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
March 29,2020

Mangaluru, Mar 29: The state government has lifted the restrictions on the movement of chicken and eggs, thus ensuring the availability of protein-based nutrition to consumers.

Due to the 21-day lockdown in the State, police and other regulatory authorities were not allowing movement of poultry products, which not only had affected the entire poultry sector but also the consumers. The Karnataka Poultry Farmers and Breeders Association (KPFBA) had made a representation to the government to lift the restrictions.

The Secretary of Animal Husbandry and Fisheries, A B Ibrahim in a circular dated March 27, 2020 night , said that the minimal husbandry sector came under essential services and is given exemption during the lockdown period. He cited the letter which provides for the exemption, issued by the Government of India Home Secretary and the Union Joint Secretary of Animal Husbandry and Dairying.

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News Network
May 27,2020

Bengaluru, May 27: Amid uncertainty caused by the Covid-19 pandemic, which has disrupted school education in Karnataka, the state government is seeking the help of the Union Ministry of Information and Broadcasting to televise classes, a state minister said on Tuesday.

"We request you to provide minimum three channels on the Doordarshan network exclusively for the Department of Public Instruction, Government of Karnataka," Primary and Secondary Education Minister Suresh Kumar said in a letter to Union I&B Minister Prakash Javadekar.

Suggesting co-branding the channels under DD and the state education department, he asked for the channels to be mandatorily transmitted by the cable and DTH operators under the Cable Act.

The state education department has already discussed with Prasar Bharti officials, who, according Kumar, have assured 3+3 hours of timeslots on the education channel Chandana on cost basis.

"We have also made all the necessary arrangements for content creation by the teachers," he said.

Meanwhile, the minister has revealed that television is the best medium for the students as a home learning mode in these challenging times.

"The department of public instruction reviewed various technological options and considered TV as one of the best means for home learning," Kumar said.

In a survey conducted by the education department, it was found out that 95 per cent households had television sets.

Kumar said the state operates government schools in nine languages, including Kannada, English and Urdu.

"To cater to all the students, and considering a long-term strategy to run schools by maintaining social distancing, we are in immediate need of minimum three exclusive channels to teach through TV," he said.

According to Kumar, the Karnataka government is facing hardships to meet the capital expenditure requirements, hence, it is seeking help from the I&B Ministry.

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coastaldigest.com news network
June 14,2020

Mangaluru, Jun 14: In a fresh case of vigilante attack, a cattle trader was tied to a buffalo-laden vehicle and thrashed by the miscreants belonging to Bajrang Dal in the city today. 

The victim has been identified as Mohammad Haneef Guddemane (34), a resident of Jokatte village on the outskirts of the city. 

The attack took place in the early morning near Infosys office at Urva, when Haneef was transporting his four buffalos to Kudroli slaughter house. 

The miscreants continued to thrash him until the local police reached spot. Based on the complaint of ‘illegal cattle transportation’ by the Bajrang Dal, the police took the victim to custody and also seized the buffalos. 

The police also took the victim to hospital and subjected him to covid test before producing him before a local judge.

While the Bajrang Dal members lodged complaint of illegal transpiration against the victim, the victim showed all the records of the cattle and lodged a counter complaint against the attackers.

It is learnt that Haneef had purchased 10 cattle from Haveri district and sold six among them. He was transporting remaining four buffalos to Kudroli slaughter house.

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