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 17,2020

Bengaluru, Jan 17: Six persons, said to be supporters of Social Democratic Party of India, have been arrested in connection alleged attempt to murder a member of RSS in Bengaluru.

Varun Bhopala (34), a resident of Sarakki in JP Nagar, was attacked while he was on his way to his father's shop near JC Road after attending a pro-CAA event organised by the RSS and other Hindutva organisations on December 22, 2019.

Police commissioner Bhaskar Rao said the arrested are Irfan alias Mohammed Irfan (33), Syed Akbar alias Mechanic Akbar (46), Syed Siddiq Akbar (30), Akbar Basha (27), Sanaulla Sharif (28) and Sadiq UL Ameen (39) - all residents of KG Halli in East and North Bengaluru.

Rao said the arrested wanted to attack and kill the leaders who took part in the pro-CAA event. They initially pelted seven stones to scatter the crowd so that they can attack the leaders, but they failed. Later, they saw Varun walking out of the crowd wearing a saffron shirt. So the arrested followed him and attacked him with lethal weapons. Assuming he is dead, the gang fled on their bikes towards Bidadi.

''The SDPI activists were funded by their leaders to create a disturbance, kill Hindu organisation leaders,'' Rao said. "I have formed a special team to investigate in-depth about the SDPI activities and take necessary action,'' he added.

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News Network
February 5,2020

Chennai, Feb 5: In order to ensure housing for all, the Madras High Court has proposed ban on non-resident Indians from purchasing houses in India, prohibit speculative sale, and impose 100 per cent extra stamp duty on purchase of second house.

The court on its own impleaded the Union housing and finance ministries as party respondents.

It has directed them to answer a series of questions including as to how many families have basic amenity of housing in India as well as in Tamil Nadu, population and housing ratio in the country and in the state, when 'Housing for All' mission of the central government would be achieved.

"Why the government does not consider imposing such restrictions to control escalation of house prices and to provide a house to every family in the country, a division bench of Justice N Kirubakaran and Justice Abdul Quddhose wondered.

Directing the authorities to inform as to whether the central and state have got special schemes to provide housing for the marginalized and economically weaker sections including SC/ST communities, the bench has also sought the details of the number of families that possess more than one house.

"Why the governments do not restrict families/individuals from purchasing/possessing more than one housing unit/flat/plot till "Housing for all" is achieved?

Why not the government charge 100 per cent more or extra stamp duty to discourage buying more than one house by a family while purchasing second house?

Why not the government conditionally allow the families to purchase more than one house provided the said family pays 100 per cent extra statutory dues like property tax, electricity charges, water and sewerage charges on the second property?" the bench said.

This apart, the court also wanted the authorities to know as to why it should not prohibit the NRIs from purchasing houses in India to bring down the cost of housing.

Justifying its directions, the court said "Lakhs and lakhs of people are living on platforms, roads, and cement pipes, slums, under the trees and on banks of water bodies without proper shelter and basic amenities and safety."

It is true that the Centre had taken a policy decision to provide housing unit to every family.

It should be achieved at the earliest, the court said, adding it could become fruitful when restrictions are put on persons who hold more than one housing units.

The court passed the order while hearing an appeal moved by the Tamil Nadu Housing Board challenging a single judge order against acquisition of about 369 acres of private land in Thudiyalur and Vellakinar areas of Coimbatore for a housing scheme.

Comments

Suresh SS
 - 
Wednesday, 5 Feb 2020

We believed that only Indian Govt. ministers, MP and MLAs has this disease, now it is spreading everywhere even Indian High courts. it is certainly very harmful virus  

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News Network
January 28,2020

Mysuru, Jan 28: The Second Additional District and Sessions Court on Monday granted anticipatory bail to B Nalini, who displayed the ‘Free Kashmir’ placard during a protest, and also to Maridevaiah, the organiser of the protest.

Nalini and Maridevaiah had applied for bail as Jayalakshmipuram police had booked them under sedition charges. Nalini had displayed the placard during a protest at Manasagangotri, the University of Mysore campus, recently. The court, which took up the case on January 24, had kept the order pending.

The court directed the accused to submit their passport to the court and a bond for a sum of Rs 50,000. The court also directed them to be present before the police, whenever needed.

Meanwhile, the Mysuru Bar Association has decided to take measures against the association members who are in favour of Nalini. Seventy-five members, seeking to represent Nalini, have withdrawn their support, the association secretary B Shivanna said. The association has suspended advocates Manjula Manasa and P P Baburaj.

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