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 21,2020

Bengaluru, Jul 21: The total number of Covid-19 cases in Karnataka breached the 70,000 mark on Tuesday as the state reported 3,649 fresh infections, while 61 fatalities took the death toll to 1,464, the health department said.

The day also saw 1,664 patients getting discharged after recovery. Out of 3,649 fresh cases reported on Tuesday, a whopping 1,714 were from Bengaluru urban alone. As of July 21 evening, cumulatively 71,069 Covid-19 cases have been confirmed in Karnataka, which includes 1,464 deaths and 25,459 discharges, the health department said in its bulletin.

It said that out of the 44,140 active cases, 43,557 patients are in isolation at designated hospitals and are stable, while 583 are in Intensive Care Units.

Twenty-two out of 61 deaths reported on Tuesday are from Bengaluru urban, followed by five each from Dakshina Kannada, Mysuru and Dharwad, four each from Kolar and Belagavi, three each from Hassan, Tumakuru and Haveri, Bidar 2, and one each from Chikkaballapura, Chikkamagaluru, Chamarajanagara, Gadag and Vijayapura.

Most of the deceased either had a history of Severe Acute Respiratory Infection (SARI) or Influenza-like illness (ILI). Out of 3,649 cases tested positive on Tuesday, contacts of the large number of the cases are still under tracing.

Among the districts where new cases were reported, Bengaluru urban accounted for 1,714, Ballari 193, Dakshina Kannada 149, Mysuru 135, Yadgir 117, Uttara Kannada 109, Hassan 107, Kolar 103, followed by others.

Bengaluru urban district topped the list of positive cases, with 34,943 infections, followed by Dakshina Kannada 3,829 and Kalaburagi 2,966. Among discharges Bengaluru urban was on top with 7,476 discharges, followed by Kalabuagi 1,834 and Udupi 1,731.

A total of 10,64,734 samples were tested so far, out of which 43,904 were tested on Tuesday alone, the bulletin said. It said that 19,328 of the 43,904 samples tested today were rapid antigen tests.

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News Network
April 17,2020

Udupi, Apr 17: The city police on Friday caught a boy who created chaos near Aadi Udupi by throwing fake currency notes on road and fled afterwards.

This boy had thrown fake currency notes on the streets of Vadiraja Nagara near Krishna Mutt.

Few localities had collected the notes and reported this to police.

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News Network
February 27,2020

Bengaluru, Feb 27: The Centre has adopted Prime Minister Narendra Modi's mantra of "Make in India', for India and the world" to build strong defence and security infrastructure in the country, said Defence Minister Rajnath Singh after inaugurating the new Light Combat Helicopter Production Hangar at Helicopter Division in Hindustan Aeronautics Limited (HAL) Complex here on Thursday.

According to an official statement, the Defence Minister said in the last five years, India has made significant progress towards manufacturing military equipment indigenously under the 'Make in India' initiative.

Stressing that the defence industry plays a major role in the economic development of the country, Singh lauded the significant contribution of organisations like HAL.

Highlighting the Rs 35,000 crore exports target set for the coming years, he expressed confidence that HAL, through its various platforms, will contribute significantly to achieve this milestone.

According to the statement, Rajnath Singh commended HAL for being the backbone of the Indian Air Force and meeting the requirements of the Armed Forces.

"The HAL has excelled both in operations and finance in the last five years. It has achieved operational clearance on seven platforms, including Light Combat Aircraft and Light Combat Helicopter, and overhauled platforms like Hawk and SU 30 MKI," he said.

He also appreciated that HAL had a turnover of Rs 19,705 crore till March 2019 and it gave shareholders a healthy dividend of 198 per cent.

HAL also apprised the Defence Minister on the progress of the new design and development programme of indigenous Indian Multi-Role Helicopter (IMRH), the statement informed.

The full-scale mock-up was showcased to Rajnath Singh. The IMRH is proposed as a replacement to the existing medium-lift helicopters such as Mi17's, Kamovs and Seakings which will phase out in the next eight to ten years.

LCH is a 5.5-tonne class combat helicopter designed and developed by HAL. It is powered by two Shakti engines and inherits many technical features of the Advanced Light Helicopter. LCH has the distinction of being the first attack helicopter to land in Forward Bases at Siachen, 4,700 mts above sea level with 500kg load.

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