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 21,2020

Bengaluru, Feb 21: Historian Ramachandra Guha on Thursday refuted Karnataka home minister Basavaraj Bommai's claim that the latter had apologised for police allegedly manhandling him during an anti-CAA protest in the city, saying he received no such call or apology.

The writer further said even if such an apology had been offered, he would have rejected it.

"The Home Minister of Karnataka has claimed on the floor of the State Assembly that he apologised to me by phone for the manhandling by the Bengaluru police on 19th December 2019. This is false.

I received no such call or apology," Guha tweeted.

"Even if such an apology had been offered, I would have rejected it.

The imposition of Section 144 was illegal (as the Karnataka High Court has since held) and I was proud to be one of thousands of peaceful protesters who defied the States arbitrary action on that day," he said in another tweet.

During his reply to the debate on law and order situation in the state, Bommai on Wednesday claimed that he had apologised to Guha.

The minister was apologising to senior Congress MLA and former Speaker K R Ramesh Kumar for police serving him notice and detaining him along with others at Mangaluru airport in December for trying to enter the city despite restrictions following violence there.

Stating that anti-CAA protests have taken place peacefully across the state, he had said, there might have been minor discrepancies, like that with historian Ramachandra Guha, being manhandled during a protest.

"I have called and apologised to him," he had said.

Guha was detained on December 19 for staging a demonstration against the Citizenship Amendment Act and National Register of Citizens at the Town Hall here, in defiance of the prohibitory orders imposed in the city.

He was taken away by police personnel and led to a police vehicle parked nearby.

Leader of Opposition in the assembly and former chief minister Siddaramaiah said Bommai has committed a "perjury" in the House, and asked him to apologise to people and Guha in front of media.

"Bommai has committed a perjury on the floor of the House. It answers the question of where @BJP4India workers derive their motivation to spread fake news.

Bommai has insulted the people whom he represents," he tweeted and demanded that he apologize to people and Guha.

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News Network
May 4,2020

Bengaluru, May 4: Former Karnataka chief minister HD Kumaraswamy on Sunday said that the health of the migrants who have been allowed to move, should not be jeopardized and appropriate tests must be conducted.

"The task was to send the workers to their places. However, their health should not be jeopardized. This decision made for their benefit should not be a travesty for them. There will also be physical interference on the buses and appropriate tests must be done," said Kumaraswamy.

"The lockdown, which was implemented without any prerequisites, is now loosened without warning. The state government, which has allowed migrant workers to move to the city, has mobilized large numbers of people. By this, the government is playing with their health," he added.

He continued saying that the government should not lose out on an unscientific move that resulted in the loss of thousands of crores of rupees from a custodial lockdown.

"Workers and villages must be sober. The government must take all necessary precautions in this regard," he added.

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News Network
March 24,2020

Mysuru, Mar 24:m who returned from foreign travel and flouted home quarantine guidelines has been arrested in Mysuru on Monday. 

The man, who returned from Australia, had a seal on his hand but was roaming around the city. 

According to police, he was supposed to be under home quarantine till April 6. V V Puram Police took him into custody.

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