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
March 23,2020

Bengaluru, Mar 23: Film producer, philanthropist and entrepreneur V K Mohan committed suicide by hanging himself in a hotel in the city on Monday, police said.

Mohan, who hailed from Kundapur Taluk, Udupi District, was a famous film producer and hotelier.

According to police, Mohan arrived at the hotel on Sunday night and when he did not open the door of his room on Monday, hotel staffs, grew suspicious and peeped through the room window, found him hanging.

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coastaldigest.com news network
July 3,2020

Brahmavar, Jul 3: Two friends drowned accidentally in a rivulet while catching fish near Barkur in Brahmavar taluk of Udupi district today.  

The deceased have been identified as Karthik (20), a final year B.Com student, and Harsha (26), who was working as a recovery agent for a local finance company. Both were local residents. 

The incident took place around 8 a.m. when they were trying to catch fish. Even though a few locals were there on the spot they could not save the duo as the water level has increased in the rivulet due to rains. After an hour the bodies were fished out. 

A case was registered at Brahmavar police station and investigations are on.

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News Network
February 27,2020

Bengaluru, Feb 27: Chief minister BS Yediyurappa has again kindled hope for several ministerial aspirants by suggesting he will expand his council of ministers in April. A dozen senior BJP legislators are aspiring for ministerial berths, but there are only six vacancies in Yediyurappa’s cabinet.

However, Yediyurappa suggested on Tuesday he will fill only three spots, one of which would go to Hukkeri legislator Umesh Katti. With this, lobbying has intensified for the two remaining berths as the expansion exercise is expected soon after the budget session that ends on March 29.

The aspirants include Murugesh Nirani, S Angara, Appachhu Ranjan, SA Ramdas, Aravind Limbavali, Narasimha Nayak and GH Thippareddy besides others.

Yediyurappa, it is being said, is keen on inducting Katti and Limbavali since they are close to him. He will leave the decision on choosing legislators for the remaining two berths to the party’s central leadership.

On more than one occasion in the past, Yediyurappa has publicly stated that his wish is to induct Katti, a former minister, into the cabinet. In fact, the CM had wanted to induct Katti in the previous expansion that took place last month, but dropped the idea at the last minute due to pressure from party bosses.

The CM is also under pressure to induct Athani legislator Mahesh Kumatalli, who was among 17 Congress-JD(S) MLAs who resigned to help the saffron party form the government. Several BJP MLAs and Lingayat seers have been piling pressure on Yediyurappa to make Kumatalli a minister as promised.

Kumatalli was denied a cabinet berth only to accommodate Katti. Both are Lingayats and from Belagavi district. As the Lingayat community already has a lion’s share in cabinet berths, the CM cannot afford to induct both.

Nirani, who has been leaving no stone unturned to secure a spot, reiterated his wish to become minister, but insisted he will not lobby for the post.

Yediyurappa has been upset with Nirani for lobbying for a berth through Panchamasali Mutt seer Vachananand Swami. The former minister was also part of the team of alleged disgruntled MLAs which met Jagadish Shettar at his residence to put pressure on the CM for cabinet berths.

However, while expressing confidence of being made minister when Yediyurappa’s expands his cabinet next, Nirani said, “Yediyurappa is not upset with me. My relationship with him is that of father and son. He knows me and what I am.”

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