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
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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coastaldigest.com news network
June 3,2020

Mangaluru, Jun 3: The district administrations of Dakshina Kannada and Kasaragod have issued standard operating procedures (SOP) for the movement of people between two neighbouring districts that fall under two different states.

Even though thousands of people used to commute between these two districts due to employment, education and other reasons every day, the travel has been banned for over two months due to covid lockdown.

Dakshina Kannada DC Sindhu B Rupesh has assured that travel passes will be issued for working professionals/students who have to commute every day.

Those who wish to travel to DK district from Kasargod have to register on https://bit.ly/dkdpermit for daily pass.

The pass applicant should mention the travel destinations, and the complete work address in DK. He/she should also upload Aadhaar card, proof of workplace. On receipt of the applications, the AC of Mangaluru division will issue the pass which will be valid till June 30.

The DC said that the pass details will be recorded at Talapady check post daily. Those who fail to report during the exit from Dakshina Kannada will be subjected to quarantine by the taluk administration and penal action will be initiated as per Epidemic Act, she warned.

Thermal screening of all persons entering DK will be conducted at the checkpost. Only those who are asymptomatic will be allowed to enter.

As per the SOP issued by Kasargod District Collector, those who wish to commute between these two districts have to register in COVID-19 Jagratha portal under the emergency pass category and the applicant has to mention the reason as “inter-state travel on a daily basis."

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News Network
June 6,2020

New Delhi, Jun 6: With the coronavirus pandemic showing no signs of abating, it seems unlikely that Muslims from India will be able to undertake the Hajj pilgrimage this year.

However, the government will take a final decision on the matter only after Saudi Arabia makes its position on hosting the pilgrimage clear.

A circular issued by the Hajj Committee of India on Friday said only a few weeks are left for the preparatory work in India for Hajj 2020, yet the Saudi authorities have not communicated any further development regarding the pilgrimage.

"In view of the several inquiries received and concerns expressed over uncertainty over Hajj 2020, it has been decided by the Hajj Committee of India that, those pilgrims who desire to cancel their Hajj journey this year, their 100 per cent amount paid so far will be refunded without any deductions," the circular issued by Hajj Committee of India CEO Maqsood Ahmed Khan said.

"Coronavirus cases are increasing in Saudi Arabia and two lakh people have to go from here. We had made preparations, but now there is very little time left. We are waiting for an official word from Saudi Arabia," a top source said.

In response to a question, the source said, "This time, it is unlikely that people will be able to undertake Hajj from India."

Uncertainty has been looming large over this year's Hajj in the wake of the coronavirus pandemic and though Saudi Arabia has not made a decision on whether the annual pilgrimage will be held or not, it did ask Muslims to delay their bookings till there is more clarity.

The bilateral annual Hajj 2020 agreement between India and Saudi Arabia was signed last December. In 2020, a total of 2 lakh Indian Muslims were expected to perform Hajj.

Over 95,000 COVID-19 cases and more than 600 deaths have been reported in Saudi Arabia due to the coronavirus pandemic, according to Johns Hopkins University data.

Some countries have decided not to send their people for Hajj this time. The most prominent among these is Indonesia, the country with the largest Muslim population in the world.

The Hajj 2020 is proposed in the period between late July and early August.

The Hajj is one of the five pillars of Islam which every Muslim is required to complete at least once in their lifetime if they are healthy enough and have the means to do so.

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