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
April 21,2020

Bengaluru, Apr 21: The Karnataka Government may spare its employees from salary cuts this month despite severe resources crunch it faces following steep fall in revenue collection due to the ongoing lockdown to fight the coronavirus, official sources said on Tuesday.

As of now, there is no problem with April salary and we can manage. But if May also turns out to be a wash-out (in terms of revenue collection), then the situation is going to be very tough, a senior Minister said.

Ministers and members of Karnataka Legislature are taking a 30 per cent pay-cut for a year from April 1 this year. Opposition Congress in the state has vehemently opposed any possible move to cut salaries of government employees.

You just cant even imagine, the Chief Minister B S Yediyurappa had told news agency in an interview earlier this month on the economic impact of the lock-down on the state's finances. Yediyurappa had also said that the government is now not in a position to implement Budget proposals, barring important ones, with all kinds of revenue collections having completely stopped following the lockdown.

The government recently said it proposes to regularise unauthorised properties in the state by imposing penalty, and also auction more than 12,000 corner sites belonging to the Bengaluru Development Authority, as part of resource mobilisation drive.

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News Network
May 2,2020

Bengaluru, May 2: Karnataka Pradesh Congress Committee (KPCC) president DK Shivakumar has urged Chief Minister BS Yediyurappa to help the farmers in sending their produce to a market here amid the coronavirus lockdown.

The Congress leader made the appeal to the Chief Minister after listening to the farmers' issues while visiting KR Puram market on Friday.

Farmers told Shivakumar that the police are stopping their vehicles going towards the market despite the order passed by the Centre permitting the movement of vehicles carrying essential commodities during the lockdown.

"I have received calls from more than 100 farmers in the past few days. Every day, farmers from Kolar, Chikballapur, Malur and many other places come to KR Puram market to sell their agricultural goods, but their vehicles are stopped by the police. The cops do not allow them to sell fruits and vegetables. I request the Chief Minister to look into the matter and help the farmers," Shivakumar told reporters.

"I got to know that more than 50 vehicles were sent back. This government is of no use if they cannot secure the interests of the farmers. This government is not providing required support to the farmers," he added.

The Congress leader was accompanied by MLC Narayana Swamy and former president of Hoskote Authority Narayana Gowda during the visit to KR Puram market.

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News Network
April 13,2020

Lucknow, Apr 13: Muslims in Uttar Pradesh are now worried that the intense communal profiling of the Corona patients by the official agencies could lead to lynching incidents once the lockdown is lifted.

Muslim scholar and former SP spokesman, Abdul Hafiz Gandhi, on Monday said, "The manner in which the government agencies are identifying persons belonging to Tablighi Jamaat in the list of Covid-19 patients is now translating into intense communal profiling which has been prohibited by the World Health Organization and the central government. A very small percentage of Muslims subscribe to the Tablighi Jamaat ideology but the impression going around is that the Muslim community, in general, is spreading coronavirus."

He said that there was a strong possibility of Muslims, in general, being attacked after the lockdown is lifted.

"This is exactly what happened on the cow slaughter issue. Even a small rumour led to people being lynched by mobs across the country. Corona is a pandemic and should be treated like one. We should fight against the virus together instead of creating a communal divide. Every day, the government spokesman lays down the number of Corona positive cases and then goes on to say how many of them are from Tablighi Jamaat," he explained.

Amir Haider, a social activist and also a veteran Congress leader, echoed similar sentiments when he said, "We strongly condemn the Tablighi Jamaat for ignoring the protocols and holding the congregation but why is the state government repeatedly harping on the religious angle. Shia and Sunni clerics are repeatedly asking the people to adhere to government guidelines and follow safety protocols.

He said that efforts to create a communal divide on the corona issue could have dangerous ramification after the lockdown is lifted."

A retired IAS officer, who did not wish to be named, said, that people have already started objecting to taking home deliveries from Muslim employees.

"My neighbours refused to take delivery of groceries from a Muslim boy. This is just the beginning of the narrative that is being drilled into the minds. We must check this before it explodes into something very dangerous," he said.

Comments

Wellwisher
 - 
Tuesday, 14 Apr 2020

What ever yogi want to do let him and keep faith on the creator and live fear lessly. Almighty is watching you and your faith.His decision  is vast  and he will protect his believer's always.

 

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