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
May 21,2020

Bengaluru, May 21: Karnataka reported 116 fresh cases of coronavirus on Thursday, taking the state tally to 1578. 

So far, 570 people have been cured and discharged while 41 have succumbed to the virus, informed the state health department.

Out of the 116 cases, 71 have a history of inter-state travel history to Maharashtra.

Out of the 116 cases, 27 are from Udupi alone, 15 cases are reported from Mandya and 13 are from Hassan. Bengaluru Urban saw seven new cases.

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.
coastaldigest.com news network
May 13,2020

Mangaluru, May 13: Dakshina Kannada today recorded its fourth death due to novel coronavirus.

The victim, identified by number P-536, is a 58-year-old woman from Boloor area of Manglauru. She was tested covid-19 positive on April 30. 

A patient with TB meningitis, the woman had been treated and discharged from Mangaluru’s First Neuro Hospital, which has emerged as covid-19 hub of coastal Karnataka.

In hospital she had reportedly come in contact with patient No 501 who worked as a sweeper in the same hospital. 

With this death, the number of active covid-19 cases reduced to 16 in Dakshina Kannada. The district has so far reported 34 covid-19 cases including four deaths. 14 have been discharged.

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
February 3,2020

Feb 3: The Karnataka government is probably the only state to have so many nodal agencies to deal with investment proposals. There is the KIADB, Karnataka Udyoga Mitra, State High Level Clearance Committee (SHLCC), State Level Single Window Clearance Committee (SLSWCC) and District Level Single Window Clearance Committee.

While the government claims these have been created to speed up the process of setting up industries, they’re only delaying it. “A four-to-five year delay in acquiring land has become the norm,’’ say industry sources.

“These entities are only adding layers of obstacles to investors and is not really helping industries,” said a senior IAS officer.

While DLSWCCs are headed by deputy commissioners are empowered to clear investment proposals up to Rs 15 crore, SLSWCC, headed by the industries minister, clears proposals more than Rs 15 crore and up to Rs 500 crore. Proposals worth more than Rs 500 crore have to be cleared by SHLCC chaired by the CM. These entities have to meet regularly and clear proposals. But often, these meetings don’t happen as scheduled. “The delay starts from here,” said Vasant Ladava, industrialist and member of Karnataka Industries and Commerce, Bengaluru.

The single-window agencies involving representatives of departments like industries, revenue, pollution control board and forest are supposed to collectively give necessary clearances required for industries. “But, of late, they have become only project approvers without other responsibilities, leaving investors in the lurch,” said Ladava.

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.