Economy

Chandrachud senior vs Chandrachud junior: Son rewrites rules of adultery after 33 years

Updated : September 28, 2018 06:32 AM IST

In 1985, Chief Justice YV Chandrachud had upheld the constitutional validity of Section 497 (adultery).

Almost 30 years later, his son Justice DY Chandrachud, among the five judges who called Section 497, scrapped the law that punishes men and not women for adultery.

Chandrachud senior vs Chandrachud junior: Son rewrites rules of adultery after 33 years

India on Thursday issued a landmark judgement by scrapping the pre-Independence provision of adultery in the Indian Penal Code.

The judgement was historic in many ways and one of them was the way in which it came about. In 1985, Chief Justice YV Chandrachud had upheld the constitutional validity of Section 497 (adultery).

The Section 497 titled ‘Adultery’ treated anyone guilty who has sexual intercourse with a person who is the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape.

Almost 30 years later, his son Justice DY Chandrachud, among the five judges who called Section 497, scrapped the law that punishes men and not women for adultery.

Chandrachud overruled father's judgement, saying “the wife cannot be treated as a commodity by leaving her at the discretion of her husband to give consent to the act.”

"Sexual autonomy of a woman cannot be compromised, it's her right and there cannot be any conditions," Justice DY Chandrachud said, asserting that the adultery law destroyed women's dignity and rights as she was treated as the property of her husband.

Last year, Justice DY Chandrachud had overruled his father's judgement on privacy, calling it "seriously flawed".

Have you signed up for Primo, our daily newsletter? It has all the stories and data on the market, business, economy and tech that you need to know.

Have you signed up for Primo, our daily newsletter?

It has all the stories and data on the market, business, economy and tech that you need to know.

To keep watching CNBC-TV18, India's No. 1 English Business News Channel, call your Cable or DTH Operator and subscribe now for just Rs. 4 per month. You can also subscribe to CNBC-TV18 Prime HD for Re 1/- per month.Find out more