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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coastaldigest.com news network
June 11,2020

Mangaluru, June 11: The Saudi Arabia based Expertise Contracting Company, which is repatriating its employees to India and other countries, today allocated around 90 seats of one of its chartered flights to Kannadigas stranded in Saudi Arabia. 

The Gulf Air flight took off with around 175 passengers on board from Dammam International Airport around noon local time. It is expected to land at Mangaluru International Airport at around 7 p.m. Indian time. 

In fact the company had chartered the flights only to repatriate its employees. However, due to the lack of special flights under Vande Bharati Mission, the company decided to help the other stranded Kannadigas in Saudi Arabia, who had approached Saudi Kannadigas Humanity Forum for help. 

A company official said that around 2,000 employees from various countries in the Indian subcontinent are being repatriated, of which 1,665 are Indians.  Already hundreds of them have reached India, and hundreds are still waiting for repatriation. 

“We are grateful to Expertise for allowing to travel in the flight which the company had chartered to repatriate its own employees,” said one of the passengers before boarding the flight at the airport.  

Director of Expertise, KS Shaikh said the 20-year-old Expertise group, one of the largest conglomerates in the GCC operating in petrochemical and heavy equipment sectors, has more than 10,000 employees and their family members in the Gulf, mainly in Jubail, one of the largest industrial cities.

Of these, the company has chosen over 2,000 employees for the covid-related repatriations considering various emergencies. He said 12 chartered flights have been engaged to carry out the repatriation exercise to the Indian subcontinent.

Comments

Mohammed Arbaz alam
 - 
Saturday, 13 Jun 2020

DUBAi se delhi normal flights kab chalu ho ga ham log bhaut parsan hai 

3 months ho geya room nahi Pia's a nahi dawa ke liya paisa nahi hai khane 

Ke liya nahi hai

Nagendra Dm
 - 
Saturday, 13 Jun 2020

Dear sir am working in saudi Arabia before two months now no job please bring me back 

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News Network
February 25,2020

Hubli, Feb 25: A Hubli court in Karnataka has sent to police custody till February 28 three students from Jammu and Kashmir, who were booked under sedition charges for raising pro-Pakistan slogan in a video shared on social media.

A second Joint Magistrate First Class (JMFC) court on Monday sent the three students, identified as Basit Ashik Sophi (19), Talib Majid (19) and Amir Mohiuddin (23), to police custody till February 28 for questioning in the matter.

The court directed the police to make the accused undergo a medical evaluation before the interrogation and produce the medical certificates in the court before the next hearing.

The three students were last week transferred to Belgaum Hindalga jail from Hubli sub-jail and the case, registered in Gokul Road police station, was also transferred to the rural police station because the video was recorded in the college hostel room which is in the latter's jurisdiction.

The Kashmiri students were under judicial custody since February 17 following their arrest for raising pro-Pakistan slogans and posting a video of the same on social media on the night of February 16. 

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News Network
January 26,2020

New Delhi, Jan 26: On the occasion of the 71st Republic Day, Karnataka state's tableau depicted the philosophy of Basaveshwara and the concept of Anubhava Mantapa (Centre for Experience), which was the socio-religious centre that existed in the present-day Basava Kalyana of Bidar district in Karnataka.

It is regarded as the first religious parliament in the history of mankind.

This 12th-century centre has a special significance in the history of humanity, as it represents composite culture, philosophy, spirituality, equality among other universal human values.

These values were propagated by the saint and social reformer- Basaveshwara and other sharanas- followers of Basava philosophy of the socio-religious movement.

It is significant that representatives of Anubhava Mantapa were nominated based on their spiritual attainment, regardless of caste, class and sect they belonged and thus discarded the differentiation of human beings as higher or lower, on the basis of birth, occupation and gender.

The front part of the tableau has the replica of Basaveshwara preaching his most cherished value - "Work is Worship".

For Republic Day Parade 2020, a total of 56 tableaux proposals (32 from states/UTs and 24 from Ministries/Departments) were received. Out of these, 22 were shortlisted for participation in the Republic Day Parade 2020.

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