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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Business Desk
June 2,2020

The covid-19 lockdown has thrown wedding plans in disarray in coastal Karnataka like all other activities involving a crowd of people. While many people chose to postpone the scheduled and about to be scheduled weddings, some are going ahead with scheduled plans and holding weddings with no more than 50 guests as per the guidelines issued by the government of Karnataka. 

The government may relax the norms and allow participation of more guests in the future. However, holding wedding ceremonies will be a new challenge when people are returning to a ‘new normalcy.’ Compared to the traditional wedding ceremonies of the region, marriages in the time of Covid-19 are expected to be smaller as the organizers have to adhere to the safety protocol and safe distancing norms. Given this situation, to limit risks and ensure safety, families now will have to consider wedding planners to help them celebrate their weddings.

“The postponed weddings will take place in the coming days as the lockdown is being relaxed in a phased manner. However, it won’t be like our traditional weddings. There won’t be 3000 guests.  Government directives will be have followed. We expect change in trend from big fat weddings to a small, close family, picture perfect weddings,” says Sartaj Beary, Managing Partner, Zawaj Weddings and Events.

“Our curetted packages will take care of wedding invitations, outdoor venue, premium catering, bridal make up, mehendi function, photography, videography, décor, thermal scanning systems, hand sanitizers and N 95 masks etc. We hope with our experiences we can offer stress free celebration to the families while we plan everything from scratch as per client requirement,” he assures.

“Ultimately, our society has to adopt an innovative way of marriage. At this point, we can say that any wedding in 2020 will look different as the novel coronavirus has disrupted the weddings everywhere. We know it is a big milestone for families and we at Zawaj are here to assure families that we can help a stress free wedding,” he adds.

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News Network
April 27,2020

Bantwal, Apr 27: Following the meeting at a guest house here, district in-charge Minister Kota Srinivas Poojary instructed the officials to stringently impose the lockdown in the taluka.

He stated that there will be no relaxation and exemptions in Bantwla till May 3 and ASHA workers will be continuing surveying houses in Bantwal Kasba and Narikombu.

Two people have already died from COVID-19 in the taluka and two new cases were reported in the past week.

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coastaldigest.com news network
June 12,2020

Mangaluru, June 12: Juma prayers were held in dozens of mosques across coastal district of Dakshina Kannada including the city of Mangaluru for the first time in nearly three months upholding all the safety norms including physical distancing. 

For the first time in the recent history of Mangaluru, juma prayers were stalled in all the mosques for 11 consecutive weeks as part of nationwide coronavirus lockdown. 

While many mosques were reopened for the congregational prayers in the region on June 8 (Monday) after receiving approval from the government, many others are yet to be opened as Muslim religious leaders are taking additional precautionary measures to prevent the spread of covid-19 apart from following all the guidelines issued by the government.

“Around 400 people participated in the Juma prayer at Zeenat Bakhsh Juma Masjid. All the safety guidelines were followed. Sadaqatul Nadwi delivered the sermon and led the prayers,” S M Rasheed Haji, executive member of the mosque committee told coastaldigest.com.

“As per the guidelines, devotees performed Wudu (ablution) at their homes and also carried their own musalla (prayer mat) to the mosque,” said a Jalaluddin, a cleric who offered Juma prayers in Ullal.  

The guidelines issued by the government to the mosques also include disinfecting the premises at regular intervals, maintaining physical distance, wearing masks and finishing prayers in “minimum permissible time”.

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