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 23,2020

Udupi, Feb 23: Karnataka's minister for Tourism and Culture CT Ravi on Sunday said that India is losing money as because people travel abroad to visit casinos.

Arguing that casinos are being used by countries to promote tourism, he took to Twitter to highlight the issue, saying, "During my interaction with FKCCI, I had mentioned that many countries have promoted Tourism through Casinos. Isn't it a fact that lakhs of Indians go abroad to play in Casinos? Can anyone stop them? At the moment, there is no proposal before Our Govt to set up Casinos here,' he tweeted in the morning.

He also urged the Central government to stop people from visiting abroad.

Yesterday, the minister had stated that he has no intention of developing "casino tourism" in the state.

"I only expressed my opinion on how other countries have promoted tourism, during a discussion. Casino tourism is one such thing, I have no intention of developing it here," Ravi had told media when asked to comment on Karnataka government's proposal of casinos in Coastal Karnataka.

"What I meant was many Indians go and spend there, our money should be spent here itself," he had said.

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News Network
January 17,2020

Mangaluru, Jan 17: An auto-mobile shop at Deralakatte here caught fire on Friday incurring huge loss on the shopkeeper.

According to police, the incident happened in the morning when the shop owner opened the shop.

Locals suspect that miscreants might have set the shop on fire and had escaped from the scene at night.

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News Network
June 26,2020

Bengaluru, Jun 26: The National Restaurant Association of India (NRAI) on Thursday came up with a Standard Operating Procedure (SOP) for restaurants whereby among other physical distancing norms, it has suggested a 2-metre gap between tables.

Formulated in partnership with Releski, a Bengaluru based skill-tech company, the SoP suggests that in case of back-to-back seating, people sitting with their backs towards each other will have their seats divided by 'Plexiglass' divider raised up to 2 meters from the ground.

"In a typical restaurant, the improvised seating plan should have a minimum distance of 2 metres between tables. The distance of 2 metres (6 feet) between tables should measure from one edge of the table to the other table's edge," it said.

In case of loose or free seating such as in banquet style or food court style seating, a minimum 2 meters of distance should be maintained between tables.

The guidelines noted that, to encourage physical distancing, restaurants have to sacrifice their seating capacity, to promote health and safety, and also to gain trust from their patrons.

"In order to perform this, divide your restaurants under different sectors. Pull out your restaurant's floor plan and colour code different sections red and yellow. Red sections are potential areas where maximum footfall or traffic is observed. Yellow sections are areas where the footfalls are average," it said.

All the red sections are encircled or bordered by placing barricades or Q manager and will open at specific points to access the yellow section and all the opening points will have hand sanitisers and sprays, and every guest who walks from red zones to yellow zones will sanitise himself/herself to reduce the chances of contamination.

For air conditioning, the guidelines of CPWD shall be followed which inter alia emphasises that the temperature setting of all air conditioning devices should be in the range of 24-30 degree Celsius, relative humidity should be in the range of 40- 65 per cent, intake of fresh air should be as much as possible and cross ventilation should be adequate, the guidelines suggested.

The industry body has also suggested appointment of a COVID-free Ambassador who would operate as the Chief Health Officer within the restaurant team, preferably from the management team in each shift.

The ambassador's would put the new daily work routines into practice, to monitor compliance with good practice and to lead the preventative measures, adapt to health & safety recommendations and requirements of the restaurant and oversee the implementation of the norms.

Anurag Katriar, President of NRAI and CEO & Executive Director of deGustibus Hospitality, said: "Every restaurant cutting across formats is facing the harsh reality of subdued to shut business volumes in the present and the uncertainty of business environment in the future. One thing is certain that hygiene and safety will be a key differentiator in the post-pandemic restaurant operations."

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