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 1,2020

Palakkad, Jun 1: An 11-month-old boy, whose parents are placed under COVID-19 quarantine, drowned in a bucket of water in Chalissery at Palakkad district.

The toddler Muhammed Nisan was the son of Muhammad Sadiq. The parents of the child are under home quarantine after Sadiq's brother, who is living in the same home was tested positive of COVID-19.

The child was found dead in a bucket of water kept in the bathroom on Saturday around 10 pm.

Chalissery police said that ''further actions will be taken only after the test result comes out. We have filed an unnatural death case on this.''

Since the family has been quarantined, the body of the baby has been shifted to the Thrissur Medical College for COVID-19 testing.

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coastaldigest.com news network
April 13,2020

Mangaluru: The Karnataka-Kerala border closure at Talapady amidst nationwide Covid-19 lockdown has not only prevented the movement of vehicles and people from Kasaragod to Mangaluru but also stopped the supply of life-saving drugs from Karnataka’s medical hub to its bordering district.

Hundreds of people from Kasaragod and Kannur districts who were treated in hospitals of Mangaluru for past several years are still dependent on some of the medicines that are available only in Mangaluru. Such medicines have become inaccessible for Keralites following the border closure. Every day, a number of people from Kerala call their acquaintances in Mangaluru to see if there is a way to get medicine.

In fact, Karnataka government has blocked all 23 roads that connect the state with Kerala. The reason given was, Kasaragod is the hotbed of coronavirus and allowing traffic even in emergency cases might lead to spread of Covid-19 in border districts of Dakshina Kannada, Kodagu and Mysuru. The attitude has resulted in the death of around a dozen people in Kasaragod district in last couple of weeks.

Even after the intervention of the Supreme Court a few days ago, the authorities in Karnataka are facing the allegation of being hostile either by blocking the way ahead or turning a deaf ear to the patients reaching their border. 

At this juncture, three Good Samaritans – P K G Anoop Kumar of Canara Engineering College, Mangaluru, Satheesh Shetty of Kasaragod Patla and P Jayaprakash of Ponnangala – have come to the aid of the Malayalee patients who are dependent on medicines from Mangaluru. 

The three activists who are currently staying (in fact stranded amidst lockdown) in Mangaluru, are delivering life-saving medicines to patients in Kerala through Kerala fire servicemen and policemen posted at the Talapady border. 

Anoop Kumar says that took the initiative after a woman, Maria Augustine from Chemberi (Taliparamba) Nellikkutty, contacted him for a medicine. He managed to buy it from a medical store in the port city and handed it over to a Kerala fire serviceman at Talapady border. 

All three are activists of Communist Party of India (Marxist). After moving to Mangaluru, they set up ‘We Donate Charitable Society’ to donate blood. The activists say that they are ready to dispatch medicines from Mangaluru to any person in Kerala. Those Keralites who are in need of medicines from may contact: 888471344 - Anoop, 9895135881 - Jayaprakash

Comments

abdullah
 - 
Sunday, 21 Jun 2020

Salute to you dears.  May God bless you.  HOpe public and Govt will appreciate your sacrifice and support you.

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News Network
January 31,2020

Bidar, Jan 31: In a disturbing development, the police have arrested two women – a schoolteacher and mother of two students – in connection with staging a play against the Citizenship Amendment Act and National Register of Citizens at a prestigious school in Karnataka’s Bidar.

The arrested have been identified as Farida Begum, headmistress of Shaheen Urdu Medium Primary School, and Navida, the mother of a student who played a role in the play.

The development comes days after police filed a sedition case against the management of Shaheen School following a complaint lodged by the ABVP claiming that play contained objectionable dialogues against Prime Minister Narendra Modi. The drama was performed during an annual function of the school on January 21.

Bidar SP Sreedhara T confirmed the arrest of Farida Begum and Navida, and said the accused were remanded to judicial custody on Thursday.

Sreedhara said that based on the complaint by one Neelesh Rakshal, the police filed an FIR under sedition charges, initially against the headmistress and management of the school on Saturday. He said that the police have questioned about 50 people, including the members of the management committee of Shaheen Urdu Medium Primary School, staff of the school, audience, parents and students. Based on the statements and evidence, the headmistress and the parent have been arrested.

The SP said that as per the statements and evidence collected, they came to know that the headmistress played a major role in organising the controversial play. The students practised the drama for a week and the headmistress knew about its script containing controversial dialogues against the Prime Minister and senior BJP leaders.

Considering this, she has been booked for creating communal disharmony and abetting sections. The SP said that when a dialogue of slapping the Prime Minister was said on the stage, Navida gave her chappals to the child, to be used while saying the dialogue. She has been arrested for abetting.

Expressing shock over sedition case and arrests, Dr Abdul Qadeer, the chairman of Shaheen Group of Institutions, said that the school management would fight out legally.

About Shaheen Group

Founded by Dr Abdul Qadeer, Shaheen Group has spread its wings through nine states of India and runs 43 institutions and related units. It has also been running a unique course for Huffaz named as ‘Hifz Ul Quran Plus’ in which Huffaz are prepared to appear and excel in competitive exams (NEET-JEE(IIT)).

According to Dr Qadeer, Shaheen’s mission is to engage, educate and empower wards, equipping them with strengths to enter the world of opportunities through free education across various domains in state- owned academic centers of excellence.

The group also runs coaching centers for medical and engineering entrance examinations. So far 1,200 students from the Shaheen Group of institutions got seats in government medical colleges, he said.

‘Hifz Ul Quran Plus’ course was for huffaz between 12 and 17 years. A four-year integrated course is conducted for Huffaz-E-Karam for getting students modern education. By pursuing this course and by appearing in competitive exams (NEET-IIT JEE), Huffaz will be able to get admission into MBBS, BE, & MBA, he said.

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