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 2,2020

Bengaluru, June 2: A television anchor allegedly committed suicide after her boyfriend refused to marry her.

29-year-old Chandana V K made a selfie video before taking the extreme step, in which she blamed her boyfriend Dinesh for her decision.

The Suddaguntepalya police have taken up a case of abetment to suicide against Dinesh and his family, including his father Lokappa Gowda, mother Gayatri, sister Shyla and uncle Swamy alias Dayananda. The police have formed a team to nab the accused who are absconding.

Chandana, who used to also appear in real estate advertisements, was a resident of Krishnamurthy Layout in Tavarekere. She hailed from Belur in Hassan district.

According to a preliminary investigation, Chandana consumed poison after making the video.

In the video clip addressed to Dinesh, she says: "You said if I die, it is good for you. So, I am ending my life and you are the reason for it, Dinesh." She sent the clip to Dinesh, his parents, her parents and friends around 2.30 pm on May 28.

On seeing the video, Chandana's parents alerted her neighbours and asked them to go check on her. They took her to a private hospital where she died while undergoing treatment around 12.30 am on May 30.

In his police complaint, Chandana’s father said his daughter and Dinesh were in a relationship for the past five years. Dinesh had promised to marry her and both the families were aware of the relationship.

Dinesh had borrowed Rs 5 lakh from Chandana. But for the past few months, he began avoiding her and even refused to marry her. His family members told Chandana that they would get him married to someone else, the complaint said. The police said action would be initiated taken against Dinesh and his family.

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News Network
May 10,2020

May 10: Azaan is an integral part of the faith, not the gadget, says veteran writer-lyricist Javed Akhtar, asking that the Islamic call to prayer on loudspeakers should be stopped as it causes "discomfort" to others.

In a tweet on Saturday, Akhtar wondered why the practice was 'halaal' (allowed) when it was, for nearly half a century in the country, considered 'haraam' or forbidden.

"In India for almost 50 years Azaan on the loud speak was Haraam. Then it became Halaal and so halaal that there is no end to it, but there should be an end to it. Azaan is fine but loud speaker does cause of discomfort for others. I hope that atleast this time they will do it themselves (sic)," Akhtar tweeted.

When a user asked his opinion on loudspeakers being used in temples, the 75-year-old writer said everyday use of speakers is a cause of concern.

"Whether it's a temple or a mosque, if you're using loudspeakers during a festival, it's fine. But it shouldn't be used everyday in either temples or mosques.

"For more than thousand years Azaan was given without the loud speaker. Azaan is the integral part of your faith, not this gadget," he replied.

Earlier in March, Akhtar had supported the demand to shut mosques amid the coronavirus outbreak in the country, saying even Kaaba and Medina have been closed due to the pandemic.

He had also appealed to the Muslim community to offer prayers from home in the holy month of Ramzan, which began on April 24.

"I request all the Muslim brothers that now that Ramzan is coming, please say your prayers but make sure that this doesn't cause problems to anyone else. The prayers that you do in the mosque, you can do that at home. According to you, the house, the ground, this all has been made by Him. Then you can do your prayers anywhere," he had said.

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News Network
February 17,2020

Mangaluru, Feb 17: Kambala superstar Shrinivas Gowda, who is drawing comparisons to ace sprinter Usain Bolt, has reportedly refused to take part in athletics trials with the Sports Authority of India.

28-year-old Gowda, who hails from Moodbidri in Dakshina Kannada, was celebrated as a potential Olympian after a clip of his race went viral, amid claims that he had done 100m in 9.55 seconds, against Bolt's record of 9.58. He has so far won 32 medals in 11 kambala events this season.

Union sports minister Kiren Rijiju and SAI said Gowda would appear for trials at SAI's Bengaluru centre on Monday. The government "will do everything to identify sporting talents", Rijiju had tweeted.

"I will meet the Chief Minister. I am keen on continuing in kambala," Gowda said. Asked about the clamour for a crossover into athletics, he said, "For the time being I have no plans to appear for SAI trials. I am busy with the Kambala season and will consider meeting them following that and after consulting my well-wishers."

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