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

Ohhh....whats going on in india under name of democracy....

Strange. SC promoting adultery

Soon rape will be legalised..

No need of marriages and SC should legalise pornography. Should start pornography industry (just like other film industry) in India like US.

Rubbish. What is the point in marriage

Add new comment

Coastaldigest.com reserves the right to delete or block any comments.
Coastaldigset.com is not responsible for its readers’ comments.
Comments that are abusive, incendiary or irrelevant are strictly prohibited.
Please use a genuine email ID and provide your name to avoid reject.

Congress creating confusion among Muslim over CAA, claims BSY

News Network

January 5,2020

Bengaluru, Jan 5: BJP leader and Karnataka Chief Minister BS Yediyurappa once again blamed the Congress of creating 'confusion' among the Muslim community over the Citizenship (Amendment) Act-2019 while launching a door to door campaign to dispel such rumors.

Yediyurappa was on a door-to-door campaign to make people aware of the Citizenship (Amendment) Act and to allay their fears.

"Unnecessarily, the members of Congress are creating confusion among the Muslim community. I assure you that not a single Muslim will be affected because of CAA," said B. S. Yediyurappa.

"Almost all previous Prime Ministers have supported it, now Congress is creating a problem so as to create confusion among Muslims. That's why we are out on the door-to-door campaign," he said.

The Citizenship Amendment Act, 2019, seeks to grant Indian citizenship to Hindu, Christian, Sikh, Buddhist and Parsi refugees from Pakistan, Afghanistan, and Bangladesh and who entered India on or before December 31, 2014.

Comments

U may confuse people with such statements but WE MUSLIMS, DALITS and some of our other HINDU Brothers are not in any Confusion on the chronology of NPR, CAA and NCR.. WE are firm that we will never allow you to go ahead with these discriminatining laws

People are NOT FOOLS to believe all your JUMLAS

Add new comment

Coastaldigest.com reserves the right to delete or block any comments.
Coastaldigset.com is not responsible for its readers’ comments.
Comments that are abusive, incendiary or irrelevant are strictly prohibited.
Please use a genuine email ID and provide your name to avoid reject.

Restaurants, pubs and bars can sell liquor at retail prices: Karnataka govt

News Network

May 9,2020

Bengaluru, May 9: Karnataka government in its latest order has allowed restaurants, pubs and bars to sell liquor at retail prices from May 9 till May 17. The third phase of coronavirus lockdown is slated to end on May 17.

"Karnataka government has allowed restaurants, pubs and bars to sell liquor at retail prices from tomorrow till May 17. However, they can be sold only in take away form," read an order issued by the state government.

Earlier, the government had allowed the opening of liquor shops in order to mobilise revenue. However, bars, pubs, restaurants were ordered to remain close amid the COVID-19 lockdown.

As per the latest update by the State Health Department, the total number of coronavirus cases in the state is 753. "Of 753 cases, 346 are active cases. 376 persons were discharged after treatment while 30 people have succumbed to the coronavirus," the Health Department said in a release.

Comments

Add new comment

Coastaldigest.com reserves the right to delete or block any comments.
Coastaldigset.com is not responsible for its readers’ comments.
Comments that are abusive, incendiary or irrelevant are strictly prohibited.
Please use a genuine email ID and provide your name to avoid reject.

Stamped people''s entry barred before end of quarantine in Karnataka

News Network

June 4,2020

Bengaluru, Jun 4: All shops, offices, malls, commercial establishments and others in Karnataka must not allow Covid-stamped people to enter their premises before the completion of the prescribed quarantine time, said a top official on Wednesday.

"They should not allow those with quarantine stamp to enter before the end of their quarantine period or till they get current Covid negative test report," ordered Chief Secretary T.M. Vijay Bhaskar.

Bhaskar has also issued the order to all religious places, hotels and others to first check for quarantine stamp on all their customers or visitors before they enter the premises.

"All shops, commercial establishments, offices, factories, malls, religious places, hotels and etc.. are required to check for quarantine stamp on all their customers or visitors before they enter the premises," he said.

In the event of a violation, Bhaskar said the police should be informed at 100.

He issued the same order to the general public and resident welfare associations asking them to be vigilant.

"General public and resident welfare associations are advised to report any violation of the quarantine in their neighbourhood to the police at telephone number 100," said the chief secretary.

The orders came under the head aRole of general public, resident welfare associations and commercial establishments''.

General public, commercial establishments and resident welfare associations have been empowered to report quarantine violations at a time when many activities are set to reopen from June 8 as part of Unlock - 1, after more than two months of lockdown.

Comments