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 25,2020

Thiruvananthapuram, Mar 25: Kerala Chief Minister Pinarayi Vijayan on Tuesday said that strict action will be taken against overpricing and hoarding of essential items during lockdown period in the state.
Speaking to media persons here, he said: "Today 14 new cases of COVID-19 have been reported taking the total number of cases to 105 (excluding four discharged) in the state."
"Out of this, six are from Kasaragod district, two from Kozhikode, eight have returned from Dubai, one each from Qatar and UK; and three have got infected from a mutual contact. One health worker is also suspected to be on the list," he said.
A total of 72,460 people are under observation in the state out of which 71,994 are in isolation in their homes and 466 in hospitals. Today 164 people were hospitalised. 4,516 samples were sent for testing out of which 3,331 have tested negative.
Chief Minister Vijayan said that people should take the lockdown seriously and strictly adhere to government instructions.
"All personal vehicles should strictly be off the road. Taxis and autos can only be used for emergency purposes. People using personal vehicles should give self-declaration giving details about the purpose of the journey. Police action will be taken against those giving false information or found misusing personal vehicles," he said.
The Chief Minister today interacted with the MLAs from Kasargod through audio conferencing and asked them to co-ordinate the activities there along with the Panchayat president.
"Special attention should be given to the elderly, homeless, specially-abled in the state and local self-government institutions should take effort to arrange food and shelter for the needy. Apart from medicines, those in isolation would also be given counselling if required," he said.
He also urged the youth to come forward in volunteering during this difficult time. They can volunteer as bystanders in hospitals and help in other places too.
The Chief Minister also informed that the testing facilities at Central Universities in Kerala, IISER in Trivandrum and MIMS, Kozhikode can be used.
"All MLAs are working in their respective constituencies and they should make the effort to identify places that can be used as regional isolation centres, as and when required," said Vijayan.

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News Network
March 31,2020

Mangaluru, Mar 31: With the Dakshina Kannada district administration relaxing the lockdown from 6 am to 3 pm to purchase essential commodities, panic-stricken citizens rushed to the shops early in the morning itself.

The citizens had formed a serpentine line in front of shops and supermarkets in different parts of Mangaluru and on the outskirts of the city to purchase their requirements.

As a precautionary measure, many were seen wearing masks.

“In spite of waiting in a long queue to purchase, we are not able to get the required essential commodities. Why can’t the district administration ensure enough stock of commodities in the shops and supermarkets,’’ asked a customer who had stood in a queue outside a supermarket at Chilimbi.
People were seen crowding outside markets at Kankanady, Mallikatte, Urwa and Central Market, violating the purpose of social distancing.

Consequently, vegetable prices have increased in the markets and shops. This is despite abundant stocks being available in these markets.

Trucks had unloaded the vegetables at Central Market on Sunday, according to sources. The prices of onions are skyrocketing yet again and is sold from Rs 50 to Rs 55 while a kg of carrot costs Rs 100.

"Why can’t the authorities check the rise in the price of vegetables and ensure that the poor are not inconvenienced," asks Lakshmi, a housewife.

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News Network
January 16,2020

Mysuru, Jan 16: A day after the Mysuru Advocates’ Association refused to defend a student in Mysuru who has been charged with sedition case for displaying a ‘Free Kashmir’ placard, president of the People’s Lawyers’ Guild of Davangere, has come forward to appear in the Court on behalf of her.

Opposing the attack on JNU students and teachers at JNU recently, Nalini had displayed a ‘Free Kashmir’ placard during a protest on January 8 at Manasagangotri of the University of Mysore (UoM) campus here.

Members of the Mysuru Bar Association decided not to represent Nalini.

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