In a powerful judgment, the Delhi High Court has underscored the dangers of patriarchal mindsets that continue to treat women as property, drawing a poignant parallel to Draupadi’s plight in the Mahabharata. The observation came while quashing a 2010 criminal complaint under Section 497 of the Indian Penal Code (IPC), a provision that was declared unconstitutional by the Supreme Court in 2018.
Justice Neena Bansal Krishna, delivering the judgment on April 17, stated:
“Despite the well-documented consequences of treating women as chattel—as seen in the Mahabharata where Draupadi was wagered in a game of dice—society took centuries to discard this archaic notion. It was only with the Supreme Court’s decision in Joseph Shine that the absurdity of such thinking was legally dismantled.”
The case stemmed from a complaint filed by a husband in 2010, accusing another man of having an adulterous relationship with his wife. Although a trial court initially dismissed the case due to lack of evidence, the Sessions Court later revived it by issuing a summons. The accused then approached the High Court, seeking to quash the proceedings.
In its ruling, the Court reiterated that adultery, as defined under Section 497 IPC, required proof of sexual intercourse—something not established in this case. It also emphasized that the Supreme Court’s decision in Joseph Shine invalidating Section 497 applied retrospectively to pending cases.
“There can be no presumption of sexual intercourse merely because the woman stayed overnight in a hotel with another man. The essential ingredients of Section 497 IPC were not made out,” the Court held.
Citing the Apex Court’s decision in Maj. Genl. A.S. Gauraya v. S.N. Thakur, the High Court affirmed that once a law is struck down, it has retrospective effect in all pending matters.
With this, the Delhi High Court set aside the summoning order and discharged the accused, reaffirming that outdated and discriminatory views of women have no place in contemporary jurisprudence.
