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
July 8,2020

Dubai, Jul 8: The Directorate General of Civil Aviation (DGCA) has revoked landing permits issued to UAE-based private jets flying Indian expats who are willing to fly back to UAE. With this the operation of private jets from India to the UAE has stopped.

The development comes days after DGCA stopped UAE airlines from chartering repatriation flights to India. 

The DGCA’s decision has come as a huge disappointment for desperate expats who are trying every means possible to return to the UAE, and were shelling out up to Dh15,000 per ticket.
 
All charter flights were operating with the appropriate permissions and clearances for the specific mission, route and destination, said the charterers.

DC Aviation Al-Futtaim, the only integrated VIP handling and hangar facility in DWC, said in an official statement: "As a result of the DGCA suspension of flights into India, our Challenger 604 aircraft which was scheduled to land in Dubai today has been affected."

Afi Ahmed, managing director of Smart Travels, said he has received news from official sources that all approvals for operation of private jets have been barred until July 10.

"Even the flights that had been given approvals stand cancelled. Some flights organised on July 9 have also been grounded," said Ahmed, who was also stranded in Kochi, Kerala, till July 4 but returned home in the UAE on-board Global 6,000, the largest business jet, organised by a Dubai-based aviation company.

Ganesh Rayapudi, a UAE-based businessman who has been trying to organise flights from India to UAE, said: "The government has kept on hold all charters. At least 52 passengers were desperately waiting to come back from Hyderabad on these flights and were willing to collectively cough up Dh400,000."

He added: "I agree that it is unfair to those who cannot afford these prices. However, UAE residents have commitments here; they were tired of waiting and willing to go any lengths, including taking the expensive route."

On July 3, India's DGCA announced via an official circular that scheduled international flights will remain suspended till month-end and only those on a case-to-case basis will be allowed to operate. These flights were suspended on March 22 due to the ongoing pandemic.

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News Network
January 16,2020

Haveri, Jan 16: Karnataka Chief Minister B S Yediyurappa on Wednesday hinted at inducting 16 MLAs into the Cabinet which was due for expansion despite the fact that it was a difficult task.

Participating in a function of Choudayya Community here, he further said one should understand the difficulty faced to undertake cabinet expansion in the prevailing situation and whoever gives suggestion should understand the circumstances otherwise the statements would lead to confusion among the community and people of the state.

He stated that 'as many as 17 MLAs resigned to make me Chief Minister and now their community people want their leader to become Minister, it is very difficult to satisfy all of them'.

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News Network
March 8,2020

Mangaluru, Mar 8: A cruise ship with a Panama flag has been turned back at the New Mangalore Port here following the Centre's advisory in the wake of the coronavirus outbreak, officials said.

The vessel 'MSC Lirica' was sent back on Saturday as the Union Ministry of Shipping had directed all ports not to allow any cruise ship from foreign destinations to call on Indian ports.

No further details about the ship were disclosed.

New Mangaluru Port Trust chairman A V Ramana said the ministry has directed all ports to deny entry to cruise ships till March 31 in the wake of the coronavirus scare.

Around 25 vessels were expected to call on the port here during the cruise season.

Meanwhile, the National Disaster Response Force (NDRF) conducted an awareness programme on prevention of coronavirus COVID-19 at Mangaluru International Airport.

The stakeholders were sensitised on handling passengers affected with covid-19 and precautions to be taken for dealing with affected passengers.

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