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
January 22,2020

Udupi, Jan 22: Writer Richie John Pais will be conferred with the Best Konkani Book Award, instituted by Dr T M A Foundation in recognition of his contribution made to Konkani Language and Literature.

According to a statement, the Award carries Rs 10,000 in cash and a citation.

‘Fathor’, a collection of Konkani short stories authored by Richie John Pais was published in 2017 has been chosen for the Dr TMA Foundation Best Konkani Book Award 2018.

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News Network
January 18,2020

Mangaluru, Jan 18: Congress leader Siddaramaiah targeted Union Home Minister Amit Shah soon after he arrived in Bengaluru on Saturday, demanding his answers on various questions pertaining to the state.

In a slew of tweets under the #AnswerMadiShah banner, Siddaramaiah raised issues ranging from the August 2019 floods to the recent police shootout in Mangaluru that killed two people during an anti-CAA protest.

On December 19, Jaleel (45) and Nausheen (24) were killed after the police opened fire during a protest against the CAA.

“Two innocent victims were killed in Mangaluru in what public opinion says that it is a fake encounter. You are the Home Minister of the country. Don't you think adequate investigation has to take place when people cry foul about the incident?” Siddaramaiah asked.

He further asked: “Mr Amit Shah, before investing time to brainwash people to accept your divisive policies, why don't you visit flood-affected areas again and assess if the Central government funds  are sufficient or not?”

The Congress leader pointed out that Chief Minister BS Yediyurappa had claimed that Karnataka suffered losses of over Rs 35,000 crore due to the floods. “But your aid is just Rs 1,870 crore. When are you planning to give the remaining? Will there be any funds left after the implementation of CAA, NPR & NRC?” he added.

The former chief minister brought up the Mahadayi river water sharing dispute. It may be recalled that Shah, in the run-up to the Karnataka Assembly elections in 2018, had promised a resolution to the dispute within six months if BJP was voted to power in the state.

“Mr. Amit Shah, your colleagues give contradictory statements on the initiation of Mahadayi project. Why is there a change in stance after elections? What is your stand on the issue,” Siddaramaiah asked.

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News Network
January 9,2020

Bengaluru, Jan 9: Some BJP workers created a ruckus on Wednesday at a college here while seeking support for the amended Citizenship Act by raising slogans like 'Go back to Pakistan' outside the campus on Wednesday, as girl students opposed a pro-CAA banner on the wall of their institution.

A video of the incident went viral on social media.

A group of BJP workers, supporters of local party leader M M Govindaraj, had put up a poster "India Supports CAA" on the wall of Jyothi Nivas College near Koramangala.

This was opposed by girl students, who said they would not allow any such poster to be put up on the college property.

The BJP workers then tried to shout down the students.

"You are not concerned about citizenship, you are concerned about yourself. You should be concerned about India first. You are not an Indian then," a BJP worker is heard screaming at the girls in the video.

They also questioned the students if they had valid reasons to oppose the Citizenship Amendment Act and sought to know whether they wanted an argument or a debate.

The BJP workers purportedly told the girls that they were only the students of the college and not the owner.

"What's your problem madam with the CAA? Are you the owner of the college?" they asked.

Amid the heated argument, the BJP workers resorted to sloganeering like 'We want CAA' and "Go back to Pakistan', as seen in another video shot by the students.

BTM Layout Congress MLA Ramalinga Reddy visited the college on Thursday after learning about the incident and spoke to its management.

Later, he told reporters that the campus should not be allowed for any political activities.

"Any signature campaign whether in favor or against it (CAA) should be done outside the campus," Reddy said.

He cautioned the pro-CAA protesters he will not let any violent incidents like the one at Jawaharlal Nehru University in New Delhi happen at the city college.

Reddy's daughter Sowmya Reddy, who is the Jayanagar MLA, tweeted, "A few videos & photos of outside #JyotiNivascollege are being circulated on social media."

"MLA Ramalinga Reddy & I have spoken to cops and the Prinicipal about this incident. Spoke to DCP South East Bengaluru and she said that Koramangala cops went there immediately & they are picketing even now," she added.

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