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 21,2020

Bengaluru, Mar 21: The news and public relations department, the Indian Red Cross Society and the Karnataka State Labour Studies Institute have invited volunteers for the programme to provide real-time information to people to avoid spreading rumours and misinformation about coronavirus.

This is an opportunity to join hands with the Karnataka government and fight coronavirus. These volunteers will be known as the "Corona Warriors", who will be entrusted with the job of monitoring social media sites to check rumours that are being spread across all taluks in the state. They will also take steps to provide proper information.

Applications are already being shared online and registered volunteers will be provided with appropriate training, security kits and identification cards at all district offices of the Department of Information and Public Relations.

At least four volunteers will work in four shifts per day in each taluk of the state. There are about 120 volunteers in Bengaluru city and about 3,000 Corona Warriors are expected to register from across the state. Over 400 volunteers have registered via online application on the first day.

Fifteen people have tested positive for COVID-19 in the state, said Karnataka Health Minister B Sriramulu on Friday.

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News Network
April 22,2020

Mangaluru, Apr 22: Dakshina Karnataka District in-charge Minister Kota Srinivas Poojary on Wednesday warned of invoking Goonda Act against those who attack doctors, police or ASHA workers who are involved in the fight against the Covid-19 pandemic.

Addressing a function arranged to distribute food kits to journalists on behalf of SCDCC Bank at the Patrika Bhavan on Wednesday, the Minister said the authorities have been instructed to initiate action without any hesitation against anyone who tries to attack Corona warriors.

It has been observed across the state the incidents of attack and assault on ASHA workers, police and civic workers are increasing hence it was felt the need for severe actions against such elements , he added.

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News Network
July 9,2020

Bengaluru, Jul 9: Bringing to the fore the dangers frontline workers face in combating the deadly coronavirus, 395 policemen have tested positive for the infection since the outbreak of the pandemic in Bengaluru. This includes five deaths, Inspector General of Police and Additional Commissioner of Police (Administration) Hemant Nimbalkar told media persons.

He said as of Thursday, 190 have been cured while 200 are under treatment. Twenty police stations have been sealed, he added.

He claimed the Bengaluru police has suffered the most compared to any department, organisation or institution because the force is deployed in the field and dealing with the situation.

The infection among police is highest despite training being given to them on how to protect themselves from the coronavirus.

According to him, every morning duty charter is given to the police personnel where they are told how to avoid getting the infection and handle the situation if they find symptoms of coronavirus.

"Despite taking all the precautions, infection in our department is high because we are the ones who are on the road.

We are meeting hundreds of people whom we don't know, whether they are Covid infected or not," Nimbalkar said.

Along with the policemen, their families too are at risk of contracting the virus.

An assistant sub-inspector at VV Puram police station was the first casualty in the Bengaluru police on June 13.

A heart patient, who was on leave due to ill health, he collapsed at home and died.

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