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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coastaldigest.com news network
July 10,2020

Mangaluru, Jul 10: A 58-year-old official of the Central Industrial Security Force (CISF) has died due to the coronavirus infection, taking the death toll in the paramilitary force because of the disease to nine, officials said on Friday.

Assistant Sub Inspector K B Premsha, posted in the CISF unit that guards the Mangalore Refinery and Petrochemicals Ltd (MRPL), passed away at a local hospital on Thursday, they said.

He was admitted to the hospital on July 5 with fever. His COVID-19 test report arrived on July 7 and it was positive. Premsha breathed his last on Thursday, officials said. He was a resident of Kodagu in Karnataka.

This is the ninth COVID-19 death in the force that has recorded 1,137 cases till now, according to an official data.

Of the total cases reported in the force so far, 410 are under treatment across the country, nine have died and the rest have recovered, officials said.

They said that 20 personnel tested COVID-19 positive on Friday while 22 have recovered over the last 24 hours.

The about 1.62-lakh strong CISF is the national aviation security force guarding 63 airports at present and it is also tasked to guard vital installations in the aerospace and nuclear domain.

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News Network
April 25,2020

Mangaluru, Apr 25: The coastal district of Dakshina Kannada today reported another covid-19 case. With this the total number of coronavirus positive case in the district rose to 18 including two deaths. 

The health and family welfare department in its bulletin today announced that a 33-year-old woman from Bantwal tested positive for coronavirus. She is undergoing treatment at Wenlock Hospital which is now converted into covid-19 hospital. 

She is the daughter of 67-year-old woman from Bantwal who was tested positive for the deadly disease last week. Both are the neighbours of the two women from Bantwal who died of covid-19 recently.

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News Network
February 10,2020

Shivamogga/Hubballi, Feb 10: Chief minister BS Yediyurappa on Sunday reiterated portfolios for all new ministers will be distributed on Monday and the exercise was not completed sooner only because of weekend holidays.

“I had completed all the formalities on the portfolio allocation,” Yediyurappa said, appearing to rubbish rumours that the delay was caused due to a tussle over portfolios. “However, considering it was a weekend, I decided to postpone handing them out. On Monday all portfolios will be announced.”

The CM also promised to induct loyalists into his council of ministers, admitting Umesh Katti, Hukkeri legislator, should not have been left out. Speaking in Shivamogga earlier in the day, Yediyurappa said Katti was scheduled to take oath last week along with the 10 defectors, but the decision was scrapped at the last minute due to “unavoidable reasons”. “But I have discussed the issue with Katti. Considering he is from North Karnataka and that we have worked together for many years, he will be included in the cabinet soon,” Yediyurappa said.

When questioned on more prominent legislators from his home district missing out — especially Thirthalli Arag Jnanendra — he said a “different responsibility” has been given to him and has already explained why he could not be inducted.

Yediyurappa refused to react to comments by former chief ministers Siddaramaiah and HD Kumaraswamy on government’s survival, saying he would rather concentrate on the state’s development. “It is common for the opposition to criticize the government, but I’m busy preparing for the budget, which will be presented on March 5. I am concentrating on my work,” he said.

In Davangere, Yediyurappa said he is committed to increasing internal reservation for the Valmiki community under the ST quota from 3% to 7.5%, apart from considering a separate department for the community to address their issues. Speaking at a Valimik community event, Yediyurappa said Justice Nagamohan Das has been asked to submit his report at the earliest to bring in reservation.

In Mysuru, chief minister Yediyurappa’s son and BJP Yuva Morcha general secretary BY Vijayendra on Sunday said the district will get representation in his father’s cabinet soon, pointing to the six existing vacancies. He said former minister AH Vishwanath will be made a minister as Yediyurappa is known for delivering on his promises. Speaking to reporters, he said his father has expanded his council of ministers, ensuring there were no complaints and he will include more legislators given that there are six more vacancies.

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