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
May 17,2020

Benglauru, May 17: A garment company manager jumped to death from his third-floor house on Saturday, four days after having killed his wife and wrapping her body in a blanket. 

Manish Kumar, 42, gave a relative and neighbours frightening moments before committing suicide at AECS Layout, Kudlu Gate, Southeast Bengaluru. The relative had come over after Kumar’s brother called him from Delhi, saying he had stopped responding to phone calls. 

The relative, who lives in Hongasandra, arrived at Kumar’s house around noon. He knocked on the door which was bolted from the inside but didn’t get a response. When he asked the neighbours, they said they didn’t have a clue. The relative and the neighbours decided to break the door open. 

But as they entered the house, they got the shock of their lives. Kumar was slitting his wrist with a blade. He then ran into the bathroom and locked himself in. They followed him and asked him to open the door. But he ignored them. They had to break open the bathroom door, too. By this time, Kumar had slashed his hands, chest and other parts of the body. Waving the blade at them, he asked them to stay away. 

Even the relative and the neighbours pleaded with him to drop the blade, he ran out and jumped off the building. He was taken to a hospital but it was too late. 

A bigger shock awaited them. They felt a foul smell emanating from the house. When they went in, they found the decomposed body of Kumar’s wife, Sandhya, 35, wrapped in a blanket. They called the cops. 

Police found a death note purportedly written by Kumar on May 12. “We suspect he killed her on that day,” said a police officer investigating the case. 

Police said the death note specifies what made Kumar kill his wife and commit suicide. Sandhya suspected him of having an affair since he regularly chatted up some bar dancers he had met in Gurgaon and Delhi. She accessed his phone and saw the calls and the WhatsApp messages he had sent them. The issue rocked their marital life and they often fought over it. He then decided to kill his wife and commit suicide, as per the death note. 

Police said Kumar appeared to have spent the last four days at home, with his wife’s body wrapped in the blanket. “We don’t know whether he tried to dispose of the body or didn’t want to see it,” the officer said. Police couldn’t determine how he killed her and are waiting for the post-mortem report. 

Joshi Srinath Mahadev, DCP (Southeast), said the couple hailed from Bihar. “We are waiting for Sandhya’s relatives to arrive in Bengaluru. A case of murder and suicide has been registered at the Parappana Agrahara police station.” Another officer said the couple had a love marriage.

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News Network
January 22,2020

Udupi, Jan 22: Udupi district authorities was on high alert following the bomb detected at Mangalore International Airport (MIA).

Udupi railway police said that security had been strengthened in all the railway stations, including Padubudri, Senapur, Barkur, Kundapur and Indrali in the district.

The police in mufti and uniform were on constant beats in the railway stations. Besides, dog squads and bomb detection squads have been deputed in the railways stations, they said.

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News Network
February 6,2020

Kalaburagi, Feb 6: The State government will take steps to ensure that Kannada as a language is taught in all private schools, Chief Minister B.S. Yediyurappa announced today at the 85th Akhila Bharata Kannada Sahitya Sammelana in Kalaburagi.

This comes in the wake of the demand by some Kannada activists for making Kannada medium compulsory in all schools in the State. Sammelana president H.S. Venkatesh Murthy, who spoke after the Chief Minister, also made this demand.

The Chief Minister said “We are committed to putting in place a series of steps to see that Kannada is taught in all schools, aided and private, as a language. Kannada should be taught as the first or second language. We will also take steps to strengthen government schools. However, the government alone cannot do much. The community and parents should offer support to make sure that government schools provide quality education to all.”

To inculcate the spirit of scientific inquiry, the State government is setting up mobile planetariums. This will increase the interest of children in space technology and India’s efforts in space exploration.

The government is committed to protecting the interests of the State in Mahadayi and other river water disputes. It will take the border row issue, based on the Mahajan Commission report pending in the Supreme Court, to its logical end.

The government will also address backwardness and related issues. It will make sure that adequate funds are allocated to the development of Kalyana Karnataka. Among other things, it will establish a hostel for students from Kalaburagi region in Bengaluru. Land has been allotted in Nagarabavi for the hostel that can accommodate around 200 students. The government has decided to celebrate Kalyana Karnataka Utsav once every two years. This will showcase the culture of the region.

“We are working towards forging sentimental and emotional unity of the State other than unity based on language or administration. Our dream is to see that Karnataka remains a homogeneous unit with equality and equal opportunity for all,’’ the Chief Minister added.

Kambar bats for technology

Chandrashekar Kambar, Sahitya Akademi president and former president of the Akhila Bharata Kannada Sahitya Sammelana, favoured effective implementation of technology in administration and for universal use of Kannada in computing and e-governance.

Speaking at the Sammelana inauguration, he said “Several years ago, at the insistence of writer Poornachandra Tejaswi, I appealed to the State government to give a push to Kannada computing. We were convinced that no language can survive without the use of modern technology and use of the language in computers. The Department of Kannada and Culture, headed by then director Manu Baligar, released ₹2 crore for the project. The work began in earnest and teams of technologists came up with software and fonts. Some departments started using Kannada software. But this work has stopped or slowed down at some level. I appeal to Chief Minister B.S. Yediyurappa to continue the work and ensure that computerised Kannada is used at all levels of government and in e-governance.’’

Supports dubbing

Mr. Kambar batted for content dubbing of informative TV channels in Kannada. Channels such as Discovery and History produce good quality content that can be educative and informative. They are very useful for children. These channels are now available in Tamil, Telugu and Hindi and some other Indian languages. But they are not available in Kannada. That is because some people in the film industry are opposing dubbing. Such opposition is not good. Informative channels are our window to the world and allowing dubbing will enhance our knowledge base. There is no merit in not allowing dubbing. I appeal to C.T. Ravi, Minister for Kannada and Culture, to allow dubbing in Kannada, he said.

Mr. Kambar favoured primary education in the mother tongue of the child and urged the State government to introduce universal and compulsory education in Kannada medium in all schools. “This will help preserve our culture. Nothing else can,’’ he said.

He blamed the East India Company administration for inculcating a craze for English education among the people. “The introduction of English education by the British was strongly welcomed by the masses in India as they had been denied the opportunity for education for millenia. The deprived classes and Dalits who had not been exposed to education till then, were excited about the opportunity. However, along with English education, the British were successful in introducing inferiority in our minds. We are yet to escape from this inferiority complex.”

Quoting from Greek mythology, Mr. Kambar said that Hercules had killed his children and relatives in a fit of alcohol-induced rage. “We should not behave like that. We may be very strong, but we should not kill our mother tongue, in our power-induced rage,’’ he said.

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