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
April 19,2020

Bengaluru, Apr 19: Former Karnataka Chief Minister H D Kumaraswamy on Sunday thanked Chief Minister B S Yediyurappa for backing his family regarding his son Nikhil s wedding, which drew flak for allegedly violating lockdown norms.

Asserting that social distancing was maintained during the wedding, the JD(S) leader in a series of tweets hit out at those accusing his family of violating lockdown norms, by stating that they were doing it out of "political hate".

"Despite maintaining social distancing and following rules during Nikhil's marriage, there are discussion that norms were not followed.

Because of political hate, poisonous comments are being made about an auspicious event, but Chief Minister B S Yediyurappa by rejecting all this is standing by the truth," Kumaraswamy said in a tweet in Kannada.

He said, "heartfelt thanks to Yediyurappa for his statement that a big political family in the state has conducted the marriage ceremony in a simple way."

Nikhil, the grandson of former prime minister H D Deve Gowda, entered wedlock on Friday at a Bidadi farmhouse with Revathi, the grandniece of former Congress minister M Krishnappa.

On the day of the marriage several posts on social media, also media reports had criticised the Gowda family for violating locdown norms and social distancing during the event.

Coming to the defence of Gowda family, Yediyurappa in response to a question on Saturday told reporters "They (family) had all the permissions and the event was held in a simple fashion. There's no need to discuss this.

"Despite having many relatives, they stuck to the limitations. For this, I congratulate them," he had said.

Stating that lockdown rules were followed during Nikhil's marriage, Kumaraswamy said, "By looking for politics in Nikhil's marriage, certain faulty minds on social media are spewing venom that is in their mind."

Gowda family had scaled down Nikhil's wedding, which was earlier planned in a 95-acre land near Ramanagara with a lavish set, with lakhs of party workers and well-wishers in attendance, followed by a grand reception in Bengaluru.

Nikhil has acted in couple of Kannada films in the lead role.

He had contested the 2019 Lok Sabha polls from the party bastion of Mandya and had lost against multilingual actress Sumalatha Ambareesh, an independent candidate supported by BJP, in a bitterly contested polls.

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coastaldigest.com news network
July 12,2020

Mangaluru, Jul 12: No decision has been taken regarding re-imposition of complete lockdown in Dakshina Kannada, according to district in charge minister Kota Srinivas Poojary. 

The minister's clarification comes following social media rumours about complete lockdown in the district from July 14 to contain the spread of coronavirus.

Speaking to media persons, Mr Poojary said that chief minister will hold video conference with Deputy Commissioners, MPs and District ministers of the state on July 13 at 11 am. following which a decision will be taken. 

He also clarified that the government will not cause inconveniences to people by taking any such decision all of a sudden. "People should not pay heed to rumours," he said.

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News Network
June 3,2020

Koppal, Jun 3: Opposition Leader in the Karnataka Legislative Assembly Siddaramaiah on Wednesday said that allegedly there was deep crisis in the state BJP but categorically denied any role of Congress in it.

Addressing a press conference here, the former Chief Minister said 'I and my party have nothing to do with the developments in the ruling party. I came to know through media that some 25 BJP MLAs allegedly not satisfied with the way of functioning of the government. The Congress party is not interested in what is happenings in BJP and if the government falls on its own, then Congress might stake claim to form the government eventually".

Mr Siddaramaiah alleged that the State’s BJP government was trying to 'subvert the Constitution and Panchayat Raj Laws' by postponing election to Gram Panchayats citing spread of COVID-19.

'The Commission has not provided any information so far about the preparation of electoral rolls, fixing of reservation to seats, and calendar of events for holding elections. It is the duty of the Commission to hold elections as per the Karnataka Gram Swaraj and Panchayat Raj Act,' he further said.

The EC on May 28 postponed elections to GPs citing 'exceptional circumstances' prevailing in Karnataka following the coronavirus pandemic situation. Elections to as many as 5,800 GPs scheduled to be held by next month with the ending of their terms have been put off, and fresh dates were yet to be announced.

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