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
March 15,2020

Bengaluru, Mar 15: The Karnataka government has intensified screening all international passengers at airports by classifying them into three risk categories.

Passengers, who are symptomatic on arrival fall under risk category 1, those aged above 60 and have Symptoms fall under category 2. Those who fall in both these categories are being quarantined at designated facilities for 14 days from arrival.

Asymptomatic passengers arriving from any of the COVID-19 affected countries will fall under category 3 and will be advised to be under strict home quarantine for 14 days, Medical Education Minister Dr K Sudhakar said here on Sunday.

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News Network
April 7,2020

Bengaluru, Apr 7: The Karnataka Government indicated today that it is too early to take a call now on lifting the nation-wide lockdown but said it’s in favour of its extension in COVID-19 hotspots in the country by at least an additional two weeks.

“We need to see for another few days before taking final call,” Medical Education Minister Sudhakar K, who is in-charge of all matters related to COVID-19, told news agency Press Trust of India when asked if the State is in favour of the rollback after the 21-day period ends on April 14.

The minister opined that the decision on its withdrawal should be based on the COVID-19 pandemic situation at the time in terms of number of cases and response to the outbreak.

When the lockdown is lifted, it has to be in a staggered and phased manner, and not at one go, Mr Sudhakar stressed.

“Where there are red alerts and zones, those zones, in my opinion, should continue to be in a lockdown situation at least for two weeks…till this month-end, I will request them (the Centre) to do this,” he said.

The Telananga Chief Minister K Chandrasekhar Rao on Monday appealed to the Prime Minister Narendra Modi to extend the 21-day national lockdown imposed to contain COVID-19 outbreak beyond April 14, saying it was essential to save lives.

Mr Sudhakar said the Karnataka government is facing financial challenges because of drastic fall in revenues due to the lockdown, adding, it would take “tough decisions” to cut expenditure.

The Finance Department is in the process of evaluating the state’s fiscal position.

“Finance department is gathering information…what is the need now, what should be the overall expenditure, how much we can save; financial support for unorganised and organised sector, along with stimulus to other sectors, we have to see where we stand financially,” the minister said.

“Based on that, we have to take certain steps for sure because after all the government runs on the exchequer money. Once the exchequer is stopped because of lockdown, we are not getting GST, no motor vehicle tax. No tax money is coming.”

Government also has to run right? he said.

He said commitment and obligations with regard to paying interest on loans taken at the national and international level would have to be met.

“So, there are some financial constraints, and financial challenges before the government. The Government will take tough decisions only after studying the entire finance (position of the State).”

The Telangana government last week announced pay cut for government employees.

The Union Cabinet on Monday approved a 30 per cent cut in salaries of all Members of Parliament and a two-year suspension of the MP Local Area Development (MPLAD) scheme.

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News Network
April 16,2020

Bengaluru, Apr 16: Former chief minister HD Kumaraswamy had said that his son Nikhil's marriage ceremony will take place at bride Revati's residence in Bengaluru, however, the wedding preparations are also going on in his farmhouse at Ramnagar.

This comes amid the lockdown in the country due to COVID-19 outbreak. The farmhouse is located at Kethaganahally, near Bidadi in Ramnagar.

Kumaraswamy has said the marriage will be simple and only his family members will attend and no one from outside would be invited.

Earlier Kumaraswamy has said that his son's marriage will take place on April 17 at bride house.

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