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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coastaldigest.com web desk
July 2,2020

When the black and white photos of the ‘London to Calcutta (Kolkata) bus service’ went viral on social media recently, the response of some of the netizens was “stop spreading fake news!” But, it isn’t a fake news. The late 1950s indeed offered people a lavish bus trip from London to Kolkata. 

While one of the viral images shows passengers at the Victoria Coach Station, London, boarding 'Albert', the other image show the same bus travelling through a valley. In another image the bus is stationed at a tourist spot. All these photos were captured during the bus’ maiden international journey in 1957.  

An image of the bus ticket is also making rounds on social media, that shows the route of the bus — London, Belgium, West Germany, Austria,Yugoslavia, Bulgaria, Turkey, Iran, Afghanistan, West Pakistan, India. The route in India followed Delhi, Agra, Allahabad, Banaras and finally Calcutta.

The ticket shows that a one side travel cost 145 pounds (13,644 Rupees at the present day) back then, and it was inclusive of all the luxury provided during the run.

The luxurious bus provided the facilities of reading, individual sleeping bunks, radio/taped music for parties and pleasure and fan heaters, among other things. The brochure reads, "Your complete home while you travel."

Some of the tour highlights included Banaras on the Ganges, The Taj Mahal, The Raj Path, The Rhine Valley and The Peacock Throne. Passengers reportedly got free shopping days in New Delhi, Tehran, Salzburg, Kabul, Istanbul and Vienna.

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coastaldigest.com news network
June 30,2020

Mangaluru/Kasaragod, Jun 30: In what appears to be an ego clash between the officers of Karnataka and Kerala, around 150 Mangalureans including 12 pregnant women were evicted from the lodges in Kasaragod in the middle of the night and sent to Mangaluru.

Expressing shock over the incident, Mangaluru MLA U T Khader hit out at the authorities concerned for the lack of concern towards the stranded passengers. “If IAS officers don’t have humanity, what is the use of the IAS tag. Officers in the two states should learn to speak to one another and solve people’s problems,” he said apparently addressing DCs of Kasaragod and Dakshina Kannada. 

The 150 passengers had arrived on Saturday from Dubai in a chartered flight arranged by the Karnataka Cultural Foundation. The flight landed in Kannur after it was denied permission to land in Mangaluru.

But Karnataka’s nodal officer for stranded persons outside India C N Meena Nagaraj, an IAS officer, called up Kerala officials and questioned why the flight was allowed to land in Kannur, Khader said. She reportedly told Kerala officials that the passengers should be quarantined in the cities of arrival and that Karnataka would not take them in.

In the meantime, the Karnataka Cultural Foundation arranged seven buses to take the passengers to Mangaluru. By the time it was conveyed to them that they would not be allowed to enter Mangaluru, the buses had reached Kasaragod district. The representatives of the organisation made frantic calls to several political leaders. Congress leader and district panchayat standing committee chairperson Harshad Vorkady said he got a call for help around 10pm on Saturday. He spoke to owners of three lodges to accommodate them. The lodges were used by the district administration as quarantine centres. 

The lodge owners said they would take the passengers in only if the Kasaragod tahsildar gave permission. “So I called up the tahsildar. He only wanted to know who will pay for the lodging and food. When I told him that the passengers will pay, he gave permission. By midnight, all the passengers were put up in the three lodges,” he said. The police were also at the spot, he said.

According to the Covid protocol, those arriving from abroad should be in institutional quarantine for seven days and in room quarantine for another seven days. But by 4pm on Sunday, the police returned to the lodges and asked the passengers to vacate. They said it was the order of the collector. They produced the order to the lodge owners. The office-bearers of the Karnataka Cultural Foundation said they sought time from the Kasaragod police to arrange rooms in Mangaluru. But Kasaragod police denied it. 

On Sunday, there were Covid deaths in Mangaluru and the Mangaluru deputy commissioner was tied up as residents were objecting to the funeral of one of the victims. “By night, the police started threatening the lodge owners. The members of the Foundation said they would shift the passengers by Monday morning. But the collector would not listen,” said Harshad.

Around 11pm, the Kasaragod district administration brought in four KSRTC buses and sent all the 150 passengers to Mangaluru, he said. By 1am the buses crossed the Thalapdy border and Khader took over from there. But the MLA was livid with how officials treated the people. Collector Sajith Babu in a statement said his enquiry found that the tahsildar did not give permission to accommodate the passengers in Kasaragod lodges.

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News Network
April 28,2020

Bengaluru, Apr 28: With fresh guidelines on the COVID-19 lockdown expected soon, Karnataka Chief Minister B S Yediyurappa on Monday chaired a meeting with key ministers, officials and Deputy Commissioners of districts and discussed about re-starting economic activities in the state, as he took stock about of the pandemic.

"At the video conference with DCs, CM took stock of COVID-19 situation and measures taken to control its spread. Discussions also happened regarding starting of certain economic activities in parts of the state," official sources said. The state government would take any decision in this regard after the Centre issues fresh guidelines or directives, they said, without elaborating.

The meeting came hours after Prime Minister Narendra Modi held a video conferencing with Chief Ministers to discuss the situation arising due to COVID-19 in the country, which is under lockdown since March 25 to contain the pandemic. Only nine chief ministers spoke in the virtual meeting with the Prime Minister and Yediyurappa did not get an opportunity.

A senior Minister, who attended the meeting told PTI, necessary directions regarding the lockdown after May 3, they were likely to come in a couple of days.

"Most of the Chief Ministers wanted the lockdown to continue to contain the spread.... nothing concrete emerged, but we expect the necessary directions will follow in couple of days. This is what we expect after seeing what has happened as a followup to three to four such video conferences in the past," he said.

The Minister said the larger opinion was that the current measures should continue and interstate or inter-district movement should not be allowed. Regarding movement within the districts that are green zone, some decision may be taken soon, he said, adding the Prime Minister also asked states to concentrate on reforms, aimed at attracting investments in the days to come.

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