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
January 26,2020

Newsroom, Jan 26: An Indian Muslim youth who had applied for a job in Dubai has been left aghast after his prospective employer, who happens to be an Indian, mailed back chiding him for looking for work and suggested that he should make a living (sic) by joining anti-CAA protestors in Shaheen Bagh in New Delhi.

Shaheen Bagh is the epicentre of ongoing mass demonstrations against contentious Citizenship Amendment Act.

Abdulla S.S, a 23-year-old youth from Kerala, who had applied for a mechanical engineer’s position in Dubai said he is still reeling from the shock of the email he got from UAE-based Indian expat Jayant Gokhale in response to his job application last week.

Hostile response 

“Just a thought. Why u need a job? Go to Delhi and sit in Shaheen Bagh for protest. Every day you will get Rs 1000. Free food i.e Biryani, Unlimited amount of Tea and Milk, some time sweets also,” Gokhale said in the email which has since gone viral.

Scores have shared the email on social media seeking action against Gokhale who runs a consultancy in Dubai. Many said the email is offensive on two counts. First, it ridicules and discriminates a job seeker on the basis of his religious identity and, second, it undermines the credibility of Shaheen Bagh protestors by suggesting that they are being paid to sit in.

Abdullah said he’s sad and appalled. “I shared Mr Gokhale’s email with some friends. Who would have thought it would go viral. I don’t want any controversy. All I want is a job,” he was quoted as saying.

Gokhale apologises

“I am suffering from ill-health and undergoing dialysis. My email is being blown out of proportion. I didn’t mean what I wrote,” Gokhale was quoted as saying by a Gulf based newspaper. 

“My message to candidate was not intended to hurt anyone in any manner or discriminate. I have already sent apology message to the concerned person [Abdullah],” he said in the email reproduced here ad verbum. “I very much value UAE’s outlook, policies and culture. I do not in anyway like to go against values of UAE. In fact I am very thankful to UAE for looking after my health,” he added.

Comments

Vincent
 - 
Wednesday, 29 Jan 2020

This hate monster is commenting as if his Father and God Father are financing the people agitating agaisnt CAA/NCR.    How about the bjp candidates who are distributing money among voters.   Video is viral showing ladiest from bjp distributing cash to people for voting bjp in delhi election.   EC should take note of this and ban bjp from contesting as its against our constitution.   bjp is doing everythign agaisnt constitution and labels others as anti indians.   bjp nhever honours or accept indian constitution.   CAA is the proof for it.   CAA is 100 perent agaisnt our constitution.   Shame on you bjp.    We should unite and make bjp lose all the seats. 

SHAKUR
 - 
Wednesday, 29 Jan 2020

put him in UAE jail to get free biriyani

Jayant Gokhale
 - 
Tuesday, 28 Jan 2020

It is no wonder that this character is undergoing Dialysis. With the hate mentality that he is carrying, it is not wonder that GOD has given him punishment in the form of non-functional kidney. His apology is fake, the moment he lands in Mubai, he wil wag his tale again in his pathological hate for Muslims while licking mUslim shit.

shakeel
 - 
Tuesday, 28 Jan 2020

i appeal UAE govt to gave him severe punishment and sent him back with life ban to uae ...

Gaggle
 - 
Monday, 27 Jan 2020

HYpocricy is one thing common among all RSS terrorists 

Indian Soul
 - 
Monday, 27 Jan 2020

RSS Gokhale..sitting in muslim country, eating muslim money, cleaning muslim shit and talk about discrimination...after that he apologises..

 

he says that he he is suffering from dialysis...why he hate muslim people and the people who protest the anti nation BJP party.

 

if his heart is clean GOD will defenitly give him good life till his death...look at LK advani now..the man who mastermind in demolishing baber masjid now wher he is...GOD humiliate him every minuite in all aspect..GOD knows how he is going to die...

 

so love human who ever it is...hindu, muslim chist, jain, sikh etc..

 

all are the creation of one GOD..help each other and be happy..

sumi
 - 
Monday, 27 Jan 2020

this type of people is very shrewed - follow RSS teaching - eating muslim nations food and blame them only.when tough time comes, start to beg again... he is one of them.. currupt mind blind bhakt.. just imagine if was not in UAE he would not even says sorry....i condemn his statement

 

 

Suresh SS
 - 
Monday, 27 Jan 2020

It is really a Shameful comments of Kokhle, very bad to have such kind of people in the society, people should understand and bycot his business and seize his license.

Abdul Gaffar Bolar
 - 
Monday, 27 Jan 2020

I believe the UAE will adhere to its rules and regulations to everyone. Should take strict action and put him under in Jail. Take a huge penalty from him.

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News Network
June 28,2020

Mangaluru, Jun 28: In an attempt to curb fast spreading Coronavirus and to bring discipline among the public to follow the guidelines and also as it was found difficult to control the visitors, the City Corporation Mayor Diwakar has ordered closure of the office for one week with immediate effect from Monday.

Public will be banned from entering the MCC building for a period of one week from Monday, he said.

In a circular the Mayor has requested the public to co-operate and help the administration to contain the spread of the coronavirus.

However, a help desk will be set up outside the MCC building where people can submit their applications and requests.

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News Network
June 15,2020

Mangaluru, Jun 15: An Indian Army soldier hailing from Belthangady died in Mathura, Uttar Pradesh after he suffered a heart attack.

The deceased is identified as Sandesh Shetty (34), a resident of Barya. He was serving Indian Army for the last 14 years.

As per sources, Sandesh had resumed duties a week ago after returning from vacation. He was deployed at a quarantine center at Mathura and suffered a heart attack there.

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