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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Agencies
January 26,2020

Thiruvananthapuram, Jan 26: Sister Lucy Kalappura, one of the nuns who protested against rape accused Bishop Franco Mulakkal, on Saturday claimed that she is being targeted at the convent and not being provided food.

Sister Lucy was dismissed from Franciscan Clarist congregation for supporting sisters protesting against the Bishop.

"I am being targeted at the convent and not being provided food. When I asked the reason, I was told I have been dismissed from the convent and they are not responsible for feeding me," said Sister Lucy while speaking to the reporters.

She has alleged that all this began after the release of her autobiography "Karthavinte Namathil" which means 'In the name of God'. In her book she had alleged sexual misconduct among priests and nuns.

"They prepare food and after having it they lock it in the cupboard. When I asked the reason behind this, they told me that I have been dismissed," said Sister Lucy.

"Now I am managing it all by myself with egg and tapioca that grows in the convent compound. Earlier they used to keep the leftover lunch and I used to adjust with that, but after my book was released, they started to lock the food in the cupboard," she added.

Sister Lucy also claimed that she had filed three complaints with the police on August 19, August 20 and on December 13. They had taken her statement but no action was taken.

"If the police would have taken some action against the convent authorities, they would not have behaved this way. An FIR was registered based on the three complaints but no action was taken. This gives them more power to act against me. I have drafted a letter to the Chief Minister to raise my complaint," said Sister Lucy.

Bishop Mulakkal, a senior member of the Roman Catholic clergy in India, was arrested in 2018 following allegations by a nun that he repeatedly raped and sexually assaulted her at Kuravilangad convent between 2014 and 2016, a charge that he denies.

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coastaldigest.com news network
May 17,2020

Benglauru, May 17: A garment company manager jumped to death from his third-floor house on Saturday, four days after having killed his wife and wrapping her body in a blanket. 

Manish Kumar, 42, gave a relative and neighbours frightening moments before committing suicide at AECS Layout, Kudlu Gate, Southeast Bengaluru. The relative had come over after Kumar’s brother called him from Delhi, saying he had stopped responding to phone calls. 

The relative, who lives in Hongasandra, arrived at Kumar’s house around noon. He knocked on the door which was bolted from the inside but didn’t get a response. When he asked the neighbours, they said they didn’t have a clue. The relative and the neighbours decided to break the door open. 

But as they entered the house, they got the shock of their lives. Kumar was slitting his wrist with a blade. He then ran into the bathroom and locked himself in. They followed him and asked him to open the door. But he ignored them. They had to break open the bathroom door, too. By this time, Kumar had slashed his hands, chest and other parts of the body. Waving the blade at them, he asked them to stay away. 

Even the relative and the neighbours pleaded with him to drop the blade, he ran out and jumped off the building. He was taken to a hospital but it was too late. 

A bigger shock awaited them. They felt a foul smell emanating from the house. When they went in, they found the decomposed body of Kumar’s wife, Sandhya, 35, wrapped in a blanket. They called the cops. 

Police found a death note purportedly written by Kumar on May 12. “We suspect he killed her on that day,” said a police officer investigating the case. 

Police said the death note specifies what made Kumar kill his wife and commit suicide. Sandhya suspected him of having an affair since he regularly chatted up some bar dancers he had met in Gurgaon and Delhi. She accessed his phone and saw the calls and the WhatsApp messages he had sent them. The issue rocked their marital life and they often fought over it. He then decided to kill his wife and commit suicide, as per the death note. 

Police said Kumar appeared to have spent the last four days at home, with his wife’s body wrapped in the blanket. “We don’t know whether he tried to dispose of the body or didn’t want to see it,” the officer said. Police couldn’t determine how he killed her and are waiting for the post-mortem report. 

Joshi Srinath Mahadev, DCP (Southeast), said the couple hailed from Bihar. “We are waiting for Sandhya’s relatives to arrive in Bengaluru. A case of murder and suicide has been registered at the Parappana Agrahara police station.” Another officer said the couple had a love marriage.

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News Network
May 15,2020

Bengaluru, May 15: Karnataka Chief Minister B S Yediyurappa on Friday announced further relief package to the lockdown affected people.

Addressing a press conference, the Chief Minister said about Rs 500 crore would be earmarked to distribute to over 10 lakh farmers, who had grown Jowar and also cash compensation to the shepherds who would lose sheep and goats due to natural disasters.

While commending the efforts of the ASHA workers, who are remained in the frontline in fight against the COVID-19 pandemic, the Chief Minister said an additional Rs 3000 would be remitted to their bank accounts as an incentive.

The Chief minister had announced Rs 1610 crore cash relief package to benefit the auto drivers, barbers and washermen, last week.

He had also announced relief package to the farmers, and migrant workers and construction workers.

Replying to questions, he denied that by bringing amendment to the APMC Act, farmers would be suffered.

Brushing aside the criticism over an ordinance brought to the APMC Act by the Opposition Congress and the JD(S), the Chief Minister said “Amendment had been brought after taking care that farmers interests will not be adversely affected”.

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