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The Supreme Court of India has upheld the Constitutional validity of Section 497 of the Indian Penal Code (Adultery) in:
Question

The Supreme Court of India has upheld the Constitutional validity of Section 497 of the Indian Penal Code (Adultery) in:

A.

Smt. Sowmithri Vishnu v. Union of India

B.

K.M. Nanawati v. State of Maharashtra

C.

Priya Bala Ghosh v. Suresh Chandra Ghosh

D.

Sukhbeer Singh v. State of Haryana

Correct option is A


The case of Smt. Sowmithri Vishnu v. Union of India is where the Supreme Court upheld the Constitutional validity of Section 497 of the IPC, which dealt with the offence of adultery. In this case, the Court ruled that the provision was valid, though later, in 2018, Section 497 was struck down by the Supreme Court in the landmark judgment of Joseph Shine v. Union of India, declaring the law unconstitutional and discriminatory against women.
Information Booster: Section 497 IPC, which criminalized adultery, was challenged on the grounds that it was discriminatory. The Supreme Court initially upheld its validity in Smt. Sowmithri Vishnu v. Union of India. However, the law was eventually struck down in 2018, in the Joseph Shine case, where the Court held that the section violated the right to equality and was patriarchal and discriminatory.
Additional Knowledge:
· K.M. Nanawati v. State of Maharashtra (b): This famous case involved the trial of a naval officer for the murder of his wife’s lover, which led to significant public and media attention but was not directly related to Section 497.
· Priya Bala Ghosh v. Suresh Chandra Ghosh (c): This case deals with procedural aspects of criminal law, not adultery.
· Sukhbeer Singh v. State of Haryana (d): This case is unrelated to the issue of adultery.

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