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
June 28,2020

Mandya, Jun 28: Prime Minister Narendra Modi praised an 83-year-old farmer from Malavalli taluk in Mandya district of Karnataka for his efforts in water conservation.

While urging the people to focus on saving water, Modi, in his 'Man Ki Baat' on All India Radio quoted Kamegowda from Dasna Doddi village who single handedly dug small 16 ponds over the years in his farm land and in nearby hill while taking his animals for grazing.

"Kamegowda ji is an ordinary farmer, albeit possessing an extraordinary personality. He has achieved a personal feat that will leave anyone awestruck! Kamegowda ji, aged 80-85 takes out his animals for grazing but at the same time he has taken it upon himself to build new ponds in his area", the PM said in his Mann Ki Baat, a monthly radio address on Sunday.

To overcome problems of water scarcity in the area, Gowda started building small ponds. Thereby, he contributed a lot for water conservation, the PM said.

"... An octagenerarian like Kamegowda ji, till now, has dug 16 ponds through his hard work and the sweat of his brow. It is possible that the ponds he has constructed may not be very big but then his efforts are huge. Today, the entire area has got a new lease of life on account of these ponds," the PM said.

A little effort by us helps nature and environment quite significantly. Many of our countrymen are putting extraordinary efforts in this endeavour, the PM said. 

Kamegowda, used to take his sheep and goats to nearby hill for grazing. After finding no water to sheeps, he started digging ponds to address water scarcity. With collection of rain water, these lakes are brimming with water even during peak summer.

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coastaldigest.com news network
January 23,2020

Bengaluru, Jan 23: Expressing shock over the blast which left him and his supporters injured yesterday, Shantinagar MLA NA Haris today said that the incident cannot be brushed aside as a firecracker blast and appealed to the state government to inquire into the incident.

Recovering from the injuries sustained on his leg, Haris was discharged from St Philomena's Hospital on Thursday afternoon. 

Interacting with mediapersons outside his residence in Shantinagar, Haris said, “It wasn’t a cracker but a ball-like object that was hurled at me. Since my childhood, I have been seeing crackers and the object that was thrown at me was certainly not a cracker. It had splinters and hard objects.”

He said, “I have been representing the constituency for over 12-years and had no rivalry with anyone. Barring political ideology during elections, all the leaders in our constituency have been cooperative with each other. Yet, we do not know what the intention was or who was behind the incident.”

Revealing that home minister Basavaraj Bommai had called him to enquire about his condition at the hospital Haris said, “I have also briefed the home minister and explained to him what exactly happened. I have full faith in the police and will cooperate with the police during the investigation.” Haris said that doctors have advised him three to four-days of rest.

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News Network
February 16,2020

Bengaluru, Feb 16: Radhakrishnan V Nair embarked on a journey of exploring complex subjects and opening up the cocoon of existence that puts people in a zone of comfort. One sole mission of the book is to encourage the readers to break out of that comfort zone.

The architect by profession has a novel to his credit, 'The Cave of Freedom' that had earned him critical acclaim from Jnanpith Awardee UR Ananthamurthy. On February 13, a discussion and the reading of his book had the audience riveted to their seats.

The launch of the book on February 13 at Bangalore International Centre was presided over by Bhaskar Rao, Commissioner of Police, Bengaluru, along with Vasudev Murthy, Technology Management Consultant, leadership trainer and author and Ramessh RK, an industrial designer and choir singer who read out passages from the book.

'Radhakrishnan is trying to inspire you to discover the pleasure of breaking the glass barrier along with the protagonist Dr Prateek. The story 'burst out'", said Radhakrishnan when it could not be contained any longer.

The glass ceiling saw a lot of interest from the audience present. The book includes Dr Prateek who is obsessed with saving lives in the Emergency Room (ER) as the world slept. Then on an eerie rainy night, he is kidnapped.

He struggles to come to terms with the improbability of waking up somewhere in Europe and making his serendipitous escape and being back at work the next morning - all physically impossible from the point of view of time and locality.

The glass ceiling challenges you to see tragedies and their impact on a person's mental well-being from a different perspective.

Radhakrishnan V Nair is an architect by profession and runs his Bengaluru-based firm - Archaid, the tagline of which is 'Architecture in Collaboration with Nature'.

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