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1) Section 497 of the IPC is clearly out of step with the founding ideals of the Indian Constitution, which —among other things — guarantee equality before law and non-discrimination on account of sex. Critically examine.(250 words)

Topic – salient features of Indian society

1) Section 497 of the IPC is clearly out of step with the founding ideals of the Indian Constitution, which —among other things — guarantee equality before law and non-discrimination on account of sex. Critically examine.(250 words)

Financial express

Why this question

The article raises several pertinent points relating to the adultery law which prima facie go against the spirit of article 14 and 15. The matter is being discussed in the Supreme Court which makes it incumbent upon aspirants to understand the issue in depth.

Key demand of the question

The question expects us to explain what section 497 of IPC is about, how it goes against some of the fundamental rights as provided in Part III of constitution, and what should be the way forward.

Directive word

Critically examine – When you are asked to examine, you have to probe deeper into the topic,  get into details, and find out the causes or implications if any . When critically is suffixed, you have to highlight the pros and cons and give a balanced conclusion.

Structure of the answer

Introduction – Highlight that a petition challenging the constitutionality of section 497 is being heard in Supreme Court.

Body – Mention the detail of Section 497. Examine the main debates around section 497. Discuss how it goes against the idea of equality before law as granted under Article 14 and prohibition of discrimination under Article 15(1). Discuss why such a law would have been brought into force – mention the societal angle. Discuss the cons of the Act and why it needs to be changed.

Conclusion – Mention what an ideal law against adultery should look like and emphasize on the need for amending the law.