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
February 28,2020

The Karnataka BJP, which faced action on Twitter earlier this month over incendiary tweets, this time has passed the blame of Sangh Parivar sponsored Delhi violence to the victims.

In an insensitive tweet on Friday, it dubbed the protests against the notorious Citizenship Amendment Act (CAA) as "fake" and added that the violence that followed was "the most well-planned assault on the Idea of India," in an apparent attempt to portray the victims as villains.

The handle, notorious for tweets targeting Muslims, blamed the clashes that erupted in Delhi between people demonstrating for and against the CAA on "so called 'Peacefuls'" - a known right-wing slur for Muslims.

Many people on social media called out the tweet for misleading people and covering up the role of Delhi BJP leader Kapil Mishra's provocative speech for triggering the violence or the failure of the Delhi Police, which reports to the former BJP chief and Union Home Minister Amit Shah, in controlling the riots.

Earlier this month, the Karnataka BJP had tweeted a video of Muslim women standing in queue to vote in the Delhi elections, showing their voter ID cards, with the snarky caption: "Keep the documents safe, you will need to show them again during NPR (National Population Register) exercise."

Soon after, the party unit's Twitter handle was blocked by the social media platform for 24 hours after many accused it of encouraging Islamophobia.

NPR has been widely criticised by opposition parties as a precursor to the government's planned NRC or National Register of Citizens which intends to make Indians prove their citizenship with documents that many poor or illiterate do not possess.

Many fear that combined with the already imposed CAA - which promises citizenship to only non-Muslim refugees from Pakistan, Afghanistan and Bangladesh - the NRC can be used to make millions of Muslims stateless.

The government has denied the allegation and said the CAA only intends to help those who have faced religious persecution. In recent weeks, it has gone back on its rhetoric on the NRC which was announced by Amit Shah in parliament as "it will certainly happen".

The CAA, which was cleared by parliament in December, has triggered deadly protests in the country which left at least 25 dead till Sunday. Since then, at least 42 more people have been killed as large-scale violence erupted in northeast Delhi and hundreds of homes and shops have been burned to the ground.

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coastaldigest.com news network
July 30,2020

Mangaluru, July 30: The Social Democratic Party of India has condemned the move by the state government to drop a lesson on legendary Mysuru rulers Hyder Ali and Tipu Sultan from the class 7 textbook.

The Department of Public Instruction has omitted the chapter from the textbooks of Class 7 in their attempt to reduce syllabus for state board schools by 30 per cent.

The department, however, has decided to retain similar chapters on Tipu Sultan in 6th and 10th Classes, though the syllabus in text books for all classes from 1 to 10th has been trimmed. 

In a media release statement, SDPI State President Ilyas Mohammed Thumbe termed the move as communally motivated. “By dropping the lesson, the BJP-led government is engaged in saffronisation of education,” he alleged.

He said that Tipu was the most prominent freedom fighter, who had given priority to irrigation, rocket technology and harmony. The BJP government is also planning to scrap lessons on the Constitution, secularism and democracy. By twisting history, the BJP is trying to mislead the younger generation, he added.

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News Network
March 27,2020

Bengaluru, Mar 27: A 65-year-old coronavirus patient who died in Karnataka this morning after apparently contracting the infection on a train ride has raised concern about community transmission of the highly contagious disease.
The man, the 60th coronavirus patient in Karnataka, died in Tumakuru. It is not known for certain how he caught the virus. The Karnataka Health Department has posted a notice on Twitter asking whoever travelled with him on train to come forward.

He had no history of recent foreign travel but had apparently traveled to Delhi on March 5 by Sampark Kranti Express and returned on March 11.

On March 7, he arrived at Delhi's Nizamuddin station and participated in an event at Jamia Masjid.

The man took a train back on March 11 and arrived at Yeshwantpur in Bengaluru. From there, he took a bus on March 14 to his hometown Sira.

He first showed symptoms of COVID-19 on March 18 and was taken to a private hospital. He was sent home with medicines but his condition worsened.

On March 23, he was admitted to a district hospital, but checked himself out against all advice and went to a private hospital. When his health showed signs of deterioration, he was again sent to the district hospital, where he tested positive for coronavirus yesterday. He died around 10.30 am today.

The health department has since traced 24 people who came in direct contact with him and are so, in the high-risk category. Thirteen are in hospital and eight have tested negative.

"All passengers who had travelled with him on the train are being traced," K Rakesh Kumar, Deputy Commissioner, Tumakuru, was quoted as telling news agency ANI.

A 70-year old woman and a 76-year old man had died of coronavirus or COVID-19 earlier in Karnataka.

India has over 700 coronavirus cases, including 17 deaths.

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