Married women have sexual autonomy, says Supreme Court

Justice D Y Chandrachud, who was part of a five-judge Constitution bench headed by Chief Justice Dipak Misra examining the penal law on adultery, also said that if a person indulges in an adulterous relationship then this itself was an indicator of a “broken marriage”. A woman, living in an almost broken relationship, does not lose her sexual autonomy just because she was married, the judge said. 

“When we accept that a woman has the right to say ‘no’ then we will have to accept that she has the right to sexual autonomy,” Justice Chandrachud said. However, the CJI said, “Suppose we say that sexual autonomy is the natural right then it will take away the adultery as the ground for seeking divorce.” 

The CJI also drew the distinction between adultery as a criminal offence and as a civil wrong which has been used as a ground for seeking divorce in matrimonial disputes.