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
March 18,2020

Bengaluru, Mar 18: Karnataka Congress President DK Shivakumar on Wednesday met the Director-General of Police in Bengaluru and demanded police protection for Madhya Pradesh Congress MLAs and the removal of BJP workers from the hotel in Bengaluru, where the legislators are currently lodged.

"The (Madhya Pradesh) legislators have come here and have requested police protection, that is all. Let the police give them protection, our candidate (Digvijaya Singh) has come, let him meet the legislators. Why are BJP workers protecting them? We know that they are under threat and hence we need to vacate them (BJP workers)," Shivakumar told reporters here after the meeting.

"We will give protection to our men and that is why we are telling them they cannot stop us. They should be in a free and fair position. I have communicated to DGP that BJP needs to vacate," he added.

Earlier today, Congress' Rajya Sabha candidate from Madhya Pradesh and former chief minister Digvijaya Singh was placed under preventive arrest after he sat on a dharna near Ramada Hotel here, allegedly for not being allowed by police to meet the 21 Congress rebel MLAs lodged in a hotel.

"I am a Rajya Sabha candidate from Madhya Pradesh, voting is scheduled for March 26. My MLAs have been kept here, they want to speak to me, their phones have been snatched, the police is not letting me speak to them saying there is a security threat to MLAs," Singh told reporters.

Singh who sat on the dharna with a face mask on said: "We were expecting them to come back, but when we saw they're being held back, messages came from their families...I personally spoke to five MLAs, they said they're captive, phones snatched away, there is Police in front of every room. They're being followed 24/7," Singh said.

The development comes amid the political crisis in Madhya Pradesh after the exit of Jyotiraditya Scindia from the Congress party.

Scindia's departure was followed by 22 Congress MLAs resigning from the party as well as from the state legislative Assembly.

The resignation of these MLAs has left the Kamal Nath government below the majority mark.

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News Network
July 19,2020

Davangere, Jul 19: A 9-year-old sniffer dog ran 12 km in the night to trace a murder accused and helped the police arrest him in Karnataka's Davangere rural area, an official said on Sunday.

"Doberman Pincher Tunga ran 12 km non-stop from the crime spot at Basavapattana in the city to a house at Kashipur in the rural where murder accused Chethan, 25, was hiding and helped us arrest him on July 17," Davangere Police Superintendent Hanumantha Rai said on phone.

Davangere is 260 km northwest of Bengaluru.

"Though Chethan allegedly shot dead his friend Chandra Nayak with a stolen service revolver on July 10 over sharing the booty (gold ornaments) of the theft they had committed recently with two others. We took female dog Tunga to the crime spot on July 16. She led the sleuths to the area where Chethan was hiding with two accomplices," Rai recalled.

While trained sniffer dogs normally run 4-5 km from a crime spot, Tunga could track the accused 12 km away.

When Tunga's handler (Head Constable Prakash) took her to the crime scene at 9.30 pm, she sniffed around and ran 12 km non-stop to Kashipur. She halted at a wine shop and went to a food joint later. Then she stopped at a house nearby at 12.30 am.

The prime accused (Chethan) was present in the house of his relative. He was arrested after he confessed to the theft and the murder.

The police are on the hunt to trace Chethan's two accomplices who fled from the house they were hiding in.

Karnataka Additional Director General of Police (law and order) Amar Kumar Pandey felicitated Tunga on July 17 at a function here for cracking the murder case with its exceptional sniffing traits.

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coastaldigest.com web desk
June 9,2020

With the steep hike in excise duty in the past couple of months, an average consumer of petrol now pays over 275% in taxes to centre and states on a litre of the fuel.  The base price of petrol is just about Rs 18. The taxes are close to Rs 50 and the pump price is over Rs 72.

India imports 85% of all its crude oil demand.  After a steep hike in excise duty in the past two months despite a hold on daily price revisions by the oil public sector undertakings (PSUs), Indian consumers now pay 275% collectively in excise duty to state and centre. 

The central government hiked excise on petrol and diesel by Rs 10 and Rs 13 respectively last month. The excise duty on petrol is taxed around Rs 33-a-litre while the same on diesel it is Rs 32.

The Value-Added Tax (VAT) on both petrol and diesel is Rs 16.44 and Rs 16.26 respectively. Both the taxes together are around Rs 49 while it is sold at petrol pumps at 73-per-litre.

These two taxes cumulatively account for 69% of tax which is higher than anywhere else in the world. The same is taxed at 19% in the US, 47% in Japan, UK 62% and 63% in France. The government does not pass on the benefit of lower crude oil prices to the customer.

It is to be noted that Indian consumers continued to pay Rs 70-a-litre even when crude oil prices hit a paltry US $ 20-a-barrel on April 12.

Former finance minister and Congress leader recently took a jab at the Centre over rising prices stating, “Fuel selling prices raised twice in two days, following tax hikes two weeks ago. This time to benefit oil companies. Government is poor, it needs more taxes. Oil companies are poor, they need better prices. Only the poor and middle class are not poor, so they will pay”.

Comments

Lovely indian
 - 
Wednesday, 10 Jun 2020

Acche din for modi bakth....lets enjoy

 

you need only ram mandir and NRC

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