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
March 7,2020

Bengaluru, Mar 7: As a precautionary measure to control the spread of coronavirus in Karnataka, the state government has planned to suspend biometric attendance for the time-being at its offices, also in corporate and IT companies, Medical Education Minister Dr K Sudhakar said on Saturday.

He said the government has taken all precautionary measures to control the spread of the virus in the state.

"Our Additional Chief Secretary has already spoken to IT companies yesterday on behalf of the government regarding guidelines that need to be followed, it is part of it...we will do it in the government also in the days to come," Sudhakar told reporters here.

He was responding to a question about suspending biometric attendance at offices in the wake of the coronavirus outbreak.

Asked about suspending biometric attendanceat government offices, he said, "we have planned to do it yesterday."

Sudhakar said so far in Karnataka not even one case has been identified, to that extent we have been taking precautionary measures effectively.

He said from villages to state capital Bengaluru at all levels the health department officials have been activated as part of the precautionary measures.

Also, committees headed by Deputy Commissioners have been formed in all district, he added.

"We have given certain guidelines to people. We have also included private hospitals. We have taken all precautionary measures to stop the virus from entering the state," he added.

In response to a question regarding masks, the Minister clarified that those who have the symptoms of the disease only should use them.

He said, "N95 masks are required only for those who have tested positive, there is not even a single positive case in the state so far...surgical masks that will have three layers can be used by those who have symptoms like cough, cold, fever."

In the state as a precautionary measure 2,500 beds have been kept ready if the situation arises, despite not having a single case.

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Media Release
June 4,2020

Dr Soofi Anwar, Director Academics of University of Stirling RAK, UAE Campus, has achieved the prestigious professional recognition of Senior Fellow of the Higher Education Academy (HEA) UK. He has achieved this milestone through the Stirling Framework for Evidencing Learning and Teaching Enhancement (SFELTE), the Continuing Professional Development Framework (CPD) for learning and teaching at University of Stirling, Scotland, UK. 

He was recognized for this achievement on recently concluded virtual Learning & Teaching Conference-2020 organized by University of Stirling Campus in UK.  He has secured his Ph.D. in Management from University of Azteca, Mexico.

Dr. Soofi Anwar has over 20 years of experience in teaching and academic leadership at higher education level and has worked in leading universities in UAE, Bahrain and India. He was conferred the prestigious Middle East Education Leadership Award, as the Best Professor in Management-2018 in recognition of his academic excellence, exemplary leadership in higher education. Prior to his current role, he has worked on leadership position in Birla Institute of Technology Offshore Campus RAK.

He has completed his MBA from Dept. of Business Administration, Mangalore University in 1999 and his B. Com degree from Canara College Mangaluru.

He has published numerous research papers in management and in the area of teaching and learning in higher education in reputed academic journals and international conferences proceedings. He is a member of editorial board of two leading management journals and engaged in reviewing faculty research publications in the area of management and marketing. 

He is a son of Haji Abdul Khadar Kodijal and Mrs. Mariyamma from Konaje, Mangaluru.

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News Network
June 11,2020

Mangaluru, Jun 11: City police on Thursday filed a 700-page chargesheet in connection with the arrest of Aditya Rao, 36, accused of planting an IED at Mangaluru International Airport on January 20.

The chargesheet said the bag placed near MIA entrance had a real bomb, as per the FSL report. The IED in the tin box was made of sulphur, ammonium nitrate, potassium chlorate and charcoal.

Rao, an engineer, who learnt bomb-making through online videos, had also placed a timer along with it and sharp objects such as nails and metals. However, he had not fixed wires to trigger a blast. “His intention was not to cause a blast but only to create a scare,” said sources.

The bomb was made in less than two weeks. However, it had taken Rao several days to procure raw materials. Police had completed the chargesheet process in April.

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