Adultery no more a crime; husband is not the master of his wife: Supreme Court

News Network
September 27, 2018

New Delhi, Sept 27: In a historic judgement, the Supreme Court of India on Thursday struck down Section 497 of the Indian Penal Code that made adultery a criminal offence.

A five-judge Constitution bench of the Supreme Court comprising Chief Justice Dipak Misra and Justices RF Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra was unanimous in its judgement that held Section 497 as unconstitutional. While holding that adultery is manifestly arbitrary, the court said the act can be a ground for divorce and a person will have civil remedies for it.

The CJI and Justice Khanwilkar said, "We declare Section 497 IPC and Section 198 of CrPC dealing with the prosecution of offences against marriage as unconstitutional".

Reading out his part of the judgement, CJI Misra, who retires early next month, said mere adultery cannot be a crime, unless it attracts the scope of Section 306 (abetment to suicide) of the Indian Penal Code.

Adultery law verdict - Highlights

“Equality is the governing principle of a system. Husband is not the master of the wife,” the CJI said, adding “the magnificent beauty of the democracy is I, you and we”.

The Chief Justice noted that an unhappy marriage might not be a result of adultery but vice versa. He pointed out that adultery is not a criminal offence in countries like China, Japan and Australia.

Justice Indu Malhotra described Section 497 as “a clear violation of fundamental rights granted in the Constitution”. There is no justification for the continuation of Section 497 of IPC, she concurred.

Justice Chandrachud, on his part, said Section 497 is denial of substance of equality as it imposes “a condition on the sexuality of women by making adultery as an offence.” He held the law as a “relic of the past”.

Justice RF Nariman, meanwhile, termed Section 497 dealing with adultery as an archaic law. He concurred with the CJI and Justice Khanwilkar, describing the penal provision under the law as violative of the rights to equality and equal opportunity to women.

Section 497 of the IPC read: "Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years or with fine or with both. In such case the wife shall not be punishable as an abettor."

Comments

sam
 - 
Thursday, 27 Sep 2018

Ohhh....whats going on in india under name of democracy....

Ramprasad
 - 
Thursday, 27 Sep 2018

Strange. SC promoting adultery

Unknown
 - 
Thursday, 27 Sep 2018

Soon rape will be legalised.. 

Kumar
 - 
Thursday, 27 Sep 2018

No need of marriages and SC should legalise pornography. Should start pornography industry (just like other film industry) in India like US. 

Danish
 - 
Thursday, 27 Sep 2018

Rubbish. What is the point in marriage

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News Network
May 17,2020

Bengaluru, May 17: A group of 86 college students, who went to Malaysia for internship and have been stranded due to lockdown, have appealed to Karnataka Chief Minister B S Yediyurappa to help them return to Karnataka.

The students in the video have also mentioned Union Minister D V Sadananda Gowda and Kolar MP S Muniswamy and stated that States such as Kerala and Tamil Nadu have made arrangements to bring back their natives from South East Asia.

The students added that they are in the Selangor State of Malaysia. They had arrived there on March 13 for a three-month-long internship as part of their college studies. They are living in apartments arranged by their college and money with them is almost spent, their college is extending them support in this regard. They are not in a position to complete the remaining two months of internship due to lock-down in Malaysia.

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News Network
March 30,2020

Bengaluru, Mar 30: The nationwide lockdown has left the state on the brink of a fresh agrarian crisis.

The lack of transport facilities spells doom for ready-to-harvest grapes worth Rs 500-600 crore in Bengaluru Rural, Chikkaballapur and Kolar districts. Unable to find buyers, several farmers have begun dumping their produce into compost pits.

On Sunday, Munishamappa, a farmer in Chikkaballapur, emptied four truckloads of grapes into the pit as buyers didn’t turn up due to the lockdown. “If the grapes wither and fall to the ground, it will affect the soil’s fertility and I will be forced to dispose of them,” he said.

Venkata Krishnappa, Munishamappa’s son, said their 1.5-acre vineyard yielded 25 tonnes of grapes. “Just before the lockdown, 10 tonnes were harvested and delivered to the market. Due to lack of transport, buyers haven’t turned up for the remaining 15 tonnes which we are dumping into the pit.”

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Anjaneya Reddy, a farmer leader, said that in Chikkaballapur alone, they have cultivated grapes on 2,000 acres. “Even if you consider 15 tonnes per acre as yield, there are about 30,000 tonnes ready to be harvested in the district. At a market rate of Rs 50 to Rs 60 per kilogram, the net worth will be Rs 200 crore to Rs 300 crore. And if you consider the crop in Kolar and Bengaluru Rural, grapes worth Rs 500 to Rs 600 crore are at stake,” he explained.

The ‘Dilkush’ grapes is the most preferred variety of domestic consumption, according to the farmers.

This apart, farmers would have invested about Rs 3 lakh to 4 lakh per acre on fertilisers, pesticide and labour. “With markets being shut and no of the transport facilities available, farmers are forced to dump their produce into pits. It is high time the government intervened and provided us with market options so that farmers can sell at an affordable price of Rs 30 to 40,” Reddy said.

Somu, a farmer in Ganjam village of Srirangapattana, dumped two tonnes of chikku (sapota) citing market shutdown in Mandya. Reddy appealed to the government to emulate the Maharashtra model where the government is helping farmers market fruits through Hopcoms or dairy units as nutrient supplements to people.

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coastaldigest.com news network
February 25,2020

Mangaluru, Feb 25: The coastal city of Mangaluru today witnessed yet another major agitation against infamous CAA, NPR and NRC with large number of people gathering at Kudroli’s Tipu Sultan Garden to register their protest against union government’s racist policies.

Addressing the gathering activist B R Bhaskar Prasad said, he knows the RSS inside out as he was associated with it for a prolonged period.

He said the ultimate aim of RSS is to establish a casteist society in India with the micro-minority community of Brahmins having complete control over all other major communities. 

Lambasting Prime Minister Narendra Modi and Home Minister Amit Shah for constantly harassing people of India through back to back contentious legislations, he said that the duo poised to destroy the country.

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