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
February 6,2020

Thiruvananthapuram, Feb 6: The 105-year-old Bageerathi Amma who scripted history when she appeared for her fourth standard exam in last November becoming the oldest learner of the Kerala State Literacy Mission has passed her exam with 74.5 per cent marks.

This grandmother from Parakulam in Kollam district of Kerala Bageerathi Amma has six children and 16 grandchildren.

Speaking to news agency ANI, CK Pradeep Kumar, district co-ordinator of State Literary Mission said on Wednesday, "Bageerathi Amma has passed her exam with 74.5 per cent marks. It is really an inspiration for others to follow her and continue their education," he said.

Ms Bageerathi had to stop her education at the age of nine when she was in Class 3 as she had to take care of her younger siblings.

Her yearning to continue her studies was fulfilled with the help of officials of the Literary Mission who helped her to realize her dreams. She scored 205 marks out of a total of 275 in the fourth standard equivalency examination.

The Kerala State Literacy Mission Authority is an autonomous institution under the General Education Department, Government of Kerala.

The programme aims to develop literacy skills through continuing education, provide chances of each and everyone interested in learning, enable the learners to make use of their learning in their daily life and ensure Secondary-level education to the whole of Kerala.

The main beneficiaries of this programme are illiterates, neo-literates, school drop-outs and those interested in lifelong education.

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News Network
July 15,2020

Bengaluru, Jul 15: With the state capital along with a few districts under lockdown to control the spread of Covid-19, Karnataka Home Minister Basavaraj Bommai on Wednesday said the measure was important to break the chain and people seem to have understood its importance.

Appealing for cooperation from the people, he asked them not to make it inevitable for police to use force in implementing the lockdown. "Traffic movement is less, there is a lockdown atmosphere everywhere, I feel that people have understood the importance... cooperation is required. I appeal to the people, if this lockdown has to be effective it has to be voluntary, only then we can control the rapid spread of coronavirus," Bommai said.

Speaking to reporters here, he said this lockdown is important, last time the infection was not up to this level. "This time areas that have a high number of infections- about five districts and Bengaluru city are going for lockdown. People have understood that this lockdown is to break the chain," he said. "Please don't make it inevitable for police to use force," he added.

Bengaluru urban and rural areas are under "complete lockdown" since last night at 8 pm and it will be effective till 5 am on July 22.

Following Bengaluru urban and rural, administrations in several districts like Dharwad, Dakshina Kannada, Kalaburagi (only in Urban areas), Bidar, Raichur (in Raichur city and Sindhanur) and Yadgir too have announced lockdown.

Noting that Police have taken all necessary strict measures to enforce lockdown in Bengaluru urban and rural districts by restricting the movement of vehicles and people, Bommai said barricades have been erected at various places and flyovers have been shut. People have been allowed to purchase vegetables and groceries till 12 noon, he said.

The government has warned of action in case of any violation of the lockdown rules. As of July 14 evening, cumulatively 44,077 Covid-19 positive cases have been confirmed in the state, which includes 842 deaths and 17,390 discharges. Bengaluru Urban district tops the list of positive cases, with a total of 20,969 infections.

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Agencies
February 7,2020

New Delhi, Feb 7: The Supreme Court on Friday issued a notice to the Central government on a plea challenging the Constitutional validity of the Citizenship Amendment Act (CAA) and effective implementation of the Assam Accord.

A bench of Chief Justice of India (CJI) SA Bobde also sought Centre's response on the plea filed by Assam Social Justice Forum.

The petition sought appropriate directions for taking effective steps for the implementation of Assam Accord, 1985 in letter and spirit and for conservation and preservation of the of a distinct culture, heritage and traditions of the indigenous people of Assam.

The Assam Accord, 1985, had fixed March 24, 1971, as the cut-off date for deportation of all illegal immigrants irrespective of their religion.

The Bench also sought Centre's response on another fresh batch of pleas challenging CAA and tagged them along with other petitions pending in the matter.

One of the petitions, filed by the Association of Advocates from Maharashtra among others, sought to declare the Citizenship Amendment Act as discriminatory, arbitrary, and illegal and consequently set aside the impugned act as ultra-vires the Constitution of India.

On the other hand, over a hundred petitions have been filed in the apex court, for and against the amended citizenship law, which is facing opposition and protests across the country.

CAA grants citizenship to Hindus, Sikhs, Buddhists, Jains, Parsis and Christians who fled religious persecution in Afghanistan, Bangladesh, and Pakistan and took refuge in India on or before December 31, 2014.

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