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
July 5,2020

Bengaluru, Jul 5: Karnataka Chief Minister BS Yediyurappa has announced an ex-gratia of Rs 5 lakh each for the families of a youth and a child, who died due to a landslide at Gurupura in Mangaluru.

"The Chief Minister announces Rs 5 lakh each compensation to Safwan (17) and Shehla (10) who died due to landslide at Gurupura, Mangaluru. Houses will also be built for people who lost houses at Bodanthilla, Dakshina Kannada," an official said.

The incident occurred on Sunday afternoon.
The State Disaster Management Authority said that 57 people and 262 animals lost their lives in flood, rainfall and lightning-related incidents in Karnataka between April 1, 2020, and July 5, 2020. 

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News Network
March 21,2020

Bengaluru, Mar 21: Appealing for support to the Prime Minister's call for observing 'Janata Curfew' on Sunday to contain the outbreak of COVID-19, Karnataka Chief Minister B S Yediyurappa has asked people not to come on roads immediately after the end of curfew time as it can nullify the measure.

Noting that people have extended both moral and societal support to this unique curfew, he said "Now, my appeal to people on behalf of Prime Minister Narendra Modiji is, don't come on roads and out of your dwellings immediately after nine in the night when curfew time ends. Remain settled in your houses and bungalows avoiding all public appearances on roads and other public places."

"Your coming out in open can nullify the 14-hour measure to contain the spread of virus. As a co-operation to authorities and the society, please remain indoors and stay with your near and dear ones," he said in a release.

Calling for "resolve and restraint" to fight the virus, the Prime Minister during his address to the nation on Thursday had asked the entire country to observe 'Janata curfew' on Sunday.

Calling for a 'Janata curfew' on March 22 from 7 am-9 pm, Modi had said no citizen, barring those in essential services, should get out of their house, and asserted that it will be a litmus test to show how much India is ready to take on the challenge of the coronavirus pandemic.

Stating the Karnataka government has so far been dealing successfully in containing the Covid-19 virus, Yediyurappa said this has happened because of people's co- operation.

He also asked people not to forget to involve in a bout of applause as a mark of appreciation to people involved in containing the spread of the virus and treating those affected by it.

Three new COVID-19 cases have been confirmed in Karnataka on Saturday, taking the total number of infections to 18 in the state.

Comments

Kannadiga
 - 
Sunday, 22 Mar 2020

Support Kerala Chief minister for how wise and perfect financial support. I/o  forcing the state citizens for a use less claping program

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coastaldigest.com news network
June 13,2020

Mangaluru, June 13:  The Central Crime Branch of Bengaluru City Police, which is digging up old cases involving underworld gangster Ravi Pujari, has now launched a fresh probe into the murder of human rights lawyer Naushad Kashimji.

Kashimji was gunned down on April 9, 2009 at the basement of his apartment in Falnir in Mangaluru. Ravi Pujari had allegedly ordered the hit. 

As part of investigation, a team from Benglauru CCB has come to Mangaluru. CCB sleuths, who obtained Pujari’s police custody in connection with this case, are tying up the loose ends pertaining to the murder of Kashimji who was representing D-Company hitman Abdul Rashid Hassan Malbari aka Malbari. 

Pujari was said to be unhappy over Kashimji representing Malbari. Pujari had also allegedly issued life threats, directing him to desist from doing so.

Kashimji had reportedly received more than 10 international threat calls from March 30 to April 9 (the day he was murdered). According to a senior police officer, the advocate had not informed the police or his then senior Purushottam Poojary about receiving the threat calls. “This came to light when police went through his call records later,” the officer explained.

“CCB team is primarily focusing on Pujari’s role in the advocate’s sensational murder,” a senior CCB officer handling the investigating said. 

“We have also lined up other cases in which Pujari is allegedly involved, but had filed the chargesheet against him in absentia as he was then a fugitive,” the officer added. The team is now picking up threads of Pujari’s involvement cases in Dakshina Kannada, Udupi and Chikkamagaluru districts.

Pujari, currently in police custody in Bengaluru, is accused in more than 30 cases reported in Mangaluru from 2007 to 2018. Majority of the cases against Pujari pertain to extortion and extending death threats, one relating to murder, three to shootings/ abduction and one where he supplied money to his henchmen in prison. Police have filed ‘C’ report in 17 out of 28 threat call cases and ‘B’ report in one case. Rest are in different stages of trial.

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