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 19,2020

Chikkamagaluru, Feb 19: A 31-year-old homemaker was murdered and valuables, including 100gm of gold and 2kg of silver, were reported missing from her house in Kadur town of Chikkamagaluru district late Monday evening. Her 11-month-old son, who was with her at the time of the attack, had a miraculous escape.

Police said Kavita's husband Dr Revath was away in his clinic in the town's Kadur-Birur road along with their first son, 5. Kavita, who has done MA and from Udupi, and the dentist married seven years ago.

District superintendent of police Harish Pandey has formed a special team to probe the incident that took place in Lakshmish Nagar in the town.

According to police, Kavita spoke to her husband around 6.45pm on Monday and didn't answer his subsequent calls, triggering a strong suspicion in him that something was amiss. He called his relatives living nearby to check on his wife. The relatives rushed to the house only to find the main door locked.

Since Kavita didn't answer the doorbell, they force-entered the house from the rear door and found her in a pool of blood. She was taken to a private clinic where doctors declared her brought dead.

Police said the woman was killed by a sharp weapon by slitting her throat between 6.45pm and 8.15pm. The rooms and almirahs had been found ransacked. At least 100gm gold ornaments, 2kg of silver and cash were missing from the house.

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News Network
July 22,2020

Bengaluru, Jul 22: A total of 4,764 new COVID-19 cases and 55 deaths were reported in Karnataka in the last 24 hours.

Out of the new cases, 2,050 cases were reported in Bengaluru on Wednesday.

The total number of active cases stands at 47,069, said the state Health Department.

Death toll rises to 1,519 in the state.

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Media Release
April 7,2020

Mangaluru, Apr 7:  In the wake of COVID-19 lockdown in the country, a delegation from Highland Islamic Forum, Mangalore headed by Rizwan Pandeshwar, HIF Ration Kit Co-coordinator met Mangalore South Constituency MLA Mr. Vedavysa Kamath, Mayor Mr. Diwakar and MCC  Opposition Leader Mr. Abdul Ravoof on 6th April with an aim to join their hands with our local authorities in a bid to serve the daily wage earning families in and around Mangalore, during this emergency period. HIF delegation included Secretary Ausaf Hussain, Executive members Nazim SS, Adel Parvez, Nabeel Kudroli and Saleem Makkah.

HIF delegates handed over 300 COVID-19 Emergency relief ration kits to these local authorities, of which 100 each will be distributed to the poor in their respective areas among all faiths irrespective of caste or religion. The ration kits included grocery items and other essential commodities.

HIF Delegation said that Highland Islamic Forum is a prestigious charitable organization in Mangalore operating in the undevided D.K. District since last 8 years offering their hands to the poor and needy families of all faiths like food for the orphans, blood to the patients, water during the crisis time, relief supplies during floods, medicine to the patients, ration kits and homes to the homeless.

During the drinking water crisis in 2016, HIF supplied water facilities to more than 1000 families in Mangalore.  Two years back during the flood, HIF provided necessary commodities to the flood victims in Dakshina Kannada District. During the shortage of blood in Mangalore hospitals, HIF arranges blood donors camps and provide the blood to the patients.  HIF spends one day with orphans every month. HIF charitable activities have been well recognized by the kind hearted people in Dakshina Kannada District.

MLA Vedavysa Kamath, Mayor Diwakar and Mangalore City Corporation opposition leader Abdul Ravoof lauded the selfless efforts of HIF team in serving the poor and needy families in the society.

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