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
April 20,2020

Hubballi, Apr 20: Dejected over failure to get alcohol for almost one month, a forty-five year old man and his sister died after consuming hand sanitizer in Kalghatgi taluk of Dharwad district on Sunday.

The deceased persons, identified as Basavaraj Venkappa Kuruvinkoppa and Jambavva Kattimani (50) of little hamlet Gambyapur, died at Karnataka Institute of Medical Sciences (KIMS).

The wife of the deceased person has lodged a complaint at Kalghatgi police station stating that her husband had been addicted to alcohol since the last 10-12 years.

Basavaraj and his sister have reportedly consumed hand sanitizer several times since the last 2-3 days, severely deteriorating their health as they felt it is replacement for liquor and has high levels of spirit content.

They were admitted to KIMS only by Sunday early morning after complaining of serious pain in the stomach. The KIMS director Dr Ramalingappa Anthartani said that the deceased appears to have consumed too much sanitizer and the doctors couldn't save their life as they approached the hospital very late.

He also claimed that he is awaiting the postmortem report to know how much quantity of hand sanitizer the deceased had consumed.

"Condition of the patients was very critical when they were admitted to KIMS hospital. It seems that they had drunk too much hand sanitizer for non-availability of liquor. Consumption of hand sanitizer could prove fatal as it has high chemical contents" KIMS director Dr Ramalingappa Anthartani said

The Karnataka government has prohibited the sale of liquor ever since the Centre declared lockdown to control the spread of Coronavirus. This has prompted the alcohol addicts to buy liquor by paying hefty prices in the black market.

But, many poor people in villages have started consuming cheaper hooch and this trade has recently flourished in the rural areas.

Hooch trade has also prompted officials of the excise department to conduct raids in several villages of North Karnataka region. The many theft cases of liquor shops are reported in Karnataka as drunkards have become desperate to get alcohol.

The Karnataka government was planning to allow the sale of liquor after the end of the first phase of lockdown. But, the rising cases of Corona positive cases has prompted it to extend the ban on liquor sale until May 3.

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News Network
April 11,2020

Bengaluru, Apr 11: Karnataka Library Department’s mobile application, which is said to be the first of its kind initiative in the country has seen an exponential growth in downloads during the COVID-19 lockdown, a senior Minister said on Friday. The main reason that the application is growing is due to the heavy students demand as schools and colleges are closed during the 21-day nationwide lockdown.

Students are relying on online material for their studies as they can’t step out of the house and risk being infected.

The Library Department's efforts to keep readers active through the lockdown time, by prompting them to utilise its e-initiatives is paying off, Primary and Secondary Education Minister Suresh Kumar said.

"The app is seeing exponential increase in downloads since its launch. As many as 16,500 people have taken it; while ten thousand people have downloaded it during this brief lock down time itself," he said.

E-library mobile app was released by the library department on February 26.

There are over one lakh e-books available on department's digital platform ranging from arts, humanity, school curriculum, competitive exams and self help to classic novels - all for free for the readers.

"Its needless to say, the variety of attractive content that is available in the app is creating all the buzz among the public. Not just the books, the app contains over 600 educational videos too," the Minister said in a statement.

Considering that over 16,500 readers have downloaded the app since its launch a couple of months back, its high time, we see this domain as an opportunity for growth, he said, and stressed on the need for better adaptability approaches to the changing times.

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News Network
July 20,2020

Udupi, July 20: A youth, who was under depression after his business came to a halt due to lockdown, has killed self in Kundapura taluk of Udupi district. 

The deceased has been identified as Nitish Shetty (31), son of Prabhakar Shetty, a resident of Giliyaru in Kota area of Kundapura. 

Shetty was running a secondhand car business in Bengaluru. The business had completely stopped due to covid-19 lockdown. 

After returning to his hometown, he could not find any other job. Hence he was under depression. Hence on July 18 he handed himself to death in his house, police said. 

A case has been registered at jurisdictional Kota police station.

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