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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
August 4,2020

Bengaluru, Aug 4: With preparations underway for conducting exams for the final semester/ year students in the state, Karnataka Deputy Chief Minister Dr CN Ashwathnarayan on Monday directed the respective universities to conduct exams for the backlog papers as well.

"In the wake of COVID-19, it has been decided to hold exams only for the students of final semester/year courses. It has come to our notice that some universities have decided against conducting exams for final year students who have a backlog to clear from previous semesters. This is unpardonable," the Deputy Chief Minister said.

"Our intention is to see that the final year students finish their course. In the present situation, conducting only final semester exams won't help. We have to help the students in clearing their backlogs," added Ashwathnarayan, directing all universities to compulsorily conduct these exams.

Meanwhile, Ashwathnarayan thanked the staff and officials of various government departments who were responsible for successfully conducting the CET exams even amidst the difficult situation in the wake of COVID-19 pandemic.

"In all, 1,94,419 students had registered for the CET exams, of which 1,75,428 wrote the exams. The percentage of students who took up the exams this year was equivalent to that of the previous years, in normal times," the DCM informed.

"After we successfully conducted the exams, Arunachal Pradesh is going to conduct the Public Service Commission exams on the lines of how we successfully conducted the exams. Likewise, even our KPSC has said it will conduct the exams. We must appreciate the good work of the Karnataka Examination Authority (KEA), which has set an example for others," Ashwathnarayan said.

The deputy chief minister said that 33 colleges in various districts across the state faced shortage of land and that it is the responsibility of the District Commissioners (DCs) to get the lands sanctioned for all these colleges.
In Bagalkot district alone land has not been sanctioned for six degree colleges, he said.

Reacting to this, Bagalkot DC Captain Rajendra assured to look into the matter as soon as he receives the proposal from department officials.

"Similarly, there is shortage of land for five Diploma colleges and 28 ITI colleges in different parts of the state. The DCs must immediately pay attention to this. Once they get the land, buildings will come up within no time," the Karnataka deputy chief minister said.

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News Network
March 23,2020

Bengaluru, Mar 23: Karnataka government today decided to go for complete lockdown. This includes the closure of all non essential government offices, suspension of all public transport services and banning of mass prayers in places of worships across the state.

Chief Minister BS Yediyurappa had expressed the need for a complete lockdown like the Janta Curfew on Sunday. Going by this, there will be no government transport services at least till March 31 and as many as 19,000 government buses will be off the road.

The government also decided to cancel the famous Karaga festival. The CM said that all celebrations and functions will be called off along with mass prayers in mosques and churches.

The CM said that they have decided to procure 1,000 ventilators and 10 lakh face masks in addition to other health equipments.

Private hospitals have come forward to spare their doctors and nursing staff to attend to Covid-19 patients in government hospitals, the CM said.

Yediyurappa also said that he has directed the health department to paste notification on the houses of residents who are infected with coronavirus. This is being done after people with indelible seals and home quarantined are reported to be roaming freely. The notifications will help neighbours to keep an eye on them.

The CM said the government-run Indira Canteen will serve free food to the poor until the lockdown continues. He also said that action will be initiated against non essential shops that are open despite a directive to shut down.

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News Network
July 20,2020

A 32-year-old Dalit man was allegedly stripped and assaulted by a group of 13 youth in Karnataka's Vijayapura for reportedly touching a motorbike of an upper caste owner, police said on Monday.

"On a complaint by the Dalit victim (Kashinath Talwar), we have booked the 13 accused and investigating the incident, which occurred at Minajgi village near Talikoti on July 18," Vijayapura district Superintendent of Police Anupam Agarwal told reporters here.

"Though Talwar claimed that he touched the bike by mistake and pleaded for mercy, he said the accused severely thrashed him with sticks and footwear and took off his pants while he lay on the road haplessly," Agarwal said, citing from the victim's 2-page complaint in Kannada.

A video clip of the assault went viral on the social media and triggered outrage in the district against the upper caste accused, as the intervention by the victim's parents did not stop them from carrying the assault. Vijayapura is 524km northwest of Bengaluru.

Talwar's father Yankappa also alleged that he, his wife and their daughter were also attacked by the accused when they tried to rescue him from being brutally assaulted.

In a related development, two-three women in the village also filed a complaint with the police against Talwar for allegedly eve-teasing and 'flashing' before them.

"We have summoned Talwar to inquire about his conduct as the women alleged that he teased them, touched them inappropriately and exposed his private parts while they were washing clothes outside their houses," Agarwal said.

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