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 6,2020

Bengaluru, Mar 6: Karnataka home minister Basavaraj Bommai on Friday said he has asked police to enhance the security of Congress leaders and former ministers UT Khader and Tanveer Sait.

"Threat perception has been there for some time now, all the more after the attack on Tanveer Sait. Their (Congress MLAs UT Khader and Tanveer Sait) security is necessary. I have intimidated them. I have asked police to enhance their security," Bommai told media persons.

"After the assault on Tanveer Sait, the police told me that there were some intelligence reports and asked to me to take proper security. They have given one police man for the name's sake," Khader said.

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News Nerwork
July 4,2020

Bengaluru, Jul 4: Karnataka on Saturday reported its biggest single day spike of 1,839 new COVID-19 cases and 42 related fatalities, taking the total number of infections in the state to 21,549 and the death count to 335, the Health department said.

The day also saw 439 patients getting discharged after recovery; even as 226 patients in the state were undergoing treatment in ICU.

Out of 1,839 fresh cases reported on Saturday, a whopping 1,172 cases were from Bengaluru Urban alone; while 24 of the 42 deaths were from the capital city.

The previous biggest single day spike was recorded on July 3 with 1,694 cases.

As of July 4 evening, cumulatively 21,549 COVID-19 positive cases have been confirmed in the state, which includes 335 deaths and 9,244 discharges, the Health department said in its bulletin.

It said, out of 11,966 active cases, 11,740 patients are in isolation at designated hospitals and are stable, while 226 are in ICU.

Among the 42 dead are six from Bidar, four from Dakshina Kannada, three each from Kalaburagi and Dharwad and one each from Hassan and Bengaluru rural.

Of the 42, twenty-six are men, the bulletin said, adding most of them were with a history of Severe Acute Respiratory Infection (SARI), Influenza-like illness (ILI).

Out of 1,839 cases tested positive today, contacts of the majority of the cases are still under tracing.

Among the districts where the new cases were reported, Bengaluru Urban accounted for 1,172 cases, followed by Dakshina Kannada (75), Ballari (73), Bidar (51), Dharwad (45), Raichur (41), Mysuru (38), thirty seven each from Kalaburagi and Vijayapura, thirty-five each from Mandya and Uttara Kannada.

Bengaluru Urban district tops the list of positive cases, with a total of 8,345 infections, followed by Kalaburagi 1,597 and Udupi 1,276.

Among discharges, Kalaburagi tops the list with 1,189 followed by Udupi (1,103) and Bengaluru Urban (965).

A total of 6,89,526 samples were tested so far, of which 17,592 were tested on Saturday alone.

So far 6,50,876 samples have been reported as negative, and of them 15,294 were reported negative today.

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coastaldigest.com news network
June 21,2020

Udupi, June 21: An entrepreneur lost his life after the car he was driving veered off the road and plunged into a roadside tank near Barkuru in Brahmavar taluk of Udupi district today.

The deceased has been identified as Santosh Shetty, a resident of Vakwadi in Kundapur taluk. He is the proprietor of Laxmi Glass and Plywood, Koteshwara. 

A woman, identified as Shweta, who was also on board the car suffered critical injuries.  

The mishap occurred when the duo was heading to Vakwadi from Brahmavar in Hyundai Car sedan car. 

Shetty lost control over his vehicle while negotiating a curve at Chaulikere and the car plunged off the road as there was no barricade. 

Even though local residents began rescue operation immediately, Shetty breathed his last on the spot. Shweta was rescued and shifted to a hospital in Manipal for treatment.

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