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 29,2020

Mysuru, Feb 29: More than 7,000 industrialists and entrepreneurs have left the country due to a deficit of trust, and incidents like the violence that rocked northeast Delhi will only affect the economy further, Sri Sri Ravi Shankar, founder of Art of Living Foundation, said on Friday.

Sri Sri was speaking at a corporate wellness conference on the theme, 'Wellness and Wellbeing for a Progressive Nation', hosted by CII in Mysuru. He said an atmosphere of fear and mistrust pervades the country and does not augur well for the economy.

"Bankers, too, are suspicious of everyone and not extending loans to industrialists. This has posed lots of problems," he said. "This attitude among bank officials should go as life depends on trust. When there is a deficiency of trust, there is a possibility of the economy slowing down," Sri Sri added

He said society is now facing two important issues - aggression and depression. "Some people stage protests and pelt stones which happened recently in Delhi. This is really unfortunate," he said, adding, "Fear lurks in the nation's capital, which is being used by many to create terror. This will affect the economy. No country will prosper without peace."

Wellness is the need of the hour, he said, adding, "Corporates used to spend half their health to gain wealth and spend half their wealth to regain their health. This isn't good economics. We have to talk and convince people to invest in wellness."

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coastaldigest.com news network
May 8,2020

Mangaluru, May 8: After continuous pressure on Union government from Karnataka NRI Forum- UAE, the first special flight carrying 180 Kannadigas who stranded at UAE due to Covid-19 pandemic will fly from Dubai to Mangaluru on May 14.

The special flight will take off from Dubai at 4.10 p.m. UAE time to reach Mangaluru at 9.10 pm IST on May 14. Earlier it was reported that the flight will operate on May 12. However, sources of Mangaluru International Airport and Air India today confirmed that first flight will be on May 14.

The state government has directed Dakshina Kannada and Udupi districts authority to quarantine all passengers once they reach.  

All Kannadigas will be given permission to travel back home only after they test negative in Covid test at Dubai airport.

In fact, Karnataka was missing in the list of states to receive special flights when Ministry of External Affairs arranged them to bring stranded Indians at UAE. Special flights were arranged only to Kerala and Tamil Nadu people stranded at UAE in the first stage.

Thanks to Karnataka NRI Forum of UAE which opened helpline (https://uaekannadahelpline.club) to seek assistance to Kannadigas, nearly 2000 Kannadigas have registered for assistance in which 127 pregnant women, 27 senior citizens, 700 people who have lost jobs aftermath of coronavirus sought assistance from NRI forum.

After providing food and shelter to Kannadigas who lost jobs at UAE since March 2020, NRI forum put pressure on both state and Centre to arrange special flights to send them to home. 

The NRI Forum has approached Indian Consulate at UAE and chief minister BS Yediyurappa to evacuate Kannadigas, but got no response. Following this, Karnataka NRI Forum President Praveen Shetty approached Union Minister for Chemicals and Fertilizers DV Sadananda Gowda for help. Gowda immediately responded the call and he spoke to MEE to arrange special flight for Kannadigas as well.

Indian government has promised to arrange special flight to Mangaluru or Bengaluru by next week to bring Kannadigas.

Comparing to other Indian States, Karnataka has the highest number of its people working in UAE. Around 1.25 lakhs Kannadigas are working in UAE in which majority are working classes. Due to Covid-19 pandemic thousands of workers have lost jobs, Mr. Shetty explained.

"Indian government had arranged special flights from US, UK, Singapur and other countries to bring back Indians, but excluded UAE in the list. Actually, lakhs of Indians are working in UAE as labourers and in odd jobs, the government should have given first priority to bring labourers rather rich one", he opined.

"BJP has 27 MPs from Karnataka. We continuously requested all BJP MPs and state government but none of them came to our help. Thanks to Mr Gowda for his timely intervention to bring stranded Kannadigas", Mr Shetty said. 

Comments

Prarthana Prab…
 - 
Friday, 8 May 2020

Dear Sir/ Madam,  we are struck in the US for over 2 months due to Tavel restrictions imposed by India. I have incurred huge expenses for our stay here and would like to go back to our country as soon as possible. I have a small children and aged parents back home to take care. They are finding difficult cope with the situation as I am the sole bread earner in the family. Appreciate if you can help me at the earliest.

 

Priyanka Prabh…
 - 
Friday, 8 May 2020

Dear Sir/ Madam,  we are struck in the US for over 2 months due to Tavel restrictions imposed by India. I have incurred huge expenses for our stay here and would like to go back to our country as soon as possible. I have a small child and aged mother back home to take care. They are finding difficult cope with the situation as I am the sole bread earner in the family. Appreciate if you can help me at the earliest.

 

 

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News Network
February 29,2020

Bengaluru, Feb 29: Dreaded underworld don Ravi Poojary's lawyer Dilraj has allegedly been kept out of hearing distance and as a mute spectator during interrogation by the police.

"The lawyer is a mute spectator out of hearing distance from the interrogation. He is not privy to what police ask Pujari," a source told media.

As directed by the court and requested by Poojary, Dilraj is allowed to be present near the interrogation for him to consult on legal issues, but the cops have made sure that he does not hear anything for fear of leaking information.

The court has also ordered the interrogation to be video graphed, which the police are carrying out.

Police sources said that Ravi Poojary is relaxed and cool during the multi-lingual interrogation.

"He is cool, giving frank replies. Poojary is exhibiting confidence in whatever he is telling. Maybe confidently lying, police are not new to him," said the source.

According to source, the gangster knows how to handle police, with sufficient knowledge to reveal how much he wants to, when to stop, when to talk, when to mislead and plant false information.

"Poojary is being interrogated in his mother tongue Kannada, Hindi and English. He is fluent in English," the source said.

However, the source denied speculation gaining currency that Poojary requested police not to send him to Mumbai fearing of being eliminated by the henchmen of dreaded underworld dons Dawood Ibrahim and Chota Rajan.

"Nothing of that sort happened. It doesn't work like that. He has been captured after 25 years, and he is not a king to choose. Wherever the law takes him, he will go there," said the source.

Rajan is serving a life sentence inside a high security cell in Delhi's Tihar jail.

Currently, the probe is focused on Tilknagar Shabnam Developers double murder shootout case. Police are discovering information, verifying it with respect to evidence and building the case.

Taking regular breaks, police are interrogating Poojary from morning till evening.

Of the over 200 cases against Poojary in the southern state, 39 are in Bengaluru, 36 at Mangaluru, 11 in Udupi on the state's west coast and one each at Mysuru, Hubballi-Dharwad, Kolar and Shivamogga in Malnad.

The other cases are in Mumbai (49) and in Gujarat (75) pertaining to extortion, kidnapping, ransom demand and murder threats.

Poojary also extorted huge amounts from popular Bollywood stars and realtors. He was also involved in an attempt to murder case, aimed at killing a prominent lawyer of Mumbai.

A four-member Karnataka police team led by Pandey brought the 52-year-old underworld don to Bengaluru from Dakar in Senegal via Paris in an Air France scheduled flight during the wee hours and kept him at an interrogation centre in the city's south-east suburb.

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