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Earlier, Punjab and Haryana High Court’s decision to uphold the High Court decision in the case filed by the woman was crucial. When a bench of Chief Justice Nariman, however, directed the state government to form a committee to amend the law to prevent the repeat of the incident, the state government approached the top court to challenge its order.
Chief Justice Ajit Prakash Shah, however, expressed his hope that the matter would be revisited after the assembly election is over. “At this stage, I would be happy if the matter can be redetermined after the end of the assembly elections.
The chief justice also asserted that it was wrong to de-criminalise adultery on the basis that it was “just like any other form of sexual relationship.” The chief justice, however, said that the verdict was correct in principle and it was for the legislature to decide if some additional punishment is needed for a husband who commits adultery with his wife.
“The court observed that to make adultery an offence implies that it is morally wrong… We need to give society a proper message that such acts are unacceptable,” he said.
“I am not saying that laws should not be there. I am saying only the quantum of punishment has to be decided by the legislature,” he said.
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The apex court had earlier directed the state government to frame law to prevent the repeat of the incident of the 2015 Haryana High Court verdict.
It said that from December 7, 1983 to September 30, 1985, there was no provision of punishment for adultery.
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“We have accepted the decision and the Haryana High Court in the present decision is correct in principle. The basis for the deviation was that the provision of law is silent on adultery beyond a limit of 28 years or a 28-year-old person.”
“It was because there was no provision for punishment in the existing law and from December 7, 1983 to September 30, 1985, there was no law on the subject, hence the law as it stands today was passed by the legislature on May 4, 1985.
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“So, the limit of 28 years means that it can be imposed on one who commits adultery beyond that period,” he said.
On the high court verdict
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