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
June 4,2020

Bengaluru, Jun 4: Leader of Opposition in Karnataka Siddaramaiah on Thursday said it was not appropriate to reopen schools for two more months, given the current rate at which coronavirus infection is spreading.

He also advised Chief Minister B S Yediyurappa and Primary and Secondary Education Minister Suresh Kumar not to take any hasty decisions in this regard.

"As corona infection is spreading in the state beyond limits, it is not appropriate to open schools for at least two more months. Chief Minister and Suresh Kumar should not make any hasty decisions," Siddaramaiah tweeted.

Stating that Suresh Kumar has placed a proposal to reopen schools in July, he said the chief minister has to take note of worried parents opposing this proposal.

"There are reports about students getting infected by coronavirus after reopening of schools in countries like Britain, France and Italy. It is appropriate to think about reopening schools on analysing the situation after two months," he said in another tweet.

The state government has sought an opinion from parents and stakeholders regarding reopening of schools in the state, with the easing of the COVID-19 lockdown norms.

Amidst worries and concerns expressed by parents across the state, the Education Minister on Wednesday had assured that the government would not take any hasty decisions regarding reopening of schools.

The Union government, in its recent guidelines, had asked state governments to hold consultation at school, college, training and coaching institutions-level with parents and other stakeholders, and based on the feedback, a decision on reopening them would be taken.

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News Network
April 9,2020

Kasaragod, April 9: After Supreme Court intervened and settled the Border issue with Karnataka authorities who had consented to allow the critically-ill patients from in and around Kasaragod and nearby areas to cross over to nearby Mangalore for getting urgent and critical care treatment, the Karnataka authorities is alleged to continue to be hostile either by blocking way ahead or turning a deaf ear to the patients reaching there.

It was on Wednesday onwards that the check post at Thalapadi near here on the Kozhikode-Mangalore National Highway was opened for the critically-ill patients to cross over to Mangalore hospitals for medical treatment.

However, reports reaching here said two out of the three critically-ill patients, who made it to Mangalore were allegedly ill-treated or given no treatment forcing them to return back to Kerala.

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News Network
January 19,2020

Mysuru, Jan 19: The 'City of Palaces', for the first time in history, got a Muslim woman as its first citizen, on Saturday.

Tasneem, a JD(S) Corporator, is elected as the 22nd Mayor of Mysuru. The 34-year-old Tasneem is a second-time corporator, representing Ward number, 26. She defeated BJP candidate Geetha Yogananda, representing Ward no 65 of Srirampura, by a margin of 24 votes. Out of 70 members, who were present during the election, 47 voted for Tasneem, 23 for Geetha Yogananda.

Tasneem thanking the party leaders said the JD(S) gave her an opportunity to serve the city and its people. JD(S) gives more priority for minorities. The party facilitated the first Muslim Mayor, Arif Hussian, in 1996. Later, Congress corporator Ayub Khan served as mayor in 2008.

Women from different communities had served as mayor of the city, but, Tasneem is the first Muslim woman to be elected as Mayor of Mysuru.

Tasneem, a BA Graduate from Maharani's College, was proud for being the first citizen and thanked party supremo H D Deve Gowda, leaders H D Kumaraswamy, MLAs Sa Ra Mahesh, G T Devegowda, K S Rangappa, and her colleagues in the Mysuru City Corporation. Tasneem extended her gratitude to her voters, who voted her for the second time.  

'Mysuru is known for cleanliness. Thus, my first priority is to maintain cleanliness and I will work towards retaining the 'Clean city' tag. The city is facing issues related to street lights among others for many days. I will make prompt attempts to resolve them,' she said.

JD(S) city president K T Cheluvegowda said the party nominated Tasneem for mayor's post as per the suggestion from the party supremo H D Deve Gowda and other leaders. There were other aspirants, but, they were convinced and nominated Tasneem, he said.

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