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
February 28,2020

Mangaluru, Feb 28: In a shocking incident, an engineering student has committed suicide on the railway track at the Someshwara railway station near Ullal on the outskirts of the city.

The deceased has been identified as S Rayagowda (23) from Belgaum.

It is suspected that he resorted to the extreme step due depression after love failure. Railway police are investigating the matter.

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.
News Network
May 25,2020

The government of India has added 141 more flights to West Asian countries for the second phase of Vande Bharat Mission, its massive repatriation programme for citizens stranded overseas because of Covid-19-related travel restrictions.

The second phase was to end on May 22. However, External Affairs Ministry Spokesperson Anurag Srivastava said the ongoing phase will last till June 13 and that India is looking at making Frankfurt a hub for the mission.

With these new flights, more than half of them to the United Arab Emirates, the total number of flights in the second phase of the programme have gone up to more than 400, people familiar with developments said on condition of anonymity.

The flights were added due to increased demand from citizens stranded in West Asian countries and the availability of adequate quarantine facilities in states for the returning Indians, the people said. As with all the flights operated so far under Vande Bharat Mission, priority will be given in the second phase to Indian nationals with compelling reasons for returning to the country, they added.

The additional flights are from the UAE (81 flights), Oman and Saudi Arabia (15 flights each), Kuwait (14 flights), Qatar (11 flights) and Bahrain (five flights).

A majority of the flights are bound for Kerala (84 flights), while the other destinations are Delhi (10 flights), Tamil Nadu (nine flights), Telangana (six flights) Gujarat and Jammu and Kashmir (five flights each), Bihar, Rajasthan and Uttar Pradesh (four flights each), Punjab (three flights), Odisha and West Bengal (two flights each), Chandigarh, Karnataka and Goa (one flight each).

The other 260-odd flights being operated during the second phase of Vande Bharat Mission are from Armenia, Australia, Bangladesh, Belarus, Belgium, Canada, Egypt, Finland, France, Georgia, Germany, Indonesia, Ireland, Israel, Italy, Japan, Jordan, Kazakhstan, Kenya, Kyrgyzstan, Malaysia, Mauritius, Myanmar, Nepal, the Netherlands, New Zealand, Nigeria, Oman, the Philippines, Russia, Singapore, South Korea, Spain, Sri Lanka, Sweden, Tajikistan, the UK, Ukraine and the US.

The second phase of the repatriation programme began on May 16 and will continue till June 13, with all the flights being operated by state-run Air India and its subsidiary Air India Express. Private airlines are likely to be included in the third phase.

As of Thursday, a total of 23,475 Indians have been repatriated under Vande Bharat Mission. The second phase had included new destinations such as Istanbul, Ho Chi Minh City and Lagos, and had increased flights to the US and Europe.

More than 259,000 Indians in 98 countries across the world have registered to return under Vande Bharat Mission. Most of them are workers (28%), students (25%), professionals (14.5%), and short-term visa holders such as tourists (7.6%). Fishermen, deportees and Indian nationals who benefited from visa amnesties have also registered.

Comments

Uwaiz
 - 
Tuesday, 26 May 2020

No flights from oman to manglore nor to Banglore 

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
July 8,2020

Bengaluru, Jul 8: The expert committee constituted by the Karnataka government to look into imparting online education in the wake of the COVID-19 lockdown submitted its report on Tuesday to the Minister for Primary and Secondary Education, S Suresh Kumar.

Amid growing pressure by educational institutions to allow them to run online classes for the students, the government set up the committee headed by noted educationist M K Sridhar.

The Minister told reporters that some schools wanted to run online classes, including for LKG and UKG students. It had also come to the government's notice that schools were reportedly charging hefty fees in the name of online teaching, he added.

"To address the concerns of parents, schools, and the future of the children, the committee was formed,"Kumar said. He further said that the government would study the recommendations and hold discussions with officials and various stakeholders before arriving at a decision.

The Education Department said that the committee, in its report, titled "Continuation of Learning in School Education of Karnataka: Guidelines During COVID-19 Pandemic for Technology Enabled Education and Beyond", has recommended teaching online or by using printed material. The committee suggested that children in the age group of three to six be taught online by way of story-telling, rhymes and games strictly in the presence of parents thrice a week just for one session a day For students from class one to three, it advised two periods a day and three days a week for online teaching.

Students from class three to five would have classes five days a week and two classes for 30 minutes a day. For students from class six to eight, there could be three classes a day for a duration of 30 minutes to 45 minutes each, while for students of class nine and 10 there would be four sessions a day between 30 and 45 minutes each.

The committee also suggested usage of Doordarshan and Akashwani for the government school children. Suresh Kumar said there were a few petitions filed in the Karnataka High Court regarding online teaching to the children.

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.