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
February 3,2020

Feb 3: The Karnataka government is probably the only state to have so many nodal agencies to deal with investment proposals. There is the KIADB, Karnataka Udyoga Mitra, State High Level Clearance Committee (SHLCC), State Level Single Window Clearance Committee (SLSWCC) and District Level Single Window Clearance Committee.

While the government claims these have been created to speed up the process of setting up industries, they’re only delaying it. “A four-to-five year delay in acquiring land has become the norm,’’ say industry sources.

“These entities are only adding layers of obstacles to investors and is not really helping industries,” said a senior IAS officer.

While DLSWCCs are headed by deputy commissioners are empowered to clear investment proposals up to Rs 15 crore, SLSWCC, headed by the industries minister, clears proposals more than Rs 15 crore and up to Rs 500 crore. Proposals worth more than Rs 500 crore have to be cleared by SHLCC chaired by the CM. These entities have to meet regularly and clear proposals. But often, these meetings don’t happen as scheduled. “The delay starts from here,” said Vasant Ladava, industrialist and member of Karnataka Industries and Commerce, Bengaluru.

The single-window agencies involving representatives of departments like industries, revenue, pollution control board and forest are supposed to collectively give necessary clearances required for industries. “But, of late, they have become only project approvers without other responsibilities, leaving investors in the lurch,” said Ladava.

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News Network
February 28,2020

Suhaana shuddered with fear as she heard violent banging on her door on Sunday. The atmosphere was charged with communal tension after thousands of ruthless goons supporting contentious Citizens Amendment Act (CAA) launched a bloody onslaught against Muslims in the capital of India.

The family consists of Suhaana (name changed), her partially paralysed husband and two daughters. They are the only Muslim family in Madhuban mohalla of North Ghonda locality in north-east Delhi.

Hearts pounded louder than pounding of the door. Then the banging stopped and noises of men talking loudly came.

"I peeped out from a small window near the kitchen and saw our neighbours standing outside our entrance and arguing with 10-15 unknown people," Suhaana said.

It was the first day of the communal violence, worst in the decades, that fanned out to the entire north-east Delhi over the next three days and claimed at least 42 lives, left over 200 injured and properties worth crores destroyed. The death toll is feared to go up.

Later in the night Suhaana's family moved to one of their Hindu neighbour's house. There are about 30 Hindu households in the mohalla who kept vigil as the atmosphere deteriorated.

The next day, the violence escalated. The neighbours decided to shift Suhaana 's family to Gautampuri for their safety.

Suhaana recounted, "Our neighbours assured us that they are with us but as things were deteriorating, they said they wouldn't be able to protect us if a big mob of hundreds came. They advised us to move to the nearby Gautampuri locality and come back only after things become normal."

Rajkumar Bharadwaj brought the family to Gautampuri in the early hours on February 25.

Anil Gupta, 49, said, "It was tough to rescue them. We were asked by the rioters as to why we were saving the Muslims. But we had to, it is the people of my country who are suffering. It cannot be Hindus or Muslims."

Rajkumar Bharadwaj said, "Their youngest clung to me throughout. After I brought them here at Gautampuri, I felt good. Situation till then was not okay."

On Saturday, some semblance of normalcy returned to parts of north-east Delhi with some people opening their shops amid heavy police presence.

Meanwhile, the morbid sight outside GTB Hospital's mortuary, agonising groans in the hospital wards burnt down houses and shops remind Suhaana and others what they have been spared of.

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News Network
February 7,2020

Mangaluru, Feb 7: To stop the NRC and CAA from being implemented everyone has to fight unitedly highlighting the failures of the ruling party, said National President of Priyadarshini squad, All India National Women’s Congress Kavya Narasimha Murthy.

Addressing the workshop for the protection of Citizenship against CAA, NRC and NPR for the party workers at the Cordel Hall, Kulshekar here Thursday by district Congress party, she said, “Protests are being held everywhere against the CAA, NRC and NPR but if we only go on protesting, the ruling party will implementing divisive policies and new laws every day.

Many think that they may not be affected by the CAA, NRC or NPR and keep away from protesting against it. The congress should fight against the CAA concentrating on three approaches. We cannot fight against divisive politics by fighting only against the CAA and NRC. We need to expose the government’s failures, their divisive politics and continue our protests against the CAA, NCR and NPR.”

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