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 19,2020

Bengaluru, Feb 19: Congress MLA UT Khader on Wednesday slammed the Central government over the enactment of the Citizenship (Amendment) Act and said it violates the Constitution.

"The new citizenship amendment bill is unconstitutional. The citizenship cannot be given on cast and creed basis. Because of these things we are fighting against it," he said while speaking to media in Bengaluru.

Opposition along with several non-BJP state governments, including Madhya Pradesh, West Bengal, Kerala, Punjab and Rajasthan have refused to implement the Citizenship Amendment Act (CAA) and the proposed NRC in their respective states.

The CAA grants citizenship to Hindu, Sikh, Jain, Parsi, Buddhist and Christian refugees from Pakistan, Afghanistan and Bangladesh, who came to India on or before December 31, 2014.

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News Network
February 14,2020

Bengaluru, Feb 14: A 31 -year-old Bhojpuri dancer and another girl were rescued from human traffickers after the former alerted city police on landing at Kempegowda International Airport (KIA) on Tuesday. They were to be received by a woman named Preethi at the airport.

The dancer had been told she was supposed to perform a few stage shows in the city, which has a significant Bhojpuri-speaking population. But when she realised she is likely to be pushed into flesh trade, she raised an alarm.

The woman, Radha (name changed), is a mother of four children and the lone breadwinner of the family. A few months ago, Radha came in contact with a woman named Soniya in New Delhi during a dance performance. Last month, Soniya got in touch with Radha and offered to pay Rs 40,000 per month if she performed in Bengaluru.

Radha agreed and was sent to Bengaluru from Chandigarh along with the other girl. During the journey, she learnt she was supposed to do more than just perform on stage. A shocked Radha informed the Central Industrial Security Force personnel manning KIA that she feared being pushed into prostitution. KIA police were informed and the women were rescued. Preethi was arrested.

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News Network
January 2,2020

Bengaluru, Jan 2: The Congress leadership in Delhi is expected to start the process of selecting a new party chief for Karnataka next week. There are strong indications the race has narrowed to DK Shivakumar and MB Patil.

Party insiders said the leadership almost finalised Shivakumar’s name as the president of Karnataka Pradesh Congress Committee (KPCC), but the decision was put on hold after requests by some senior members.

“It’s not that we are against Shivakumar. We think the party should have a Lingayat at the helm since community strongman and chief minister BS Yediyurappa is at the fag end of his long political career. There’s an opportunity here for a Congressman to occupy that space,” said a senior Congress politician, who didn’t want to be named.

That’s where the candidacy of Patil, a Lingayat, scores high.

The party, however, doesn’t want to compromise on quality and wants an efficient KPCC president who can unite two rival factions within the party, one led by Siddaramaiah and another by former union minister KH Muniyappa.

The need to pick a new state president arose after Dinesh Gundurao resigned from the post last month, taking moral responsibility for Congress’s poor showing in the byelections. Siddaramaiah also stood down as Congress party legislature leader.

The insiders said the new KPCC chief could be announced after January 16. The party might also appoint two working presidents and a new legislature party leader, who will automatically become the opposition’s voice in the assembly.

For the latter position, the name of senior Dalit politician and former deputy chief minister G Parameshwara is doing the rounds. But the party, the sources said, could still ask Siddaramaiah to reconsider his decision and stay on.

Many Congress members had raised questions over his stewardship after the bypoll disappointment. They said on his watch, the party had also fared badly in the assembly and Lok Sabha elections, demanding that he be held accountable.

Siddaramaiah is expected to visit Delhi next week to discuss the leadership issue with party boss Sonia Gandhi. Some other senior Congress members, including BK Hariprasad, are also likely to meet her.

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