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
June 15,2020

Bengaluru, Jun 15: As the central government has not allowed reopening of gyms in the country amid COVID-19 pandemic, many gymnasiums in Bengaluru are on the verge of closing or sale.

Rakshith Gowda, a gym owner and secretary of gym owners association told ANI that they are not even able to pay rent of the premises which is Rs 60,000 to 1 lakh per month.

"The condition of the owners of the gym have worsened. We have to pay a minimum of Rs 60,000 - 100,000 rent of the building and for past 4 months we couldn't pay the rent, salary to trainers and cleaners, EMI," Gowda said.

"I urge the government to take necessary steps to bring up the gym sector as they have allowed opening up of shops, temples, malls. We urge the government to take proper steps in the interest of gyms," added Gowda.

Mahesh, a gymer said that he had to participate in a competition and due to lockdown he could not work on his bodybuilding.

"I was building my body for one year and due to lockdown I couldn't do the workout, I had to take part in a competition, now I need at least another one year to build my body back," Mahesh said.

Prasad, international bodybuilder said, "Most of the bodybuilders and gym owners are running gyms by taking loans, they are not in the situation to pay their loan EMIs."

"It's very important for us to reopen gyms and run them with all precautions and guidelines but the government is not allowing us to pay our loans and many gym owners and trainers are facing a tough time to earn living. We have requested Deputy Chief Minister Govind Karjol and cabinet ministers to allow us to open, but the government hasn't taken the decision in the interest of gyms which is creating more problems for us," Prasad said.

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News Network
July 7,2020

Mangaluru, Jul 7: The residents of Bangle Gudde, Mathadagudde area in Gurupura Gram Panchayat in Dakshina Kannada district of Karnataka, where two teen aged children were buried alive, were shifted to safer places.

District officials said on Tuesday that the residents have been provided temporary shelter in Gurpur school, PU college, and hostels, while few others were shifted to Ashraya centers. Total 40 houses out of 180 houses in this area located in the red zone were damaged due to heavy rain.

If the residents want to stay in the rented house, the revenue department is ready to pay a sum of Rs 2,500 towards rent, official sources said.

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coastaldigest.com news network
February 7,2020

Newsroom, Feb 7: Prime Minister Narendra Modi’s recent statement that there is no detention camp in India is no more a lie. That doesn’t mean that there are no detention camps in the country, but the name of the camps have changed. 

In December, at a mega rally at Ramlila Maidan, meant to launch the BJP's campaign for the assembly elections in Delhi, Mr Modi had stated: “The rumour of detention centres being spread by the Congress and urban Naxals is totally false. This is being done with a bad intention to destroy the country, it’s filled with evil motives; this is a lie, lie, lie.” He had further claimed: “Neither are any of the country’s Muslims being sent to detention centres nor is there any detention centre in India”

In reality there are at least six detention camps in jails in Assam to house foreigners found staying in India illegally. A month prior to PM’s statement, Union minister of the state for home affairs Nityanand Rai had revealed that the six camps in Assam housed 1,043 foreigners — 1,025 Bangladeshis and 18 Myanmarese. Apart from these, at least ten new detention centres are coming up.

Outside Assam too, the Maharashtra government, under the then chief minister Devendra Fadnavis, had identified land for the state’s first detention centre for illegal immigrants.

Besides, in a case relating to illegal immigrants in Karnataka High Court in November this year, the Centre had told the court that it had written to all state governments in 2014 and sent a follow-up letter in 2018 to have detention centres to house foreign nationals illegally staying in India.

Karnataka’s first detention centre, apparently meant to lodge illegal immigrants and migrants overstaying in the country, is already open in Sondekoppa village on the outskirts of Bengaluru. The facility with several rooms, a kitchen and toilets has been kept ready on the directions of the government. 

Meanwhile, Union Minister of state for home Nityanand Rai has told the Lok Sabha that the name "detention centre" has now been changed to "holding centre".

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