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"The 158-year-old law dates back to Victorian times, during British colonial rule of India. The penalty for adultery was up to five years in prison, or a fine, or both.

Noting that the law is singular in the penal code for treating men and women differently, Chief Justice Dipak Misra said, "The adultery law is arbitrary, and it offends the dignity of a woman."

He said adultery is grounds for divorce, but not jail time.

The five-judge court said the law gives a husband license "to use the woman as chattel."

"This is archaic law long outlived its purpose and does not square with constitutional morality," the bench said in separate, but concurring opinion to one issued by the chief justice.

The decision is the latest by an increasingly activist Indian Supreme Court that has done far more than the politicians in recent years to reorder sexual mores and advance gender equality in a deeply conservative, but rapidly modernizing society.

Misra, the chief justice, is retiring next week, and the court has been issuing rapid-fire judgments leading up to his departure. Many of the rulings are based on testimony heard earlier this year, but only released now.

Earlier this month, the court struck down a long-standing ban on gay sex. Last year, the justices outlawed the summary "triple talaq" divorce for Muslim men, and in a country with more child brides than anywhere in the world, the high court ruled that sex with an underage wife constitutes rape."

Fonte: NPR, 27/9/2018 (enfâse meu)