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

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
March 13,2020

Bengaluru, Mar 13: Several ministers staying at the Bengaluru resort had been emotionally pressurised to leave the Congress party, said Congress leader Jitu Patwari on Thursday after he was rescued by party leader DK Shivakumar from getting arrested due to the scuffle that had broken out at Embassy Boulevard here.

"We had received information that one of the MLAs, Manoj Chaudhary, staying at the Boulevard wanted his father to bring him back home," Patwari told reporters.

He said, "We had accompanied Manoj's father to the resort but the moment we entered the restaurant at the resort, some miscreants took away Manoj to some other unknown place," Patwari told reporters.

"Meanwhile, we (Lakhan Singh and Jitu Patwari) were manhandled and taken to the police station," he added.

Patwari said that the police had started the process of arresting them but Shivakumar came to their rescue and stopped their arrest.

He further said, "The police manhandled us even though we tried to talk to them in a very calm manner."

"If the MLAs giving resignation was their decision then why is the BJP not allowing them to contact their families," the MP said.

He further said that Jyotiraditya Scindia would soon become a minister but "why are the other ministers being made scapegoats."

Earlier in the day, a Congress leader in Madhya Pradesh had said that if action on the assaulters of its two leaders is not taken then the matter will be taken to the court.

Comments

wellwisher
 - 
Friday, 13 Mar 2020

No doubt,  desh drohi criminal rss goons might threaten to kill their beloveds aor they may be kdnapped to go against present ruling party. Public must stand up and oppose such authority and rss police group.

 

Indians never  lose faith on constitution but unite and kick out the person who misusing the costitituion. For expample  recent transfer of Delhi High Court Judge by rss backing shah sponsored groups .

 

Long Live India

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
August 7,2020

Bengaluru, Aug 7: Action will be taken against private hospitals that were violating government norms and charging exorbitant fees charges for the treatment of Covid-19 patients and suspects, said Water Resources Minister Ramesh Jarkiholi.

The government has taken action against private hospitals in Bengaluru and the same parameters would be adopted other cities, he said speaking to media persons in Belagavi on Friday.

Jarkiholi said that the government had noticed that patients were levied exorbitant charges for Covid-19 treatment. People too have complaints regarding the huge bills by these private hospitals and have demanded action.

“We are not under the obligation of any private hospital and stringent action will be taken against all erring and violating government tariffs. They will have to treat patients and follow the tariffs fixed,” he stated.

Belagavi Institute of Medical Sciences District Hospital had been directed to install CCTV cameras in Covid-19 wards and install monitors at reception to facilitate monitoring of treatment and condition of the wards. BIMS management was taken to task for not following the directive and have been given a deadline to install CCTV cameras, Jarkiholi informed.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
coastaldigest.com news network
May 20,2020

Bengaluru, May 20: An Air India flight from Dammam in Saudi Arabia landed here with 161 passengers, including 85 for Karnataka and 76 to Hyderabad, an official said on Wednesday. Among Karnataka passengers there were both Bengalureans and Mangalureans.

"AIC-1910 (Airbus A321-211) landed at the city airport at 8.45 p.m. and 85 passengers, including 9 women and one infant alighted here, while 76 will fly to Hyderabad," the airline official said. 

The flight was 45 minutes behind schedule to Bengaluru.

The airline staff and the state government officials received the returnees in the arrival terminal and gave them masks to wear and sanitizer to wash hands.

All the passengers would be screened with thermal device to read their body temperature though only asymptomatic were flown back.

After completing formalities, including immigration check and filling the self-declaration form, the returnees were taken in state-run buses in batches for 14-day institutional quarantine in hotels and resorts across the city.

Passengers have to download the mandatory Quarantine app on their mobile phone before leaving the airport for contact tracing later.

Another evacuation flight from Kuala Lampur in Malaysia to Bengaluru has been cancelled due to Amphan cyclone over the Bay of Bengal that hit the Odisha and West Bengal on the east coast.

The service was the fourth to the southern state in the second phase of Vande Bharat Mission, the national carrier and its Express arm are operating to repatriate thousands of Indians, including distressed workers, migrants, students, senior citizens and tourists, stranded overseas since the government suspended international flights on March 23 and enforced an extended lockdown on March 25 to combat Covid-19 spread.

The first flight in the second phase landed on Monday night at Mangaluru on the state's west coast, with 177 passengers from Dubai in the UAE.

The second flight to the southern state from Kuala Lumpur in Malaysia landed here (Bengaluru) on Tuesday evening, with 94 passengers.

The third flight from Muscat in Oman landed here at 6.31 p.m. on Wednesday evening and at Mangaluru on the state's west coast at 8.01 p.m.

The remaining flights to Karnataka will land in Bengaluru and Mangaluru over the next 13 days till June 3 from 12 more destinations the world over.

In the first phase of the mission from May 7-17, the airline and its arm flew 6 flights to the state from May 11-15, bringing in 800 passengers, including 623 to Bengaluru and 177 to Mangaluru from London, Singapore, San Francisco and Dubai.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.