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
May 1,2020

Bengaluru, May 1: The Karnataka government on Friday issued a show cause notice to an IAS officer over his recent tweet about coronavirus-cured Tablighi Jamaat members donating plasma for treatment of other patients.

The officer, Mohammad Mohsin, was in the news last year after the Election Commission suspended him for trying to inspect Prime Minister Narendra Modi's helicopter during his visit to Odisha in April. He was deployed as a poll observer.

"More than 300 Tablighi Heroes are donating their plasma to serve the country in New Delhi only. What about? #Godi Media? They will not show the works of humanity done by these heroes," Mohsin said in a tweet on April 27.

A 1996 batch IAS officer from Karnataka cadre hailing from Bihar, Mohsin is currently serving as a secretary in the Backward Class Welfare Department.

The state government said the show cause notice has been issued to the officer in connection with his tweet.

"The adverse coverage this tweet has got in the media has been taken note of seriously by the government, given the serious nature of COVID-19 and the sensitivities involved," the notice, which was accessed by PTI, stated.

The government has sought a written explanation from the officer within five days for violating the All India Services (Conduct) Rules, 1968.

It warned of action against Mohsin as per the All India Services (Discipline and Appeal) Rules, 1969 if he fails to submit his reply before the deadline.

"The Karnataka government has made it clear that it would not hesitate to act even against powerful functionaries if their actions are damaging to the harmony in the state at a time when all are united in fighting COVID-19," a senior state bureaucrat said.

The Tablighi Jamaat, an Islamic missionary group, shot into the limelight early this year after thousands of its members who attended a congregation in south Delhi's Nizamuddin in March tested positive for coronavirus.

After attending the event, the group's members travelled to various parts of the country, with many of them carrying the virus.

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News Network
February 6,2020

Panaji, Feb 6: Goa Chief Minister Pramod Sawant on Wednesday told the Legislative Assembly that neighbouring Karnataka has diverted the Mahadayi river water, due to which its flow in the state has taken a hit.

He was speaking during a debate on the motion of thanks to Governor Satya Pal Malik for his address.

Goa and Karnataka are locked in a dispute over sharing of the Mahadayi river water. Goa is strongly opposing the Kalasa Banduri project proposed to be built by Karnataka on the river, which is aimed at providing drinking water to three north Karnataka districts by diverting the Mahadayi water into the Malaprabha river.

Speaking in the House, Sawant said that the flow of Mahadayi river has reduced due to the diversion of water by Karnataka.

"I am admitting that they (Karnataka) have diverted the water. We have brought it to the notice of the Union Ministry of Environment, Forest and Climate Change," he said.

The Goa government has explained to the Centre that the water which flows into the state is "not wasted".

"We have told them that the perennial flow of water is necessary for Goa's wildlife," he said.

Sawant said that his government was serious on the issue of Mahadayi.

"Mahadayi is more than a mother to me. We have not compromised anywhere on the issue. I have been associated with the Mahadayi agitation since 2000," the chief minister said.

He said the issue would be fought before the Supreme Court, where special leave petition has been filed by the state.

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News Network
June 10,2020

Bengaluru, Jun 10: The Karnataka government on Wednesday said coronavirus tests conducted in the state has crossed the four lakh mark, while the recovery rate remained at 44 per cent.

Sharing the daily COVID-19 bulletin on his Twitter handle, Medical Education Minister Dr K Sudhakar said till Tuesday 4,00,257 samples were tested in 71 COVID-19 testing labs across the state.

"Karnataka crossed 4 lakh tests mark on Tuesday. So far, we tested 4,00,257 samples in 71 #COVID19 testing labs across the state with a positivity rate of 1.4 per cent," he said.

He tweeted that the state's recovery rate remained healthy at 44 per cent with 2,605 discharges and 5,921 cumulative cases.

The minister said Karnataka was home to nearly a tenth of the total testing labs in India.

According to the Karnataka Health department, out of the four lakh odd samples tested, 3,87,027 samples were reported negative.

The total active cases in the state as on Tuesday evening were 3,248 whereas 66 people lost their lives to coronavirus so far.

Major contributors to the spike in COVID-19 cases in Karnataka are those who returned from Maharashtra recently.

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