Delhi HC discharges man in adultery case, refers to Draupadi’s ‘devastating fate’ as husband’s property

Delhi High Court discharges man in adultery case, citing Mahabharata's Draupadi episode and Supreme Court's ruling on adultery.

The Delhi High Court has discharged a man in an adultery case filed by the husband of a woman he was allegedly involved with, observing that the ‘devastating consequences’ of a woman being treated as a husband’s property is famously illustrated in the episode of Draupadi in the Mahabharata.

“The woman being considered as the property of the husband and its devastating consequences are well documented in Mahabharat wherein Draupadi was put on stake in a game of gamble by none other than her own husband Yudhishtra where other four brothers were the silent spectators and Draupadi had no voice to protest for her dignity,” the court’s April 17 verdict said.

“As it happened, she was lost in the game of gamble and what followed was the great war of Mahabharat leading to mass loss of lives and wiping out of many of the family members,” the judge said.

Justice Neena Bansal Krishna of the Delhi High Court also referred to the judgement of the Supreme Court striking down the offence of adultery under Section 497 of the Indian Penal Code for being unconstitutional.

The court added, “Despite having such example to demonstrate the consequence of absurdity of treating of a woman as a chattel, the misogynistic mindset of our society understood this only when the apex court declared Section 497 IPC as unconstitutional.”

The husband in the present case alleged that his wife was in an adulterous relationship with the accused and they had physical relations with each other.

While the magisterial court discharged the accused, the sessions court set it aside and summoned him.