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

Ohhh....whats going on in india under name of democracy....

Strange. SC promoting adultery

Soon rape will be legalised..

No need of marriages and SC should legalise pornography. Should start pornography industry (just like other film industry) in India like US.

Rubbish. What is the point in marriage

Add new comment

Coastaldigest.com reserves the right to delete or block any comments.
Coastaldigset.com is not responsible for its readers’ comments.
Comments that are abusive, incendiary or irrelevant are strictly prohibited.
Please use a genuine email ID and provide your name to avoid reject.

Covid-19: Karnataka police raids 120 shops black marketing food grains

News Network

April 15,2020

Bengaluru, Apr 15: Police on Wednesday conducted surprise raids at nearly 120 shops in Bengaluru following complaints of black marketing and sale of foodgrains above the MRP rate.

Sandip Patil, Joint Commissioner of Police, Crime, Bengaluru in a tweet said that action has been initiated against these shopkeepers.

Though the government has maintained the supply chain of essential items, few shopkeepers have used the lockdown opportunity to charge higher prices for essential items.

Comments

Need tough punishment.

Instead of helping with lesser price, troubling the people. These are cruels.

Add new comment

Coastaldigest.com reserves the right to delete or block any comments.
Coastaldigset.com is not responsible for its readers’ comments.
Comments that are abusive, incendiary or irrelevant are strictly prohibited.
Please use a genuine email ID and provide your name to avoid reject.

ABVP national president accused of harassing woman, urinating at her doorstep

coastaldigest.com web desk

July 25,2020

Chennai, July 25: A widow living alone in her apartment in Chennai city suburbs has filed a police complaint against ABVP national president Dr Subbiah Shanmugam, accusing him of harassment, including urinating and throwing used surgical masks at her doorstep.

Shockingly, no action has been taken so far by the police, even though the complaint against Dr Shanmugam, who is in government service, was filed on July 11 at the Adambakkam Police Station here by the widow’s relative Balaji Vijayaraghavan.

Dr Shanmugam and the 62-year-old widow were living in the same apartment complex in Nanganallur and an argument broke between them over a parking slot. “He wanted to use our parking lot. We agreed but demanded a nominal charge for using it. He was outraged by our demand and even broke our signboard at the parking lot,” Vijayaraghavan wrote in his complaint.

He also alleged that Dr Shanmugam began harassing her by throwing “pieces of chicken” outside her apartment despite knowing she is a vegetarian. Vijayaraghavan also alleged in his two-page written complaint that the ABVP National President had urinated outside the woman’s apartment gate and had been throwing garbage and used masks at her gate.

The 62-year-old woman has been living alone in her apartment for the last year following her husband’s death. In his complaint, Vijayaraghavan also said the family was “concerned about her safety”, while asking police to take action against Dr Shanmugam, who he says, “has a bad track record in maintaining rapport with neighbours.”

CCTV footage corroborates with the allegations of urinating outside the residence of the widow. However, the ABVP claimed the incident as a “malicious and derogatory propaganda” by the Congress’ student wing of NSUI.

Also Read: Finally FIR registered against ABVP national president for allegedly harassing widow

Comments

Add new comment

Coastaldigest.com reserves the right to delete or block any comments.
Coastaldigset.com is not responsible for its readers’ comments.
Comments that are abusive, incendiary or irrelevant are strictly prohibited.
Please use a genuine email ID and provide your name to avoid reject.

Covid-19: Goonda Act will be invoked against those attacking Corona warriors, warns Minister

News Network

April 22,2020

Mangaluru, Apr 22: Dakshina Karnataka District in-charge Minister Kota Srinivas Poojary on Wednesday warned of invoking Goonda Act against those who attack doctors, police or ASHA workers who are involved in the fight against the Covid-19 pandemic.

Addressing a function arranged to distribute food kits to journalists on behalf of SCDCC Bank at the Patrika Bhavan on Wednesday, the Minister said the authorities have been instructed to initiate action without any hesitation against anyone who tries to attack Corona warriors.

It has been observed across the state the incidents of attack and assault on ASHA workers, police and civic workers are increasing hence it was felt the need for severe actions against such elements , he added.

Comments