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 web desk
June 21,2020

Mangaluru, Jun 21: A total of 51 private hospitals and medical colleges empanelled under the Suvarna Arogya Suraksha Trust (SAST) have been allowed to treat Covid-19 patients in Dakshina Kannada and Udupi district. Among them 30 are in Dakshina Kannada and 21 are in Udupi. Here is the full list:

Also Read: 518 private hospitals across Karnataka can now treat covid patients

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News Network
June 5,2020

Bengaluru, Jun 5: The much awaited Southwest Monsoon entered Karnataka with widespread rain in coastal and central regions of the southern state, an official said on Friday. Rain and thundershowers are likely to occur at most places over coastal areas and at a few places over the interior parts over the next 24-48 hours.

"The southwest monsoon entered the state on Thursday as predicted from Kerala and the Arabian Sea, with moderate to heavy rainfall in the coastal districts and central or Malnad region of the state," Karnataka State Natural Disaster Monitoring Centre Director Srinivas Reddy told media here.

Though the monsoon has set in on time in the state, Reddy said its progress was likely to be slow in the next three days, as cyclone Nisarga induced high-speed winds took away rain-bearing clouds from the southern peninsula.

According to the regional meteorological office, Karwar in Uttar Kannada district received a whopping 15cm rainfall on Thursday, followed by 11cm each at Kundapur in Udupi district and Shivamogga in Malnad region.

Kadra and Gersoppa in Uttara Kannada and Kottigehara in Chikkamagaluru district had 10cm rainfall, followed by 8cm at Virajpet in Kodagu district and 7cm each at Shirali and Gokarana in Uttara Kannda.

Isolated to scattered rainfall also occurred in many places across the north and south interior regions of the state.

"The monsoon will advance in the state to south and north interior areas after June 8 as there is lull in its movement due to lack of rain-bearing clouds and winds to carry them," said Reddy.

Noting that the four-month monsoon from June to September, crucial to the rain-dependent state would be normal this year, Reddy said its progress and spread, however, would depend on various factors like cloud formations and wind movements.

"Conditions are likely to become favourable for monsoon advancement in the state over the next 2-3 days," asserted Reddy.

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News Network
March 18,2020

Bhopal, Mar 18: Rebel Congress MLAs from Madhya Pradesh who are staying at a resort in Bengaluru, on Wednesday said they went there voluntarily.

Issuing video messages, the rebels said they didn't want to meet senior party leader Digvijay Singh who was briefly detained near the resort this morning.

Madhya Pradesh Chief Minister Kamal Nath and other leaders of the Congress have been claiming that the rebel MLAs were being held in captivity by BJP.

High drama unfolded this morning near the resort, as Singh, a two-time Madhya Pradesh Chief Minister, staged a protest accusing the police of not allowing him to meet the legislators, following which he was detained briefly and released later.

Singh, along with Karnataka Congress chief D K Shivakumar, is meeting police top brass seeking opportunity to meet the MLAs.

Singh hit out at Union Home Minister Amit Shah and Karnataka Chief Minister B S Yediyurappa, accusing them of trying to block their efforts to get in touch with the legislators.

"We have come here voluntarily on our own wish; we have got to know from some people that a few leaders from Madhya Pradesh including Digvijay Singh and some MLAs have come here. We don't want to talk to anybody," Congress rebel MLA from Sumawali Aidal Singh Kansana said in a video message.

"We have tried enough to speak with every one for the last one year, when they did not hear us for one year, what they will hear us in one day? We want to say only this that we have come here as per our wish and go back as per our wish," he added.

Another rebel MLA Govind Singh Rajput too said they have come voluntarily and don't want to meet anybody.

"We got to know that Digvijay Singh has come with a few Ministers and leaders. Unnecessarily at the gate they are saying they want to meet us. When no MLA wants to meet him, they should not be doing this. All MLAs have sent in their resignation," he said in a video message.

Currently, 22 rebel MLAs are said to be camping in the city.

These videos were shared by former Congress leader Pankaj Chaturvedi, a close confidante of BJP leader JyotiradiyaScindia.

In a video message, Bisahulal Singh (Anuppur) said Digvijay Singh had fooled them for 40 years.

"My seniority was neglected. We recognised Digvijaya Singh as our leader for 40 years but he only fooled us. We have come here voluntarily," he said.

"Rahul Gandhi had told us that my name, along with Aidal Singh Kansana (Congress MLA from Sumawali), had figured in the list of state Cabinet but they were struck off due to nepotism," he added.

Pohri MLA Suresh Dhakad said they received information on Digvijay Singh's visit on Wednesday through television channels.

"The present crisis was caused due to Digvijay only. We don't want to meet him," he said.

Karera MLA Jasmant Singh Jatav also blamed Digvijay Singh for the plight of Congress in Madhya Pradesh.

Dimni MLA Girraj Singh said they all have already resigned.

The MLAs who have issued video messages also included Manoj Choudhary (Hatpipalya), Kamlesh Jatav (Ambah), Raghuraj Kansana (Ambah), Brijendra Singh (Mungaoli), Raksha Santram Sironiya (Bhander), Munnalal Goyal (Gwalior East), Rajyavardhan Singh (Badnawar), OPS Bhadoriya (Mehgaon), Ranvir Singh Jatav (Gohad) and Hardeep Singh Dang (Suwasara).

Former ministers Tulsi Silawat (Sanver), Mahendra Singh Sisodia (Bamori), Imarati Devi (Dabra), Pradyumn Singh Tomar (Gwalior), Govind Singh (Surkhi) and Prabhuram Choudhary (Sanchi) also issued videos.

The resignations of these six former ministers were accepted by Assembly Speaker NP Prajapati while those of 16 others are on hold.

The rebel Congress MLAs held a press conference on Tuesday and claimed that 20 more party MLAs want to join them. The rebels also said that they were thinking of crossing over to the BJP in the days to come.

The Congress-ruled Madhya Pradesh has been in a political turmoil since the MLAs resigned on March 10 following the suit of Scindia, who joined the BJP on March 11.

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