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
May 28,2020

May 28: The Karnataka State Election Commission on Thursday announced postponement of gram panchayat polls citing the COVID-19 pandemic.

Out of 6,025 gram panchayats, the tenure of 5,800 gram panchayats will end by June-August 2020.

"After examining the feasibility of conducting general elections to gram panchayats, the State Election Commission, considering the current situation as exceptional circumstance, has decided to temporarily postpone the general elections to the gram panchayats," the SEC said in a release.

It said after examining the situation in the days to come, the decision will be taken on holding the general elections to the gram panchayats.

The CEC also states that report by Deputy Commissioners of districts on holding the elections was verified and it has been found that district administrations are involved in COVID-19 related work and there will be shortage of staff and transport facilities for the elections. Besides, there would be a problem in maintaining law and order.

Last week through a letter to Deputy Commissioners of districts, the commission had sought opinion on holding panchayat polls amid the COVID-19 crisis. It had also pointed out that electoral roll needs to be prepared and reservations had to be allocated as per the new amendments.

Stating that the state election commission's decision to postpone gram panchayat elections was against the provisions of the Karnataka Panchayat Raj Act 1993, the Leader of Opposition Siddaramaiah said the Congress will question this "undemocratic act" in the court of law.

He accused the commission of playing to the BJP's tune and said the congress will protest the decision at gram panchayat level.

Opposition parties in the state, especially congress, have been demanding elections.

The government was in favour of postponement of polls and wants to have administrative committees to govern the panchayats, until the polls are held, according to government sources.

The Congress, raising apprehension about administrative committees, has accused the government of conspiring to have ruling BJP workers as its members.

A congress delegation had last week submitted a petition to State Election Commissioner B Basavaraju and urged the Commission to hold elections.

The congress had even suggested continuation of sitting panchayat members until the polls are held, instead of appointing administrative committees.

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News Network
March 3,2020

Bengaluru, Mar 3: Chief minister BS Yediyurappa on Monday introduced the Karnataka Municipalities and Certain Other Law (Amendment) Bill, 2020, in the assembly to give voters the opportunity to reject candidates in civic polls.

The bill, if passed, will enable election officials to offer the NOTA option in the elections to municipal corporations on the lines of assembly and Lok Sabha polls.

An amendment bill which seeks to enable the government to set up a separate university for the districts of Raichur and Yadgir was also tabled. The government said the workload of Gulbarga University necessitated creation of a separate university for the two districts, a move that will also help reduce regional imbalance in Kalyana Karnataka region.

Another amendment bill seeks to allow industrial units, which have failed to start operations on allotted land after seven years, to sell off the parcels to another unit. Bills which empower authorised agencies to regulate turf clubs and horse racing and regulate salary and pension of teachers in higher education institutions were also introduced in the assembly on Monday.

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coastaldigest.com news network
July 18,2020

Udupi, Jul 18: Noted multi-lingual scholar Dr Uliyar Padmanabha Upadhyaya passed away last night at a private hospital in Manipal. The 88-year-old was survived by a son and a daughter.

His wife Susheela Uadhyaya, who was also a multi-lingual scholar, had passed away in January 2014 at the age of 77. The duo had compiled the six-volume Tulu Lexicon. Its first volume was published in 1988 and the last volume in 1997.

Son of Sitaram Upadhyaya, who was a scholar in the court of the Raja of Travancore, Dr Padmanabha was born on April 10, 1932 at Uliyar in Majur Village near Kaup in Udupi district. 

The Upadhyaya couple had conducted serious research work in linguistics and folk culture and produced a number of books-some of them jointly, some individually and some in collaboration with others. 

Dr Padmanabha had acquired three Master of Arts degrees in Sanskrit, Kannada and Linguistics from Madras, Kerala and Pune Universities, Vidwan in Hindi and PhD in Linguistics from the Pune University for his thesis titled “A Comparative Study of Kannada Dialects”.

He was a visiting Professor at the Universities of London and Paris. He knew Hindi, Kannada, Tulu, Malayalam, Tamil, English, French and Olof, the language of Senegal in Africa.

His works include Nanjanagudu Kannada (Vokkaliga Dialect), Coorg Kannada, Kuruba - A Dravidian Language, Kannada - A Phonetic Language, Malayalam Language and Literature (with Ms. Susheela), Effect of Bilingualism on Bidar Kannada, Coimbatore Tamil, Kannada as Spoken by Different Population Groups in Mysore City, Dravidian and Negro African: Ethno Linguistic Study (with Ms. Susheela), Conversational Kannada, Coastal Karnataka and Bhuta Worship: Aspects of a Ritualistic Theatre (with Ms. Susheela).

Also Read: Eminent linguist Dr Susheela P Upadhyaya no more

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