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 12,2020

Bengaluru, Jan 12: Protesters plan to intensify their anti-Citizenship (Amendment) Act movement from sit-down satyagrahas and rallies to street and door-to-door campaigns in different parts of the city.

The street campaigns began on January 1 with 20-30 volunteers of Hum Bharat Ke Log, reaching out to people in Koramangala and Whitefield and explaining the CAA, National Population Register (NPR), National Register of Citizens (NRC) and related issues. They have organised four campaigns.

According to Zia Nomani, member of Hum Bharat Ke Log, the campaign will intensify soon. “Over 200-400 volunteers will organise nukkad sabhas and other activities around JP Nagar and Banashankari,” Nomani said.

She added that though protests began as a medium for people to vent their concerns, more needs to be done.

“We have realised that many people have begun working on their personal documents and want to help them understand what CAA is all about,” Nomani said.

Volunteers will talk to people at street junctions, discuss issues and run signature campaigns. They say: “Our movement is focussed on reaching out to people. Pro-CAA workers too started a door-to-door campaign last week.”

Avani Chokshi, an advocate who participated in a campaign, said though people had a cursory idea about these issues, they didn’t know the details. “It through such campaigns that we can reach more people. It’s important to talk to people who haven’t made up their mind about the issues or are even pro-CAA,” said Avani, adding, “It hard to combat hatred in a short span of time. The movement needs to be sustained.”

Activist Geeta Menon, who has been at the forefront of the street campaign, says they were heckled at some places.

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News Network
February 10,2020

Bengaluru, Feb 10: A group of women on Monday started a protest against Citizenship Amendment Act (CAA), National Register of Citizens (NRC), and National Population Register (NPR) here near Bilal Masjid.

Members of the transgender community on Sunday had also taken out a march here to express solidarity with those protesting against CAA, NRC, and NPR.

The newly enacted law is facing stiff opposition across the country with some states including Kerala, West Bengal, Rajasthan and Punjab refusing to implement it. Rajasthan, Kerala, and Punjab have also passed resolutions against the amended citizenship law in their legislative Assemblies.

The CAA grants citizenship to Hindu, Sikh, Jain, Parsi, Buddhist, and Christian refugees from Pakistan, Afghanistan, and Bangladesh, who came to India on or before December 31, 2014.

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News Network
April 28,2020

Bengaluru, Apr 28: Providing respite, Karnataka has decided to ‘conditionally’ allow economic activities to restart in green zones.

The green zones of Chamarajanagar, Koppal, Chikkamagaluru, Raichur, Chitradurga, Ramanagara, Hassan, Shivamogga, Haveri, Yadgir, Kolar, Davangere, Udupi and Kodagu will now see shops and industrial activities starting operations, according to an order issued by Chief Secretary TM Vijay Bhaskar on Tuesday.

Lockdown restrictions in the wake of COVID-19 will continue in Bengaluru Urban, Belagavi, Mysuru, Vijayapura, Bagalkot, Kalaburagi, Bidar and Dakshina Kannada. Here, only essential services and supplies will be allowed.

In green zones, all shops that include neighbourhood shops, standalone shops, shops in residential complexes within the limits of municipal corporations and municipalities can open with 50 per cent manpower but with masks and social distancing mandatory.

Shops in residential and marketing complexes are allowed to open in areas located outside municipal limits, the order states.

Multi-brand and single-brand malls will remain shut across Karnataka.

Industries operating in rural areas of these green zones (except Ramanagara) have been allowed to start. Also, manufacturing and other industrial establishments with access control in special economic zones and export-oriented units, industrial estates and industrial townships will be allowed to operate.

“These establishments shall make arrangements for stay of workers within their premises as far as possible and/ or adjacent buildings. The transportation of workers to workplace shall be arranged by the employers in dedicated transport by ensuring social distancing (sic),” Bhaskar said in the order.

This order comes a day after Chief Minister BS Yediyurappa participated in a video conference with Prime Minister Narendra Modi, and with all deputy commissioners.

No decision on relaxing lockdown restrictions has been taken for Ballari, Mandya, Bengaluru Rural, Gadag, Tumakuru, Chikkaballapur, Uttara Kannada and Dharwad. “The decision regarding opening of shops and industries in taluks where there are no active COVID-19 cases will be taken by the concerned district in-charge minister,” Bhaskar said.

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