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 22,2020

Bengaluru, Jul 22: Congress MLA Priyank Kharge has questioned the Karnataka government on the alleged breakdown of oxygen in the intensive care unit (ICU) at ESIC hospital in Kalaburagi, saying he had got complaints that eight persons who were on ventilators had died.

He asked the government if it is "deliberately" hiding something about the patients that were admitted in ESIC.

"I have got complaints that eight people who were on ventilators are dead in ESIC Kalaburagi because there was oxygen breakdown in ICU. ESIC has not been admitting patients as the issue has not been resolved. Nobody is confirming or denying it. Is the Government deliberately hiding something?" he asked.
Kharge also accused the government of not having adequate facilities to combat COVID-19 in different parts of the state.

"I hope I am wrong, but if it is a fact, this ascertains that the administration has lost control over Corona pandemic in the district. No addition testing centre. No beds are available. PPE Kits and medical waste is thrown in Gulbarga Institute of Medical Sciences (GIMS)," he added.

According to the Union Health Ministry, there are 67420 COVID-19 cases in the state.

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News Network
February 18,2020

Bengaluru, Feb 18: Deputy chief minister Laxman Savadi was elected to the legislative council on Monday and although it was a done deal that he would win, a vote from across the aisle spiced up the election.

Counting was conducted soon after ballots were cast and Savadi polled 113 of the 120 votes cast, including the vote of disgruntled JD(S) legislator GT Devegowda. Seven votes were declared invalid. Members of the two opposition parties — Congress and JD(S) — abstained from voting.

The election was necessitated following the resignation of Rizwan Arshad of the Congress. Rizwan resigned after he was elected to the legislative assembly from the Shivajinagar constituency in the assembly bypolls held for 15 seats in December last year.

BR Anil Kumar, who was initially promised the support of both Congress and JD(S) was supposed to contest as an independent candidate. However, as both parties refused to support him at the last minute, he withdrew, paving the way for Savadi’s victory.

The BJP has 117 members in the 225-member assembly, but N Mahesh of the BSP and two independents, H Nagesh and Sharath Bachchegowda, besides GT Devegowda also voted, taking the total electorate to 120 (including the speaker). BJP’s SA Ramadas did not turn up because of health reasons.

“I would like to thank all those who were responsible for my victory. Special thanks to leaders of my party and chief minister BS Yediyurappa, who gave me the opportunity to be the BJP candidate,” said Savadi.

Winning this council election was crucial for Savadi to retain his ministry as he was not an elected member of either of the houses. Rules mandate that a non-member must get elected either to the assembly or council within six months after taking over as minister. February 20 was the deadline for Savadi, who had lost 2018 assembly polls from Athani, to get elected.

Officials in the assembly secretariat said seven votes were invalid because voters had wrongly marked their choices on ballot paper. According to norms, a voter has to mark numerical one, two and three against the names of the candidates in order of preference. Marking only numerical one is allowed. However, six ballots had a tick mark, while a voter had registered a cross mark. Since it was a secret ballot, it was not known who the MLAs were whose votes were invalid.

“The ballot papers bear serial numbers and they are randomly distributed. It is virtually impossible to say who a voter cast his or her vote for,” said assembly secretary MK Vishalakashi, the retuning officer for the bypoll.

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News Network
March 11,2020

Bengaluru, Mar 11: Jyotiraditya Scindia has not betrayed the Congress, but he has been betrayed by the Congress and Kamal Nath, said on Wednesday Madhya Pradesh Congress MLAs who are camping here after tendering the resignations.

"It is not Jyotraditya Scindia who has betrayed. Instead, he has been betrayed by the Congress and Kamal Nath. Despite the fact that it was his hard work that enabled Congress to form the government in MP after 15 years, yet he was being sidelined. His people were sidelined," Mahendra Singh Sisodia was heard saying in a video.

Taking a veiled jibe at Chief Minister Nath, Sisodia said: "On one hand, you claim that treasury is empty and on the other, works worth Rs 12,000 crore is done in Chhindwara constituency. Are the rest of MLAs and ministers just killing time?"

He also warned other Congress MLAs that the party would be decimated in the state in the future.

"Did not the Congress trick people in MP? What happened to the farm loan waiver announced? When we go to our region, people ask us what happened to loan-waiver.
What happened to curb corruption, Vyapam? Whichever party Scindia joins, we will go with him," he said.

Former MP Minister Imarti Devi said that all 22 MLAs are in Bengaluru out of their own choice.

"All 22 MLAs are here (in Bengaluru) on their own will. We are happy Scindiaji has taken this decision. I will always stay with him even if I had to jump in a well. Kamal Nathji never heard us," she said.

Another leader dismissed talks of being in touch with anyone and said that they are happy with the decision of Scindia, who joined the BJP earlier today. He had resigned from the Congress on Tuesday.

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