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 8,2020

Bengaluru, Aug 8: Congress is confused on the Ram Mandir issue and in dilemma to take a firm stand fearing loss of Muslim or Hindu votes, according to BJP leader and Union Parliamentary Affairs Minister Pralhad Joshi.

"Congress opposed BJP's stand on constructing Ram Mandir in Ayodya, it called Lord Ram fictional and even decided to break the Ramsetu. Now, Congressmen are speaking the other way. Congress cannot think beyond vote bank politics which is in its DNA itself. Congressmen think that they are born to be in power," he said while speaking to media persons. 

He said that BJP is all for constructing a grand Ram Mandir peacefully and legally, due to its conviction and not for politics. Same was the case with the revocation of Article 370 for Jammu & Kashmir. Anti-national activities have comparatively come down now. 

Some people do not want everything going smoothly in the country, and Congress and Asaduddin Owaisi are among them, Joshi opined, adding that the Congress is merely frustrated.

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Agencies
May 30,2020

Mumbai, May 30: Former Bollywood actress Zaira Wasim has deleted her Twitter and Instagram accounts after being heavily trolled for quoting from the Quran while talking about locust attacks.

"So We sent upon them the flood and locusts and lice and frogs and blood: Signs openly self explained: but they were steeped in arrogance -- a people given to sin. --Qur'an 7:133," Zaira had tweeted.

Soon, she started receiving hateful comments from netizens who interpreted her post as a justification of the locust attacks. They felt that Zaira was suggesting that the incident is God's way of expressing wrath.

Shortly after being deluged with such comments, Zaira Wasim deleted her Twitter and Instagram accounts.

However, a section of netizens continue to attack Zaira on her Facebook page, where she put up the same post.

Commenting on the post, a user wrote: "Lady you must have taken into account of those people of JK, Kerala and elsewhere who are also suffering from the virus. Moreover the crops which are damaged by locust had no name as to who will consume them. In this hours of crisis please post something which is positive and reflects your education."

Another user shared: "So according to you, with all due respect every year on the same time period, Allah send locust to India to destroy the crops of poor farmers who are not even involve in the industrial rise, who don't use vehicle to destroy the nature, and Allah send locust only to harm the poor farmers and not the rich one who actually destroy nature."

"So those farmers who lost there fields of crops and will probably go into debt and may also commit suicide, those farmers who feed the nation, who feed you and every one, are sinners?" asked yet another user.

However, there were a few on social media who felt Zaira had done nothing wrong.

"Quoting Quranic Verse is not a crime... Why is every Indian abusing @ZairaWasimmm. She didn't mention any particular nation or religion. I request everyone please stand with #ZairaWasim. She needs our support. #ISupportZairaWasim," goes a tweet.

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News Network
February 21,2020

Thiruvananthapuram, Feb 21: A school in the city has allegedly denied admission to a boy whose parents did not fill the religion column in the application form, prompting the Kerala education department to seek a report.

The parents, Naseem and Dhayna, had sought admission for their son to the first standard at the St Mary's school, a government-aided institution. They alleged that school authorities had claimed that registration will not be possible on the education department's 'Sampoorna' portal without filling the 'religion' column.

"We were informed by the school authorities that it was not possible to give admission to our child as we wrote 'nil' in the religion column. They claimed that if nil is mentioned, the admission process will not get registered in the school management software of the education department," Naseem said.

Sampoorna is a school management system project implemented by the Kerala education department to automate the system and process of over 15,000 schools in the state.

The parents later approached the ministry and the Directorate of Public Instruction (DPI) to get further clarification.

"The state government officials denied that there were any issues with the software and confirmed to us that the admission process was going on.

When we approached the school authorities again, they asked us to give in writing that we, the parents will take responsibility of any issues that may occur in the future," Naseem said.

The parents then decided not to enroll their son at the school due to the manner in which the issue was handled by the institution. Reacting swiftly, the state government sought a report from the DPI and the deputy director of the education department on the matter.

"We have asked the DPI and the deputy director of the education department to look into the matter and file a report as soon as possible," Education minister C Raveendranath told PTI. The parents said after the news spread, a school official called them offering admission.

"But we decided not to enroll him there due to the approach of the school authorities," he said.

Naseem runs a catering business after returning from the Gulf.

The school management in a release claimed that they sought a letter in writing from the parents to avoid trouble in the future. "When school authorities asked why the religion column was left blank, the parents said they were not interested in filling that part. The parents have that right.

But most benefits given by the government to school children are based on religion. We just wanted to ensure that the parents take the responsibility in case the student misses out any such benefits in the future," the management said.

School authorities maintained they never denied admission to any student. The parents are now looking for admission for their son in other schools in Thiruvanathapuram.

Ravindranath recently claimed in the state Assembly that over one lakh children in Kerala had left columns relating to caste and religion blank in school admission records during the 2017-18 academic year. In a written reply, he said as many as 1,24,147 children had not filled these columns while enrolling in different classes in government and government-aided schools during the period.

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