P: This time the court will have to do more than pronounce on whether the provision discriminates against men on the basis of gender and gives an unconstitutional
exemption to women.
Q: It has further noted that in a case of adultery, one person is liable for the offence but the other is absolved and that the concept of gender neutrality, on which
criminal law normally proceeds, is absent.
R: By agreeing to have another look at the constitutional validity of Section 497 of the Indian Penal Code, under which men can be prosecuted for adultery, the
Supreme Court has re-opened a question that has been decided thrice in the past.
S: While agreeing to issue the notice to the government, the Bench has observed th at the provision is archaic.