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
January 28,2020

New Delhi, Jan 28: The Supreme Court of India today granted bail to 17 convicts sentenced to life imprisonment in 2002 Gujarat massacre case, pending their appeal before the Supreme Court.

The convicts also have to participate in social and spiritual services, said the court, announcing the riders for bail.

The Bench of Chief Justice of India SA Bobde and Justices BR Gavai and Surya Kant directed for the convicts to be segregated into two groups to be sent to Indore and Jabalpur.

District legal authorities in Indore and Jabalpur in Madhya Pradesh have been asked to ensure that the convicts do the spiritual and social work the court has asked for.

The Supreme Court has also asked the administration to find them work for livelihood. The state legal services authority has been asked to file a compliance report as also report on their conduct.

The case concerns the mass killing of 33 innocent Muslims - mostly women and children - who were burnt alive at Sardarpura village in March 2002.

This was part of the mass massacre that swept through Gujarat in the aftermath of the death of train passengers on Sabarmati Express in Godhra on Feb 27, 2002. Thousands of innocent Muslims were killed and raped in the three-day violence. The victims include hundreds of children including newborns.

In 2016, the Gujarat High Court had upheld the conviction of 17 accused in the Sardarpura massacre case.

Earlier, a Special SIT court had convicted a total of 31 persons in the case, after three years of trial against 73 persons from Sardarpura and nearby villages.

Comments

Abdul Gaffar Bolar
 - 
Wednesday, 29 Jan 2020

Justice denied.RIP Justice.

 

Indian Soul
 - 
Wednesday, 29 Jan 2020

BJP Boot lickers

 

2000 people including small child and not born child has been killed in gujrath riot...forget about people even GOD also not show mercy on them.

the man who protect the criminal is equal to the man who did the crime.

 

Neshu,Mangalore
 - 
Wednesday, 29 Jan 2020

Justice delayed is Justice denied!!!! Supreme court since last 6 months taking decission not as per Just. please Uphold the Supreme court Honour as its noble institution.as culprit must be punished so has to set example for the wrong doers.

Fairman
 - 
Tuesday, 28 Jan 2020

Wah, the real culprit  who orchestered the complete episode has been PM to commit more such.

This man need to be facing the similar justice system. He knows, this is India, anything can be done.

 

Only these few are punished.

 

We will see the justice is really done as per real justice.

Ham bhee dekhenge

Althaf
 - 
Tuesday, 28 Jan 2020

For the sake of God please do not call them JUSTICE. If they str aware of meaning of word justice then they would have given death penalty to all the culprits. So sad that supreme court of india is running as per the instructions of MODI govt. RIP Justice

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News Network
May 5,2020

Bengaluru, May 5: The Karnataka excise department booked a case against a wine shop owner in this tech city for allegedly selling more liquor than permitted under the law to a buyer on the first day of shops reopening for business after 40-day lockdown on Monday, an official said on Tuesday.

"We have booked a case against licensed shop owner S. Venkatesh for reportedly selling Indian made liquor (IML) and beer to a buyer on Monday more than he is permitted under the Karnataka Excise Act section 36," Bengaluru South Excise Deputy Commissioner A. Giri told media persons.

The alleged sale came to light when the unidentified customer posted in the social media a receipt showing he bought liquor worth Rs 52,841 from Vanilla Spirit Zone in the city''s south-eastern suburb on Monday afternoon.

"Preliminary investigation revealed that 17.4 litres of IML was sold against the permissible limit of 2.3 litres and 35.1 litres of beer against the legal limit of 18.2 litres," Giri said.

Venkatesh, however, told Giri that the buyer paid for the liquor bought by him and seven of his colleagues at the same time from the shop as they entered together.

"We are investigating to ascertain if Venkatesh violated the license conditions by paying for liquor bought by his friends with him at the same time," Giri added.

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News Network
April 26,2020

Davanagere, Apr 26: Amid the national lockdown imposed by the Centre to check the spread of coronavirus, social distancing norms were flouted as BJP MLA from Honnali -- MP Renukacharya -- held a meeting of ASHA workers on Thursday.

The workers were present in large numbers and no distance of at least one metre between the workers was maintained during the meeting.

However, the workers were seen wearing masks at the meeting but violating the norms of social distancing.

Social distancing is one of the measures that can help people avoid contracting the highly contagious coronavirus.

According to the Union Ministry of Health and Family Welfare, Karnataka has a total of 489 positive COVID-19 cases of which, 153 patients have recovered and 18 patients have died due to the deadly virus.

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