In a groundbreaking ruling by the Supreme Court of India, Section 497 of the Ranbir Penal Code has been declared unconstitutional, marking a significant step towards ensuring gender equality and protecting individual rights in marital relationships. The judgment highlights the need for laws to evolve with societal changes and sets a precedent for legal reform. This decision holds profound implications for the legal landscape, reflecting a commitment to upholding the values of equality and dignity.
Analysis
- Section 497 of the Ranbir Penal Code was declared as violative of Part III of the Constitution of India.
- The provision was struck down due to its discriminatory nature and being against the concept of gender equality.
- It was noted that adultery could be a ground for a civil wrong and not a criminal offense.
- The court emphasized on the importance of gender equality and the need for laws to reflect changing societal norms.
- The judgment aimed to uphold the dignity and rights of individuals in marital relationships.
- The sentence ‘In such case the wife shall be punishable as an abettor’ does not exist in Section 497 of the Indian Penal Code, 1860.
- The expression ‘In such case’ cannot stand alone as it lacks context.
- No charges remain against the appellant under Section 497 Penal Code.
- The appellant has been acquitted under Section 63 of the Army Act, 1950, pending confirmation.
- The entire Section of the Army Act, 1950, is declared unconstitutional.
- The contradiction between the Ranbir Penal Code and the Indian Penal Code regarding the treatment of wives is not significant.
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Decision
- The appeal has been allowed in terms of the signed reportable judgment.
- Pending applications have been disposed of.
- Confirmation proceedings for the offence under Section 63 of the Army Act, 1950, are to continue and reach their logical conclusion.
- The Armed Forces Tribunal judgment dated 08.01.2019 has been set aside.
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Case Title: COL. RAJNISH BHANDARI Vs. UNION OF INDIA
Case Number: C.A. No.-003204 / 2019
