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 25,2020

Bengaluru, May 25: Heavy rain accompanied by strong winds that lashed Bengaluru last evening left hundreds of trees uprooted near the BTM layout and other areas.

The India Meteorological Department (IMD) has predicted a thunderstorm accompanied with lightning in Karnataka for the next five days.

"Thunderstorm accompanied with lightning at will prevail at isolated places over Gangetic West Bengal, Odisha, Coastal Andhra Pradesh and Yanam, South Interior Karnataka, Kerala and Mahe and Tamilnadu, Puducherry and Karaikal," the IMD said its All Indian Weather Forecast Bulletin.

According to the forecasting agency, due to strong southerly wind from the Bay of Bengal to northeast India at lower tropospheric levels, heavy to very heavy rainfall with extremely heavy falls likely at isolated places over parts of northeastern states.

In addition to that heavy to very heavy rainfall at isolated places over adjoining parts of east India during 24th-28th. "Heavy rainfall at isolated places over parts south peninsular India from May 26th-28th, 2020," the IMD said its All Indian Weather Forecast Bulletin.

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News Network
July 19,2020

Mangaluru, Jul 19: In the wake of the COVID-19 lockdown imposed till July 23, streets in the Dakshina Kannada district here bore a deserted look today (Sunday) morning.

The state government had allowed relaxation hours between 8 am to 11 am in the week-long total shutdown. However today there was no relaxation. 

All shops including those selling essential commodities were also seen closed in the district today. Besides, barricades were also seen stationed at different junctures on the road.

As per Karnataka's COVID-19 information portal, a total of 59,652 coronavirus cases have been reported in the state, including 36,631 active cases and 21,775 recoveries. So far, 1,240 people have died due to the infection in the state. 

Dakshina Kannada so far recorded 3,311 covid-19 positive cases and 75 deaths.

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Agencies
January 9,2020

Alappuzha, Jan 9: The houseboat of Nobel Laureate Michael Levitt was blocked in the backwaters here for some time by trade union activists, who were on a nationwide strike against the Centre's "anti-labour" policies on Wednesday.

Michael Levitt, an American-British-Israeli biophysicist and a professor of structural biology at the Stanford University in the United States, said the incident sent a bad message to tourists.

Levitt, who was in Kerala as a state guest, also said he felt as if a bandit had stopped his wife and him at gunpoint. Police said Levitt, who received the 2013 Nobel Prize in Chemistry, was in Alappuzha with his wife and they were stopped by the protesters near Kainakary.

"Being stopped by criminals on the backwaters sends a very bad message to tourists. It is as if a bandit stopped us at gunpoint and delayed us under the threat of force for one hour," Levitt wrote in an email to his tour agent at Kottayam.

In the email, which was later released to the media, he also said the person who blocked them "ignored all arguments that tourists were exempted" from the strike.

"This person, who did this, ignored all arguments that tourists were exempted and that I am a VIP guest of the Kerala government. He was obviously acting, knowing that he was safe from prosecution. Sadly, this makes me fear that India is sinking into lawlessness," Levitt wrote in the email.

The police registered a case after the houseboat owners filed a complaint in this regard.

Reacting to the incident, state Tourism Minister Kadakampally Surendran said the government would take strong action. "Strong action will be taken against those anti-social elements who stopped the boat. Levitt was here as a guest of the state government. The government had made it clear that the tourism industry was exempted from the strike," he said.

Trade union leaders had also announced that the strike would not affect the tourism industry.

Ten trade unions, including the INTUC, the AITUC and the CITU, had called for the nationwide strike to protest against the labour reforms, FDI, disinvestment, corporatisation and privatisation policies of the Centre and press for a 12-point demands of the working class, relating to minimum wage, among others.

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