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 25,2020

Mangaluru, Apr 25: The Mangalore Refinery and Petrochemicals Limited (MRPL) has extended vital assistance to hundreds of migrant workers, destitute and needy families during the COVID-19 crisis through its CSR fund.

The lockdown has left thousands of people including migrant workers and destitute in the district, in the lurch. MRPL, using its corporate social responsibility fund through the Dakshina Kannada district administration, has sponsored 50,000 kg rice for the benefit of these needy citizens, a company release here said.

MRPL also donated grocery kits comprising boiled rice, dal, rava, sugar and tea to the needy families in the district, it said.

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News Network
February 12,2020

Mangaluru, Feb 12: More than 7,000 people at Mangalore International Airport (MIA) and over 1,000 at the New Mangalore Port (NMP) have undergone thermal screening for the novel coronavirus in the past few days, a taluk health official said on Wednesday.

A few more ships are scheduled to arrive at the port and all precautionary measures to check the ship’s passengers and crew are ready, he said.

Soon after a positive case of deadly pathogen surfaced in Kerala, the district health officials here actively started monitoring all entry points in the bordering district. 

Apart from Mangaluru, there is bus connectivity to Puttur, Sullia, Bantwal, Dharmasthala and Subrahmanya from Kerala. More than eight to 10 trains arrive at Mangaluru daily from Kerala.

Hence, it is impossible to take up screening of all the vehicles arriving from Kerala, sources in District Health and Family Welfare said.

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News Network
February 7,2020

Bengaluru, Feb 7: The Bruhat Bengaluru Mahanagara Palike (BBMP) ordered the destruction of a tilted building in the city after evacuating about 150 people from 35 families in the vicinity, an official said on Thursday.

"The top portion of the building has been destroyed 70 per cent today (Thursday). Later, the destruction contractor will allow machines to be used," Bruhat Bengaluru Mahanagara Palike (BBMP) Yelahanka joint commissioner Ashok said.

Located on Vinayaknagar Street in Hebbal's Kempapura, the five-storey building being used as a hostel for boys got tilted on Wednesday morning, spreading panic in the neighbourhood.

Though the tilted building owned by one Rahul, a jeweller, was a sound structure, Ashok said a neighbour, Babu, hired a JCB excavator to dig deep beside the affected structure to build his own structure.

"Babu not only dug very deep but also damaged the foundation pillar of the tilted building, weakening the structure and leading to its slant," said Ashok.

Babu has been booked and arrested even as the police are on the look-out for the JCB owner and operator.

The titled building erected five floors unauthorisedly and falls into the B Khata category. It was constructed without the civic body's plan, said Ashok. 

A Khata and B Khata denote the two types of khatas that exist under BBMP. Khata is a document which shows a property owner having an account with the municipality to pay taxes. An A Khata denotes that the building owner has paid relevant property taxes and that the building conforms to building bylaws and government rules. A B Khata denotes that the building is in violation of government regulations regarding properties in Bengaluru, even when the civic charges for the property have been cleared by the owner.

"As per procedure, we issue notice, but such constructions are rampant in the city. Under the BBMP jurisdiction, there are 15 lakh B Khata structures," said Ashok.

For all B Khata sites, the civic body does not give any plan and there is no proper control on them, he said.

Ashok said the case to regularise the B Khata buildings to A Khata buildings is currently pending in the Supreme Court.

Luckily, no injury or loss of life has been reported from the tilted building.

The civic body arranged alternative accommodation for the affected families, but most of them chose to stay with their relatives, said Ashok.

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