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
February 18,2020

Bengaluru, Feb 18: A 26-year-old Kannada singer committed suicide over alleged dowry harassment on Monday. Sushmitha, a playback singer who got married to Sharath Kumar about one-and-a-half years ago, hung herself from the ceiling at her parent's home in Nagarabhavi, Bengaluru on Monday.

The singer sent a Whatsapp to her brother and mother before hanging herself early morning on Monday. She accused her husband and his relatives of dowry harassment in her death note.

According to Bengaluru Police, the singer has accused her husband, his sister and his aunt of harassing her for dowry in her death note. On Monday morning, Sushmitha's brother alerted the police after he found her dead body hanging from the ceiling. She used her dupatta to hang herself.

Sushmitha had lent her voice for Kannada songs in films like Haalu Thuppa and Srisamanya.

Police informed that Sushmitha sent a Whatsapp message to her brother, Sachin, at around 1 am on Sunday and explained that her husband Sharath and her relatives have been harassing her since the time she got married. Sachin read the message at around 5:30am and rushed to her room where he found her hanging from the ceiling.

In the text message, Sushmitha wrote that her husband, Sharath, his sister, Geetha, and his aunt, Vydehi, harassed her and they were the reason behind her ending her life. She also stated that she did not want to end her life in their house and hence came to her parents’ house.

The Annapoorneshwari Nagar police have registered a case of dowry death, charging her husband and his sister and aunt based on complaint filed by Sushmitha’s mother Meenakshi. The three accused are on run after hearing about her death and police said that efforts are on to trace them.

Sushmitha's husband Sharath Kumar is a manager in a car showroom and a resident of KS Nagar in Bengaluru.

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News Network
January 1,2020

Kalaburagi, Jan 1: Fighting penury and partial blindness in one eye, a 39-year-old part-time Kannada lecturer from Kalaburagi district is set to become a commercial tax officer after cracking the Karnataka Administrative Services.

Ambadas Kamble, from Kotana Hipparaga village in Aland taluk, had to take a three-year gap during his school and college years - one-year break after completing Class VII and two years to clear subjects after he failed in II PU examinations. During those three years, he joined his brothers in masonry work to supplement the family's income.

Sweeping aside all hurdles with grit and determination, Ambadas studied Kannada literature for both undergraduate and postgraduate to land the post of a part-time lecturer in a Kalaburagi college. His father died when he was a child, and mother Chandamma supported her family of six - besides, Ambadas, she has two sons and two daughters - by working in houses in the neighbourhood.

Ambadas said he would like to dedicate his success to his mother, who died in the year 2012. "My mother encouraged me to chase my dream - financial difficulties notwithstanding - and allowed me to spend time in the library when my siblings were busy doing menial jobs to fund my education. I'm grateful to my brothers too," he said.

His two brothers are working as masons in Mumbai, having quit studies midway and deciding to support Ambadas - the first in the family to complete graduation. He did high school at Tadkal village in Aland taluk, and college in Kalaburagi.

The lecturer, who's 40% blind in the right eye, cracked the KAS examinations in his third attempt and stood 706th in the state. He has been selected for first-grade officer's post. Alongside, he's doing PhD in Kannada literature.

When his efforts finally paid off, Ambadas landed four job offers: Hostel warden at Morarji Desai hostel, at an SC/ST hostel, post of a lecturer and the tax officer's post. He picked the fourth to serve the state in right earnest.

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News Network
June 15,2020

Thiruvananthapuram, Jun 15: Kerala Chief Minister Pinarayi Vijayan''s daughter Veena married top DYFI All India president Mohammed Riaz at the chief minister''s official residence in the presence of selected guests.

Riaz and Veena became husband and wife at a solemn function held under Covid protocols with not more than 50 people present.

This was the second marriage for both, as their first ones ended in divorce.

Riaz has two children, while Veena has a son from their respective previous marriages.

Riaz is a lawyer by profession and had contested the Kozhikode Lok Sabha seat in 2009 but lost to the Congress'' M.K.Raghavan.

Veena runs her own software company in Bengaluru.

While the marriage has already been registered recently, the wedding event was a closed door affair, with just very close relatives of the couple besides a few senior party colleagues of Vijayan.

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