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 15,2020

Bengaluru, Jan 15: Srishti Institute of Art, Design and Technology in Bengaluru has decided to remain shut for two days after a group of BJP workers wiped out graffiti on its outer walls claiming it as anti-Modi and allegedly warned them against any anti CAA agitation there.

According to sources, the group led by Yelahanka MLA S R Vishwanath allegedly even towed away some vehicles of students and faculty parked in front of the institute alleging that they were blocking the road and causing inconvenience to the local people.

Some students have alleged that they were threatened by BJP workers and also the institute's authorities regarding the graffiti and the blocking of the road using traffic police.

They even claimed that BJP workers warned them against organising any anti-NRC or CAA protests.

A few local residents are also said to have joined the BJP workers and raised complaints about the conduct of the institute's students.

According to local BJP workers, the MLA and a few party men had gone near the institute on receiving complaints from locals about vehicles parked there blocking the road, and when they came across the graffiti they painted it with saffron paint to avoid any controversy, and there was no altercation as being alleged.

However, there is no clarity on who drew the graffiti regarding Modi, which according to BJP workers allegedly depicted the PM in poor light.

The institute has declared holiday on Thursday and Friday to avoid any further escalation, keeping the interest and safety of students in mind, sources said.

Interestingly, on Tuesday graffiti had appeared overnight on the shutters of some shops and walls on the Church Street against Modi, CAA and NRC, following which the city police have launched an investigation.

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News Network
March 5,2020

Bengaluru, Mar 5: Karnataka chief minister BS Yediyurappa on Wednesday admitted in the legislative assembly that corruption was deep-rooted in government offices and held transfer racket as the root cause of the graft menace.

“Unless we root it out from the system, we can never uphold the spirit of the Constitution and ensure equitable justice to people. If legislators lend support (to this cause), then we can weed out this menace,” Yediyurappa said during a special discussion on the Constitution.

Successive governments have been accused by opposition parties of running a transfer racket, but there’s very little done to institute a probe or order a crackdown following the allegations.

The chief minister’s candid admission came after senior Congress MLA HK Patil, quoting a report from Amnesty International, said 63% of people in Karnataka give bribe to get their work done in government offices. The CM said he agreed with the report in toto.

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News Network
April 2,2020

The Ayodhya police booked a senior journalist on Wednesday for raising questions on Uttar Pradesh Chief Minister Yogi Adityanath's visit to the Ram Janmabhoomi for a religious ceremony amid the lockdown over the novel coronavirus pandemic.

The FIR mentions a tweet by Siddharth Varadarajan, editor of news portal 'The Wire', where he said: "On the day the Tablighi Jamaat event was held, Adityanath insisted a large Ram Navami fair planned for Ayodhya from March 25 to April 2 would proceed as usual and that 'Lord Ram would protect devotees from the coronavirus."

Varadarajan had clarified in another tweet that it was "Acharya Paramhans, Hindutva stalwart and head of the official Ayodhya temple trust, who said Ram would protect devotees from coronavirus, and not Adityanath, though he allowed a public event on 25/3 in defiance of the lockdown and took part himself".

Taking the suo-motu cognizance, Faizabad Kotwali police station incharge Nitish Kumar Shrivastava registered an FIR under sections 188 (disobedience to order duly promulgated by public servant) and 505(2) (statements conducing to public mischief) of the Indian Penal Code for doing "disreputable" comment against the chief minister.

Statement by the Founding Editors of The Wire: pic.twitter.com/frw5oRxw18

— The Wire (@thewire_in) April 1, 2020
Reacting to it, Varadarajan termed the FIR "politically motivated, saying that the offences invoked were not even remotely made out.

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