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
April 9,2020

New Delhi, Apr 9: The Delhi Police has traced Tablighi Jamaat leader Maulana Saad Kandhalvi, who has been on the run after an FIR was registered against him for organising a religious gathering last month despite restrictions to combat the coronavirus, sources said on Wednesday.

The cleric has been traced to Zakir Nagar in southeast Delhi, sources said.

His lawyer Tauseef Khan, however, said Saad is under self-quarantine and will join investigation after his quarantine period is over.

On March 31, Delhi Police's Crime Branch lodged an FIR against seven people, including the cleric, on a complaint by Station House Officer Nizamuddin for holding the congregation here allegedly in violation of the orders against large gathering and not maintaining social distancing to contain the spread of coronavirus.

A day later, the Delhi Police's Crime Branch wrote to Saad and others, seeking the details under Section 91 of the Code of Criminal Procedure. A second notice was also issued to him this week.

"Saad is currently under self-quarantine and will join investigation once the period of 14 days gets over," his advocate, Tauseef Khan, told PTI.

Saad's quarantine is expected to end next week.

His lawyer said a reply to the second notice will be given soon.

In an audio message last week, Saad said he was exercising self-quarantine after several hundreds who visited the Tablighi Jamaat's Nizamudddin markaz tested positive for coronavirus.

Visited by thousands last month, the Nizamudddin centre also turned out to be a hotspot for spread of coronavirus not only in national capital and country.

According to the FIR, the Delhi Police contacted the centre on March 21 and reminded them of the government order that prohibited any political or religious gathering of more than 50 people.

However, no one paid any heed to the police's direction, it said. Moreover, an audio recording purportedly of Saad was found in circulation on WhatsApp on March 21, in which he was heard asking his followers to defy the lockdown and social distancing and to attend the religious gathering of the Markaz.

On March 24, the government ordered 21-day nationwide lockdown and restricted any social, political or religious gathering.

The same day a meeting was held at Hazarat Nizamuddin police station between SHO and officer bearers of the centre.

The meeting was attended by Saad, Mohammad Ashraf, Mohammad Salman, Yunus, Mursaleen Saifi, Jishan and Mufti Shehzad and they were informed about lockdown orders.

So far, several hundred cases of COVID-19 cases across the country have been found to be linked to the Tablighi Jamaat congregation held in Delhi last month.

More than 25,500 Tablighi members and their contacts have been quarantined in the country after the Centre and the state governments conducted a "mega operation" to identify them.

At least 9,000 people participated in the religious congregation in Nizamuddin. Later, many of the attendees travelled to various parts of the country.

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News Network
June 12,2020

Bengaluru, Jun 12: Karnataka Medical Education Minister K Sudhakar on Friday said experts have indicated a surge in coronavirus cases in the state after August 15 and the government was taking all precautionary measures in that direction. Speaking to reporters in Ballari, Sudhakar said, "About 97 percent of over 3,000 active cases in the state are asymptomatic.

Experts after studying the developments in other countries and states have said that there will be a surge in infections after August 15."

He said the government was taking all precautionary measures in that direction.

 As of June 11 evening, cumulatively 6,245 COVID-19 positive cases have been confirmed in the state, which includes 72 deaths and 2,976 discharges, the health department's bulletin said.

It said, out of 3,195 active cases, 3,185 patients are in isolation at designated hospitals and are stable, while 10 are in ICU.

Meanwhile, in a tweet pointing out that nearly 60 per cent of the COVID cases in the country are from 10 cities, Sudhakar said, despite being the fourth most populous city in the country Bengaluru has been successful in containing its spread.

"Nearly 60% of total COVID-19 cases in India are found in 10 cities. Despite being 4th most populous, Bengaluru has been successful in containing spread of virus.

I urge people to keep up the fight, continue vigil & together with #CoronaWarriors we can defeat the virus," Sudhakar tweeted.

Bengaluru that does not figure in the list of 10 cities shared by the Minister has reported 581 coronavirus cases till last evening, out of which 258 are active.

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coastaldigest.com news network
July 28,2020

Bengaluru, July 28: Former prime minister and JD(S) chief H D Deve Gowda today threatened to launch a state-wide agitation in against the amendments made to the Karnataka Land Reforms Act.

Gowda’s opposition to the new law comes even as Congress leader Siddaramaiah is also doggedly pursuing it.

Demanding that the state government immediately rollback the ordinance empowering these amendments, the octogenarian leader said he personally would take to streets if the government failed to budge.

The B S Yediyurappa government has liberalised the land reforms law by removing restrictions on non-agriculturists from purchasing and owning farm lands.

The government has also amended the APMC Act and has tweaked labour laws, which are all “against the interest of the state and must be rolled back,” Gowda said.

Speaking to reporters here, Gowda stated that he had already written thrice to Chief Minister B S Yediyurappa in this regard. "The ordinances have to be taken back. The amendments to Karnataka Land Reforms Act, by repealing sections 79-A, B and C, is an anti-farmer move. The APMC Act amendment, too, is against the interest of the state. The government has failed to speak about the impact of these amendments," said Gowda, who is now a Rajya Sabha member.

Elaborating on the amendment to the Land Reform Act, the JD(S) patriarch opined that by throwing open agricultural land ownership to anybody at all, the government was only helping real estate developers while pushing farmers into a “vulnerable” situation.

Amidst all this, there are now reports of funds misappropriation in Covid-19 relief measures and in procurement of medical equipment, he said, adding that it seemed like only the corrupt became stronger over time.

Further, Gowda lambasted both national parties for creating political unrest, referring to the ongoing political crisis in Rajasthan and the recent developments in Madhya Pradesh. However, he added that he would not wish to dwell on it much, while emphasising that his focus was primarily on strengthening his own party at this point in time.

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