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 16,2020

Bengaluru, Jul 16: Aiming to forge a citizen-government partnership in combating the Covid pandemic, the Karnataka government is seeking plasma donations from survivors for a token appreciation of Rs 5,000, a minister said on Wednesday.

"I request all those who have recovered from Covid-19 to donate plasma and save lives. As a token of our appreciation, we will give Rs 5,000 to patients who come forward and donate their plasma," said Medical Education Minister K. Sudhakar.

He said the battle against the pandemic can only be won through citizen-government partnership.

On Wednesday, Covid cases swelled by 1,975 infections in Bengaluru, ground zero for the pandemic in the southern state, raising its total number of cases to 22,944, out of which 17,051 are active.

In the past 24 hours, the state as a whole registered a record 3,176 cases, raising Karnataka's tally to 47,253, even as 87 people succumbed to the virus.

Meanwhile, Sudhakar said 8,134 booth level workforce will conduct a house to house survey along with other Covid control measures in Bengaluru.

He said many locals and block level officers will be the members of the workforce.

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News Network
July 25,2020

Bengaluru, Jul 25: Former Karnataka Chief Minister Siddaramaiah on Friday said that the ministers of the BJP-led government in the state avoiding a judicial enquiry into the alleged corruption in procurement of medical essentials "is their height of arrogance".

In a series of tweets, Siddaramaiah said, "Why is the government afraid of judicial enquiry on corruption in procurement of medical essentials? If the ministers are so clean, what is holding them back from initiating investigation? This is their heights of arrogance!!"

He said that there should be a judicial enquiry by a sitting High Court Judge to let people know the facts.

"We will submit our documents and let the government submit their documents. If they are confident, why are they reluctant to initiate an investigation?" Siddaramaiah asked.

"Statment from the PMO says 50,000 ventilators are procured at a rate of Rs 4 lakhs per unit. Is this not true? Will Karnataka BJP ministers say that ventilators under PM CARES are sub-standard and lack quality?" he said.

"There will be both basic and premium models in everything. Even the PMO could have bought Rs. 18 lakh worth ventilator. Why did they buy a Rs 4 lakh worth ventilator? What is the justification from ministers for this?" he questioned.

Siddaramaiah asked that if the Medical Education Department sent a proposal worth Rs 815 crores which is not recomended by experts.
"It is true that Medical Education department has sent a proposal worth Rs 815 crores. It is also true that there is a note on the proposal which says that these are not recommended by experts. What is the significance of this note?" he tweeted.

The former Chief Minister said that if the state government is saying that if ventilators were procured during the tenure of Congress-JD(S) government, they must produce the proof.

"They are accusing us for the ventilators procured during the coalition government. I was not in the government then. If they have documents, let them investigate about that also. Let the truth be revealed," he said.

The Congress leader said that the opposition is not interested in playing politics during the time of COVID-19 pandemic.

"We are not interested in doing politics during COVID-19 pandemic, which is why we have not taken up many other pressing issues. But how can we be quiet when hundreds of people are succumbing due COVID-19 mismanagement?" he asked.

Karnataka on Friday reported 5,007 more COVID-19 cases and 110 deaths. The total number of cases in the state stands at 85,870, including 52,791 active cases and 1,724 fatalities, said the state government's bulletin.

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News Network
May 12,2020

Bengaluru, May 12: Last week, a 28-year-old, eight-months pregnant woman, was found murdered at her house, in Diburahalli. The woman was hacked to death with a machete during the day and was discovered only after her family members returned home, later in the day. After the alleged murder, the accused tried to destroy the evidence, by cleaning the crime scene, and wiping the bloodstains off the walls and floors.

The victim was a homemaker and her husband is employed in the railway department. The police suspected that the murder was a result of someone known to the woman and family, and were soon proved right. The woman was murdered by her own brother-in-law, frustrated with her for allegedly not taking care of his mother and other family members properly.

The victim has been identified as Jyothi, and the accused is her husband’s brother Hareesh Babu, 38. “Jyothi and the accused are alleged to have had differences for the past few years. Their fights kept escalating over the years. She had also informed her family and her husband about the regular fights with the brother-in-law. The accused had been advised by the family, to back off from Jyothi. Owing to his violent streak, Babu’s wife had deserted him and their son. Since his wife’s departure, he had started troubling his brother’s wife and was regularly picked a fight with her.

He complained that Jyothi neglected to take care of his mother and other family members. Investigations reveal these as false allegations, and in fact, Babu’s son was being raised by Jyothi,” said an officer on part of investigations.

Last week, when the victim was resting at home, the accused returned home at around 10.30 am and picked up a fight with her. The fight escalated and Babu ended up hacking her to death with a machete. The victim’s father Nagaraj, at the time of filing a complaint, mentioned Babu’s regular fights with Jyothi and suspected his role in the murder of his pregnant daughter.

The accused, after killing her, had gone to the farm and pretended to not knowing about the the happenings back home. Based on the complainant’s suspicion, the police picked up Babu. After a thorough interrogation, Babu reportedly confessed to the murder of his sister-in-law. The machete, which was used for Jyothi’s murder, was also recovered by the police team.

A case of murder under section 302 of the Indian Penal Code has been registered and further investigations are underway.

Comments

abdullah
 - 
Tuesday, 12 May 2020

Put this case in fast track and hang him immediately.  No mercy should be shown on such inhumans.

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