should not be punished under adultery and why such ladies should be absolved from the case.There is no good reason for excluding one party from the punishment the CJI opined.
