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 Nerwork
July 4,2020

Bengaluru, Jul 4: Karnataka on Saturday reported its biggest single day spike of 1,839 new COVID-19 cases and 42 related fatalities, taking the total number of infections in the state to 21,549 and the death count to 335, the Health department said.

The day also saw 439 patients getting discharged after recovery; even as 226 patients in the state were undergoing treatment in ICU.

Out of 1,839 fresh cases reported on Saturday, a whopping 1,172 cases were from Bengaluru Urban alone; while 24 of the 42 deaths were from the capital city.

The previous biggest single day spike was recorded on July 3 with 1,694 cases.

As of July 4 evening, cumulatively 21,549 COVID-19 positive cases have been confirmed in the state, which includes 335 deaths and 9,244 discharges, the Health department said in its bulletin.

It said, out of 11,966 active cases, 11,740 patients are in isolation at designated hospitals and are stable, while 226 are in ICU.

Among the 42 dead are six from Bidar, four from Dakshina Kannada, three each from Kalaburagi and Dharwad and one each from Hassan and Bengaluru rural.

Of the 42, twenty-six are men, the bulletin said, adding most of them were with a history of Severe Acute Respiratory Infection (SARI), Influenza-like illness (ILI).

Out of 1,839 cases tested positive today, contacts of the majority of the cases are still under tracing.

Among the districts where the new cases were reported, Bengaluru Urban accounted for 1,172 cases, followed by Dakshina Kannada (75), Ballari (73), Bidar (51), Dharwad (45), Raichur (41), Mysuru (38), thirty seven each from Kalaburagi and Vijayapura, thirty-five each from Mandya and Uttara Kannada.

Bengaluru Urban district tops the list of positive cases, with a total of 8,345 infections, followed by Kalaburagi 1,597 and Udupi 1,276.

Among discharges, Kalaburagi tops the list with 1,189 followed by Udupi (1,103) and Bengaluru Urban (965).

A total of 6,89,526 samples were tested so far, of which 17,592 were tested on Saturday alone.

So far 6,50,876 samples have been reported as negative, and of them 15,294 were reported negative today.

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News Network
February 21,2020

Chikkamgaluru, Feb 21: Wazi Noronha, aka, Vojald, the father of Amulya Leona Noronha, who lives in Koppa taluk of Chickmagalur district has said that he was shocked by his daughter’s pro-Pakistan slogans.

“Let her rot in jail. I don’t mind if police break her bones, I don’t support what she said and I will not approach lawyers for her bail. She has committed a grave mistake,” he said.

Amulya, a 19-year-old student activist, was booked for sedition yesterday after she raised ‘Long Live Pakistan’ slogans at a CAA-NRC rally. A visibly embarrassed Asaduddin Owaisi, AIMIM chief and MP tried to snatch the mic away from her and slammed her. Karnataka Police have registered a case under IPC Section 124A (Offence of sedition) against Amulya.

Mr. Wazi, who owns a two-acre areca plantation and runs a poultry farm, said he would not make any attempts to get her bail. “Let the law take its course. I cannot approve of her statement,” he said.

He said he had cautioned his daughter against getting involved in protests. “I told her to complete studies first and later she could fight for poor people. But what she said yesterday is not acceptable. I don’t know what made her so. I hope a probe would bring out who prompted her to make such statements,” he said.

Mr. Wazi also admitted that he was associated with BJP and had worked for saffronite leaders like Shobha Karandlaje and D N Jeevaraj.

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coastaldigest.com news network
July 30,2020

Mandya, July 30: BJP state president Nalin Kumar Kateel on Wednesday said Chief Minister B S Yediyurappa has done a commendable job in tackling the Covid-19 situation and floods and that the question of changing the leadership does not arise.

Karnataka on Wednesday reported 5,503 new cases of Covid-19 and 92 related fatalities, taking the total number of infections to 1,12,504 and the death toll to 2,147.

Speaking to reporters here, Kateel said, "Deputy Chief Minister Laxman Savadi has gone to Delhi to discuss the projects sanctioned to state with the central minister. There is no need to read too much into it."

Replying to a query on graft charges against the BSY government by the Congress, Kateel said, "Congress national president, state unit president are out on bail in graft cases . Why did a Congress leader who calls himself a bande (rock) has approached court seeking stay on CBI probe? Before making any allegations against the government, they should think about 'irregularities' in Indira Canteen and housing schemes," he charged.

Instead of instilling confidence and hope among the people in these testing times, the Congress is unnecessarily creating fear with petty politics, he told reporters in Shravanabelagola, Hassan district.

"The Yediyurappa-led BJP government is working day and night to tackle the Covid-19. Similarly, several non-governmental organisations have joined hands with the government in the fight against the virus. But, the Congress is only creating confusion by issuing baseless statements," Kateel said.

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