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 20,2020

Udupi, Apr 20: Patients from outside the district visiting Udupi for emergency treatment should be in possession of a certificate, issued by the district health officer or taluk health officer, that they do not have any symptoms of Covid-19.

The decision was taken during an expert committee meeting chaired by Udupi Deputy Commissioner Jagadeesha on Sunday.

The Deputy Commissioner said he will send a letter to all Deputy Commissioners in this regard. The patients from other districts will be treated in various hospitals in Udupi, only in case of emergency.

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News Network
March 5,2020

Bengaluru, Mar 5: The Karnataka government has constituted a competent authority for I Monetary Advisory (IMA) cases under the KPIDFE (Karnataka Protection of Interest of Depositors in Financial Establishments) Act, 2004, which is required to call claims from erstwhile depositors of the IMA group of entities under the provisions of the Act, said Harsh Gupta, Special Officer and Competent Authority for IMA cases.

In order to ensure transparency and to avoid harassment to the claimants, an online application software has been developed for accepting claims from the depositors, Gupta stated.

"The claim application can be filed from any of Banglore-1, Karnataka-1 and Seva-Sindhu Kendras of the state government in person or through online. The required documents can be submitted using e-attestation along with claims or at a later date, but prior to the claim settlement. The details of authorities for e-attestation will be informed later," the official stated.

The claimants will have to provide Aadhaar authentication based identification or identification by the designated officer based on alternate documents; current mobile number and address among others.

The details of the draft claim filing process has been put for public feedback on website 'imaclaims.karnataka.gov.in'. The depositors can give their feedback on the website, WhatsApp number or email, Gupta stated.

Based on feedback received from the depositors, the claim process and the claim application software will be finalised, the official said and further informed that the start date for acceptance of claims will be informed through wide publicity at a later date.

"There will be a total time period of 30 days for submission of the claims from the start date of acceptance of claims," Gupta said.

An SIT was investigating the multi-crore IMA Jewels case, where the firm had allegedly cheated a large number of investors after promising them impressive returns on their deposits. The SIT has already arrested several government officials and questioned others including politicians in the matter.

The prime accused and Managing Director of IMA Mohammed Mansoor Khan, who had fled the country after several complaints were registered against him in connection with the scam, has also been arrested.

The state government had constituted an SIT to probe the scam when it first came to light in June earlier this year when more than 4,000 investors trooped outside the showroom after an audio clip purportedly recorded by Khan went viral.

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News Network
February 24,2020

New Delhi, Feb 24: The National Investigation Agency (NIA) is conducting raids at more than 20 locations in Karnataka and Tamil Nadu. The latest raids are being carried out in connection with ISIS conspiracy cases.

More details are currently awaited regarding the cases.

Meanwhile, NIA had on February 15 filed a charge sheet against two Lashkar-e-Toiba (LeT) terrorists before the agency special court, Jammu. The two terrorists are identified as Khalil Ahmad Kayani (34) and Mohammad Nazeem (23), both residents of Haveli Farwad Kahuta district in Pakistan occupied Kashmir (PoK).

The case is related to the arrest of the two accused near Nilkanth Nala, approximately 700 metres inside the Indian side of LoC, in Gulmarg Sector of Baramulla district.

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