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
February 24,2020

Belagavi, Feb 24: Almost a month after a soldier was reported missing following a trip to Gokak's Godchinamalaki falls, his wife and her lover - who was her car driver - were arrested in Belagavi for his murder.

Police said the accused, Prashant Patil, and two friends tried to throw Deepak Pattanadara, 32, off a cliff after slitting his throat. Deepak's wife, Anjali, had registered a missing case with police on February 4, saying her husband had gone on a trip with friends on January 28 and hadn't returned.

In a twist, Deepak's elder brother lodged a complaint at the same police station, alleging that Anjali was behind the disappearance.

Anjali and Prashant, both 26, were arrested on Saturday while Prashant's two friends are absconding. Deepak's decomposed body has been recovered.

Deepak, who was posted in Delhi and was on the verge of retirement after 14 years in the army, had suspected his wife's alleged affair, police said. He'd bought a car for Anjali in 2019, and since he was home only twice a year, he hired Prashant as the driver. Anjali and Prashant grew close but when Deepak asked Anjali about the affair, she denied it outright.

When Deepak came home during vacation, the duo planned to eliminate him, police said.

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News Network
July 15,2020

Bengaluru, Jul 15: As on Wednesday, Bengaluru witnessed its first day of lockdown after rising number of Corona cases in the city. In a latest development, popular Kannada actor Dhruva Sarja and his wife Prerana Sarja have tested positive for COVID-19 sending shockwaves in the indutry.

Dhruva Sarja is the nephew of Arjun Sarja and younger brother of Chiranjeevi Sarja who passed away last month after suffering a massive heart attack.

The actor has requested people, who came in contact with them, to get tested immediately.

"My wife and I have both been tested positive for COVID-19 with mild symptoms and hence chosen to get ourselves hospitalised. I'm sure we'll be back all fine! All those who were in close proximity with us please get yourselves tested and remain safe," he tweeted.

In recent times, Mandya MP and popular actress Sumalatha Ambereesh too tested positive, now Dhruva Sarja is the second notable celebrity from Sandalwood to have tested positive for COVID-19.

A source close to the actor's family says that "During Chiranjeevi's funeral last month, some sections of people who had attended had also tested positive, as social distancing rules were not followed by those who attended the funeral. But now, the family has quarantined and there is no cause for worry. Dhruva has also requested all his primary contact to come forward voluntarily and get tested."

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News Network
February 22,2020

Bengaluru, Feb 22: President Ram Nath Kovind on Saturday said an ideal trade-off needs to be reached between new media -- which is fast and popular -- and traditional media which has developed skills to authenticate a news report, which is a costly operation.

Addressing the fourth edition of ‘the Huddle’ – the annual thought conclave of the Hindu here, he asserted that the internet and social media had democratised journalism and revitalised democracy, but had also led to many anxieties.

While the new media was fast and popular and people could choose what they wanted to watch, hear or read, traditional media would have to introspect on its role in society and find ways to earn the reader’s full trust again as "the project of democracy was incomplete without informed citizens – which means, without unbiased journalism."

Debate and discussion were internalised in India’s social psyche to arrive at truth since time immemorial, he said.

"There is no doubt that perception of truth is conditioned by circumstances. The conditions that cloud the truth’s positions are effectively dispelled by a contestation of ideas through debate, discussion and scientific temper. Prejudices and violence vitiate the search for truth."

Expressing happiness to attend ‘The Huddle’ organised by The Hindu, he said the Hindu group of publications had been relentlessly aiming to capture the essence of this great country through its responsible and ethical journalism. He commended them for their insistence on sticking to the five basic principles of journalism – truth-telling, freedom and independence, justice, humaneness and contributing to the social good, an official release here said.

Mr Kovind said dogmas and personal prejudices distorted the truth. In the 150th year of Gandhiji’s birth, he asked all to ponder over this question: "will it not be proper to pursue truth itself as the ideology? Gandhiji has shown us the path by walking ceaselessly in search of truth which would ultimately encompass every positive attribute that enriches the universe."

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