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 news network
May 19,2020

Bengaluru, May 19: Karnataka on Tuesday recorded the highest single-day rise in the COVID-19 cases in the state as a whooping 149 people tested positive for the virus. With the spike in new cases, the overall tally has risen to 1,395.

This is for the first time the state recorded 100 plus cases in a single day. So far, 40 people have also succumbed to the virus including three deaths today. 

The new deaths consist of a 61-year-old male patient, a resident of Ballari; a 65-year-old male patient, a resident of Vijayapura; and a 54-year-old male patient from Bengaluru.

Among the new cases, a maximum of 71 are reported from Mandya, followed by 22 in Davanagere, 10 in Shivamogga, 13 in Kalaburgi, six in Bengaluru Urban, four each in Udupi and Uttara Kannada, five in Chikkamagaluru, three in Hassan and one each in Yadagiri, Chitradurga, Vijayapura, Gadag.

Most of the new cases are of the people who traveled to Mumbai in Maharashtra, Solapur, Ahmedabad, and Kerala.

The remaining are those who came in contact with the people who had tested positive earlier.

At present, 811 people are actively taking treatment, while 543 have been discharged after recovery.

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News Network
May 26,2020

Newsroom, May 26: A migrant worker died of hunger while a 10-month-old boy suffering from fever and breathing difficulties died negligence in two separate incidents onboard Shramik Special trains in Uttar Pradesh.

The 46-year-old dead migrant worker’s nephew, who was accompanying him, said that the victim had not eaten anything in the last 60 hours.

Raveesh Yadav said that no food or water was provided on the train, which they had boarded from Mumbai to travel to their native place in Jaunpur district in Uttar Pradesh.

Yadav and his uncle were working as construction workers in Mumbai.

Yadav told the paper that the train had left the Lokmanya Terminal in Mumbai, at 7pm on May 20 and arrived at its final stop, Varanasi Cantonment station, at 7.30am on May 23.

“But my uncle, who was complaining of hunger and pain all over his body, fainted half an hour before we reached Varanasi Cantonment and died within a few minutes,” Raveesh was quoted as saying.

He added that he and his uncle were hungry when they boarded the train but could not find food or water to buy.

Railways’ apathy

Meanwhile, the family of 10 month old child, who died in the train, alleged that the railways did not arrange for a doctor despite their repeated pleas.

The railway doctors had been moved to Covid-19 hospitals and by the time a doctor was provided at Tundla railway station, it was too late, the report quoted the child's grandfather, Dev Lal, as saying.

Lal said that the family members had tried to speak to the GRP at many stations, including at Aligarh, where the train had halted. "But they showed no interest and said any help would be available only in Tundla,” Lal said.

Railways officials then took the kin to a quarantine centre in Tundla, as they suspected that the baby had died because of the novel coronavirus.  It was only on Monday that the incident came to light when another individual at the quarantine facility intimated journalists after the condition of the child's mother worsened.

Last November, the mother of the child, Priyanka Devi of Bihar's Notan village in West Champaran, had gone to visit her parents who reside in Noida with the baby, who was then just four months old. Her husband Pramod Kumar is a farmer, the report added.

Comments

andh bakth
 - 
Tuesday, 26 May 2020

Vote for BJP and you need only hindutva dont worry about food, job etc.......jai modiji

very sad for baby:(

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News Network
February 21,2020

Bengaluru, Feb 21: Amulya Leona, a college student, who raised to pro-Pakistan slogans to embarrass organisers of a protest against the Citizenship (Amendment) Act (CAA) here on Thursday evening, has been charged with sedition.

The student-activist, who was allowed to talk on stage, suddenly raised pro-Pakistan slogans. She was arrested by police after All India Majlis-e-Ittehadul Muslimeen (AIMIM) chief Asaduddin Owaisi snatched her mike.

Deputy Commissioner of Police Ramesh Bannoth confirmed the girl has been charged with sedition, provoking enmity between groups, and intentional insult to provoke breach of peace.

It was just after Mr. Owaisi’s arrival on the stage at Freedom Park here that the 19-year-old student was asked to speak. After preliminary remarks, she suddenly shouted “Pakistan zindabad” thrice, leaving the crowd and organisers stunned.

Some of the organisers rushed to her and tried to take the mike away and stop her from speaking further. Mr. Owaisi too joined in and snatched the mike. Holding on to the mike, the girl then went on to shout “Hindustan zindabad” twice, before a posse of police personnel and organisers whisked her away from the stage

Soon after the student was taken away, a visibly upset Mr. Owaisi told the crowd: “Whatever has been spoken [by the girl] is wrong. Neither my party nor I has any connection with it. As long as we are alive, we will be raising Bharat zindabad slogans. Never had we any relationship with Pakistan nor will we have anything in future,” he announced.

He further stated: “This is condemnable. The organisers should not have invited such people to this place. If I had known that these kind of things would be said here, I would not have come here.”

It is unfortunate that the organisers have invited such people and a wrong message is going out, he said. “Now, BJP has got an opportunity and will blame me,” he added.

Every speaker, who took the podium after the incident, condemned the pro-Pakistan slogans raised by Amulya.

Janata Dal (S) councillor representing Gurappanapalya, Imran Pasha, one of the organisers of the protest under “Hindu, Muslim, Sikh, Isayi Federation”, claimed that they had not invited the “activist” and were not aware that she would be speaking from the stage. Mr. Pasha said that such statements were “a deliberate attempt to drive a wedge between Hindus and Muslims”.

Meanwhile, the BJP State unit tweeted, “Truth is that protests against CAA are a joint venture between Pakistan and anti-National forces led by INC India.” In a press release, BJP State unit president Nalin Kumar Kateel termed this as an “anti-national act” and urged the police to take action.

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