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 30,2020

Bengaluru, Apr 30: Four ministers of Karnataka have gone into self-quarantine after they got here in touch with a video journalist of native channel who has examined optimistic for COVID-19. The listing contains state’s Deputy Chief Minister Dr Ashwath Narayan.

All 4 introduced the quarantine on Twitter.

Mr Narayan, dwelling minister Basvaraj Bommai , medical training Minister Dr. Sudhakar and tourism minister CT Ravi tweeted to say that they’ve examined detrimental for coronavirus however will likely be beneath self-quarantine.

They mentioned they got here in touch with a video journalist from a neighborhood tv channel  who was discovered COVID-19 optimistic on April 24. He had met the ministers between April 21 and April 24.

At least 40 different contacts of the video journalist, together with his household and journalists from numerous media retailers have been quarantined, reported news agency.

Earlier this month, Gujarat Chief Minister Vijay Rupani put himself in quarantine after an MLA who attended a gathering with him turned out to be coronavirus-positive.

Karnataka to date had 532 circumstances of coronavirus. Of them, 215 sufferers recovered and 20 sufferers died.

Earlier immediately, the state authorities determined to chill out lockdown restrictions in plenty of districts the place the coronavirus has not had a serious affect. The authorities is permitting industries to operate in these areas with sure circumstances.

The listing contains spots in Chamarajnagar, Koppal, Chikmagaluru, Raichur, Chitradurga, Hassan, Shivamogga, Haveri, Yadgir, Kolar, Udupi, Davanagere and Kodagu districts.

Manufacturing will likely be allowed within the particular financial zones in these districts and standalone outlets exterior municipal limits will likely be allowed to operate.

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News Network
March 25,2020

Kalaburagi, Mar 25: Three coronavirus suspect persons who did not stay home during their mandatory 14-day quarantine period had first information report (FIRs) booked against them in police stations in Kalaburagi town in Karnataka.   

The district administration took this action after it came to know that the three pesons were mingling in the public despite being told to stay home to avoid passing on the coronavirus.

Cases have been booked against them under IPC sections 188 and 271, deputy commissioner B Sharath said.

Stringent action would be taken against them, he said, for not only threatening the health of their family members but society at large.

“The administration will stop at nothing to safeguard public health in this time of emergency,” Sharath said.

People moving around on motorbikes without a proper reason will have their bikes seized. Prohibitory order under Section 144 of CrPC will remain in force until further orders, he said.  

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News Network
March 5,2020

Mar 5: The Karnataka government on Thursday proposed to increase rate of tax on petrol and diesel by three per cent which would make the fuel dearer by Rs 1.60 and Rs 1.59 per litre, respectively.

Presenting the 2020-21 budget in the Legislative Assembly, Chief Minister B S Yediyurappa proposed to increase rate of tax on petrol from 32 per cent to 35 per cent and diesel from 21 per cent to 24 per cent, as part of additional resource mobilisation measures.

Yediyurappa, who also holds the finance portfolio, increased excise duty on Indian Made Liquor (KML) across 18 slabs by six per cent.

However, to promote affordable housing, the government proposed to reduce stamp duty on first time registration of new apartments/flats costing less than Rs 20 lakh from existing five per cent to two per cent.

This is the first budget of the BJP government after coming to power last year; it's the seventh presented by Yediyurappa.

"For the year 2020-21, a total amount of Rs 55,732 crore is provided for stimulating economic growth sector", the Chief Minister said.

He said the revenue collection target for the Commercial Taxes department for the year 2020-21 is fixed at Rs 82,443 crore.

Stating the government had fixed a revenue target of Rs 20,950 crore for the excise department for the year 2019- 20, he said at the end of February Rs 19,701 crore had been collected.

"We hope to achieve the budget target."

He also hoped with the increase in rates and effective enforcement and regulatory measures, the Excise department would be achieving the target of Rs 22,700 crore fixed for the financial year 2020-21.

On the transport sector, Yediyurappa said it is proposed to levy motor vehicle tax on contract carriages having seating capacity to carry more than 12 passengers, but not more than 20 passengers at the rate of Rs 900 per seat per quarter.

He said it is also proposed to levy vehicle tax on new model sleeper coaches which are granted permits under section 88 (9) of MV Act 1988 at the rate of Rs 4,000 per sleeper per quarter.

Noting that a target of Rs 7,100 crore revenue collection is expected to be achieved in 2019-20 in transport sector, he said for 2020-21 revenue collection target has been fixed at Rs 7,115 crore.

He said the revenue collection target for 2019-20 under stamps and registration was fixed at Rs 11,828 crore and against this Rs 10,248 crore has been collected till the end of February 2020 which is 87 per cent of full year target.

While the revenue collection target for 2020-21 under stamps and registration is fixed at Rs 12,655 crore.

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