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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coastaldigest.com news network
June 13,2020

Mangaluru, June 13: Commending the Karnataka government move to ban the online classes for children up to Standard 5, Mangaluru MLA U T Khader has demanded to impose ban on all education apps that offer online coaching to school children.

"I welcome the government’s decision of banning online classes up to class 5. I would like to know why education apps of corporate companies are allowed to continue when schools are banned to conduct online classes. Why the government could not ban those education apps that offer online classes?” the former minister questioned.

He warned that private schools in the state may commence their online classes through such apps of corporate companies if the present situation continues.

Not all parents in the state can afford buying smart phones required for online classes, he said. "Only 30% of the school children in the state have access to smart phones. Most of the parents cannot afford to buy smart phones for their children. Government should take into consideration the mental stress of academically brilliant children among poor families. Those children may go under depression when they do not have access to online classes. The government can cancel some of the schemes like distribution of bicycles and reserve such funds to find solutions to the problems poor children face at present,” Khader said.

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coastaldigest.com news network
June 29,2020

Bantwal, Jun 29: Seven SSLC students, who were on their way to write the examination, were injured in a road mishap near Panemangaluru on Monday.

According to sources, the auto-rickshaw in which the students were travelling overturned causing them injuries.

All the injured were students of Shambur Government high school.

Police said the accident took place as the driver lost control over the vehicle.

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News Network
June 11,2020

Bengaluru, Jun 11: Most COVID-19 deaths in Karnataka occur when infected elderly people, those with Severe Acute Respiratory Illness (SARI) or any other symptoms delay reaching designated hospitals, a top official said.

Munish Moudgil, chief of COVID-19 War Room in the state, said most of those infected with the virus are brought to COVID-19 designated hospitals at a very late stage and recovery then becomes extremely tough.

He said about 65 per cent of those killed suffered from SARI and are aged above 60.

The death rate due to SARI is 43 per cent for those in the 40-60 age group, he said, releasing data on coronavirus deaths, to reporters.

In the same age group, the mortality due to Influenza Like Illness (ILI) was 17.4 per cent, whereas it is 11.1 per cent among people aged above 60 .

He said 25 per cent of symptomatic patients aged above 60 die due to the virus, while it was 10.7 per cent in the 40-60 age group.

The fatalities among those aged 60 is high even if they are asymptomatic, Mr Moudgil, who is secretary in the Department of Personnel and Administrative Reforms, said.

He said the average number of days spent at these hospitals by those who recovered is about 15 days, compared to 3.5 days for those who died of the virus.

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"Hence persons who are elderly and who have comorbidities or who have SARI must reach designated Covid hospitals at the earliest," Mr Moudgil said.

As of date, Karnataka has reported 69 COVID-19 deaths As many as 6,041 people have tested positive for COVID-19, including 2,862 discharges and 3,108 active cases.

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