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
May 30,2020

Bengaluru, May 31: The coronavirus related fatalities in Karnataka rose to 49 with the death of a 47-year-old woman while 141 new coronavirus cases were confirmed on Saturday taking the infection tally to 2,922, Karnataka minister S Suresh Kumar said.

Among the fresh cases, 90 are inter-state passengers, he told reporters.

The deceased woman from Bidar was admitted on May 24 and died on May 28 at a designated hospital in Bidar, Kumar, minister for primary and secondary education and spokesperson for Covid-19 in the state, said.

The woman was diagnosed with influenza like illness with a history of paralysis and was bed-ridden besides having hypertension and convulsions, Kumar said.

According to him, the total cases include 997 discharges, 1,874 active cases, 49 Covid-19 deaths and two non-Covid related deaths.

Of the total active cases, 15 are in the ICU, he added.

The new cases comprise 33 in Bengaluru, 18 in Yadagir, 14 in Dakshina Kannada, 13 each in Udupi and Hassan, 11 in Vijayapura, 10 in Bidar, six in Shivamogga, four each in Davangere and Haveri, three in Kolar, two each in Kalaburagi, Mysuru, Uttara Kannada, Dharwad, and one each in Belagavi, Chitradurga, Tumakuru and Bengaluru Rural, the health department said in its bulletin.

The minister said the government has issued an order regarding relaxation of curfew on Sundays.

According to the order issued by Chief Secretary T M Vijay Bhaskar, there will not be any curfew on Sundays throughout the day following requests from people.

As per the previous order, curfew was from 7 am to 7 pm on Sundays.

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News Network
March 4,2020

Vijayapura, Mar 4: Despite strict measures to prevent any kind of embarrassing incidents during II PU board exams, the first three pages of Physics question paper was doing rounds on social media within an hour of commencement.

According to sources, “after removing the question papers from the sealed paper envelope, one of the supervisors is suspected to have taken photographs of it and circulated to the various social networking sites and Whatsapp. In an hour it spread across the district and the incident is said to be happened at Shanteshwar Pre-University College at Indi town.”

As many as 27,359 students were enrolled for the PU Board exams and among them 7,984 students have registered for Science. On the first-day, Physics for Science and History for Arts examinations were held in 41 centres of the district.

Confirming the question papers are being circulated over social networking applications, Deputy Commissioner YS Patil told TNIE that: “According to the Karnataka Education Act 24 (a) it cannot be considered as the question paper leak.”

“Even we have contacted the head office of the PU Board they also collecting the primary details denied to claim it as question paper leak. However, a committee will investigate and will also visit the college in the earliest. If any of the supervisors found guilty an action will be initiated against them. It is not a question paper leak instead it might be lapse of duty from the supervisors and investigation will be made,” stated DC Patil.

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News Network
July 9,2020

Bengaluru, Jul 9: The State Education Minister of Karnataka clarifies that 2nd PUC result 2020 to be declared around July 20. The Minister’s tweet signals that Karnataka Second Pre- University examinations result is not releasing today, and likely to be declared around July 20, 2020.

Taking on his tweeter account Karnataka Education Minister S Suresh Kumar on Thursday informed that the 2nd PUC results (Class 12th) would not be declared on Thursday, that is on July 9 and would be available around 20th July. Earlier students presuming the result on Thursday had been started asking Education Minister whether Karnataka 2nd PUC Results would be announced today or not.

Addressing the students quarries, on Thursday Education Minister S Suresh Kumar took to his tweeter account and tweeted, “2nd PUC results are not announcing today, the results would be released around July 20, 2020”, or the second last week of July. Education Minister took to his twitter account to console the students, he tweeted “Many students are calling me to know whether Second PUC results will be announced Today. I once again inform all that Second PUC results will come out around 20th July.

Earlier, the education minister informed that Karnataka Secondary School Leaving Certificate Exam, SSLC Results 2020 would release most likely by August first week and Second Pre-University (2nd PUC) Results 2020 would be declared by last week of July.

Karnataka earlier decided to hold the Board exams in spite of the opposition faced due to health risks over Corona Virus. The remaining SSLC & 2nd PUC examinations in Karnataka took place with the strict precautionary measures. The Education Minister himself carried out the inspection of many exam centres during the exams, a report said.

Evaluating the answer copies of exams, now results are to be declared in the month of July and August 2020. To get the result updates students are advised to keep visiting the official website of Department of Pre-University Education, Karnataka.

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