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
May 5,2020

Bengaluru, May 5: After Congress delegation was denied to donate a cheque of Rs one crore to ensure free transportation to migrants, Karnataka Pradesh Congress Committee (KPCC) president DK Shivakumar said that Congress party can go anywhere and help anyone they want and BJP leaders must understand what constitutional rights are.

Earlier on Monday, Karnataka Deputy Chief Minister who holds the transport portfolio, Lakshman Savadi suggested the Congress delegation for donating at least Rs 150 crore to the Chief Minister's Relief Fund instead of handing over a cheque of Rs one crore as a donation in order to bear the transportation fare of the migrants.

While reacting to Deputy CM and other BJP leaders' comments, Shivakumar said, "BJP leaders must understand what constitutional rights are. Who are these BJP leaders? They are now entering to help migrant workers after RSS guidelines. They must understand that we are a party and we can go anywhere and help anyone we want."

Congress leaders on Monday met Savadi to handover a cheque of Rs one crore in order to donate money for the migrant workers' transportation.

However, Savadi did not accept the cheque and suggested the Congress delegation to donate a bigger amount to the CM Relief Fund.

While addressing media after meeting the Congress leaders' delegation in the leadership of KPCC president, DK Shivakumar, Savadi said: "Congress has a history and its a wealthy party, still if Congress leaders want to donate, at least they must donate Rs 150 crores to the CM relief fund to fight COVID-19."

DK Shivakumar yesterday slammed the government and urged to depute free transport services to migrant workers, he asserted that Congress will donate money in this regard.

But the Managing Director of KSRTC denied to accept the cheque of Rs one crore and suggested the Congress delegation to meet transport minister or Chief Minister and donate to CM relief funds. Hence, today congress leaders met deputy CM Lakshman Savadi and tried to handover Rs one crore cheque which he did not accept.

After Congress leaders slammed the government and people criticised the decision of collecting bus fares, CM BS Yediyurappa ordered for free transport service to migrant workers.

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News Network
March 23,2020

Mangaluru, Mar 23: People in Thukkottu and Ullal area of Mangaluru are in panic after a local woman who recently returned from a foreign country fell ill.

On receiving information the health officials from Ullal PHC visited the house of the woman, who is suffering from fever and cold. They provided her medicines and asked her to remain quarantined at home.

It is said that the woman's mother, who had come to a grocery shop near Thokkottu, informed the shopkeeper that her daughter, who had returned from abroad, was suffering from fever.

The alert shopkeeper, understanding the gravity of the situation, informed ZP Standing Committee on Health and Education President Dhanalakshmi Gatti, who in turn brought the issue to the notice of health officials.

The health officials rushed to her house and diagnosed her. However, the authorities have requested the local people not to be panicked as it is not yet confirmed whether the woman is suffering from COVID-19 caused by the novel coronavirus.

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News Network
April 12,2020

Belagavi, Apr 12: Karnataka police have filed cases against seven people for hiding their visit to Delhi for attending a religious congregation at Nizamuddin Mosque, last month, police said on Sunday.

The Commissioner office here, in a statement said that Hirebagewadi police filed cases against seven persons including one participant and his family members and Tablighi leader for hiding information regarding participation in the religious meeting 'Tablighi Jamaat ' at Nizamuddin in New Delhi in March.

A youth from the Hirebagewadi village had visited New Delhi and hidden information about his visit and misguiding the Task Force officials when they visited his house. COVID-19 Task Force and Model officials informed the matter to Hirebagewadi police.

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