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
July 15,2020

Bengaluru, Jul 15: As on Wednesday, Bengaluru witnessed its first day of lockdown after rising number of Corona cases in the city. In a latest development, popular Kannada actor Dhruva Sarja and his wife Prerana Sarja have tested positive for COVID-19 sending shockwaves in the indutry.

Dhruva Sarja is the nephew of Arjun Sarja and younger brother of Chiranjeevi Sarja who passed away last month after suffering a massive heart attack.

The actor has requested people, who came in contact with them, to get tested immediately.

"My wife and I have both been tested positive for COVID-19 with mild symptoms and hence chosen to get ourselves hospitalised. I'm sure we'll be back all fine! All those who were in close proximity with us please get yourselves tested and remain safe," he tweeted.

In recent times, Mandya MP and popular actress Sumalatha Ambereesh too tested positive, now Dhruva Sarja is the second notable celebrity from Sandalwood to have tested positive for COVID-19.

A source close to the actor's family says that "During Chiranjeevi's funeral last month, some sections of people who had attended had also tested positive, as social distancing rules were not followed by those who attended the funeral. But now, the family has quarantined and there is no cause for worry. Dhruva has also requested all his primary contact to come forward voluntarily and get tested."

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News Network
June 29,2020

Bengaluru, Jun 29: The results of second pre-university and the Secondary School Leaving Certificate examination results will be out by July last week and August first week, Karnataka Primary and Secondary Education Minister S Suresh Kumar said on Monday.

Instead of giving general promotion to the 10th and 12th standard students as the Central Board of Secondary Education and other states have done, the Karnataka government decided to hold the examination defying the coronavirus scare.

"We are trying to get the SSLC results out by the first week of August.The PUC results will be out in the last week of July," the minister told reporters in Bengaluru.

Amid reports of schools increasing the school fees ignoring the government's direction, the minister said he has got reports that 1,150 schools have increased their fees of which action has been taken against 450 schools.

"We have directed all the schools not to increase the fees in view of the coronavirus scare.

It is a peculiar year.Humanity says no one should increase fees.

We have set up a helpline. If we come across such practices, we will initiate action," Kumar said.

He said an officer has been entrusted to look into the complaints against schools.

Speaking about online classes for kindergarten students, the minister said such classes are not allowed.

The schools can hold talks with parents twice a week about grooming their children.

Kumar said a decision on opening kindergarten schools will be taken after July 5.

He, however, conceded that most parents are unwilling to send their children to school.

The government is gathering the opinion of parents based on which a decision would be taken, he added.

Regarding education to students from Class one to Class 10, Kumar said the Centre has given guidelines, which will be followed.

The state has formed an expert committee to recommend guidelines on education to children from Class I to Class six.

"Once the committee report comes, we will formulate regulations," Kumar added.

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News Network
January 21,2020

Bengaluru, Jan 21: A massive protest against the Citizenship Amendment Act (CAA), National Register of Citizens (NRC), and National Population Register (NPR) was witnessed at Shivajinagar's Chandni Chowk area on Tuesday.

Scores of people came together carrying national flags and placards to register their protest in the city.

Speaking to ANI, a protester said, "People of all religious community have assembled here in Chandni Chowk to protest against CAA, NRC, and NPR. We the people of India are against this law."

Terming the law as anti-constitutional, he said that we support all the states who oppose the CAA. We demand the revocation of CAA and the government should remove conditions in NPR which lead to NRC.

CAA grants citizenship to Hindu, Sikh, Jain, Parsi, Buddhist and Christian communities fleeing religious persecution from Pakistan, Afghanistan, and Bangladesh and who came to India on or before December 31, 2014.

Comments

Danny
 - 
Tuesday, 21 Jan 2020

What if the Caa was implemented by congress which was earlier planned by dr mnmohan singh and even Gandhiji said this that minorities of Pak amd Bangladesh can come india. Go check facts. Domt trust ur whstapp knowledge. 

abdulla
 - 
Tuesday, 21 Jan 2020

Unfortunately Hitler brother is our HM who is deaf, dumb and blind.   He has shit in his brain.   He is unfit to be called as human being.  He is thinking that he has no death.   I am sure that he will meet a miserable end. 

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