Chief justice Dipak Misra announced Wednesday Adultery is no longer a criminal offense in India.
This is the second time this month that the country has overturned obsolete laws. Earlier in September, the courts overturned a law which criminalized gay sex.
While it can still be considered grounds for divorce, it is no longer punishable by law for a man to have sex with a married woman.
A petitioner had challenged the law saying it was arbitrary and discriminated against men and women.
Joseph Shine, petitioned against the law last August. He happened to be a 41-year-old Indian businessman residing in Italy. He petitioned the Supreme Court to dismiss the law on the premise that it discriminated against men by only holding them liable for women’s decision to cheat. He also argued that the law objectified women in the process.
The law only held men responsible for a woman’s adultery. It accused men of being seducers while women are almost considered victims. Meanwhile, women were prevented from filing complaints against their husbands if they adulterated.
The repercussions for violation was up to five years in prison and/or a hefty fine.
Meanwhile, adultery is still a crime in 21 U.S. states.