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
February 2,2020

Kolkata, Feb 2: A protester at Park Circus, known as Shaheen Bagh of Kolkata, died last night after she fell ill during her agitation against CAA, NRC and NPR.

The woman has been identified as Sameeda Khatun (57) who was a resident of Entally area of the city. According to protesters, Khatun who was asthmatic patient died after suffering a cardiac arrest. She is survived by husband and eight children.

Around 250 women from Kolkata have been holding a peaceful sit-in at Park Circus Maidan since January 7 to protest against CAA, NRC and NPR and demanding the withdrawal of the new citizenship law.

Research Scholar at Rabindra Bharati University, Nousheen Baba Khan who has been spearheading the Park Circus protest since the beginning, told the newspaper, “Sameeda Khatun was a regular face at the protest and she was not well as she had asthma.

Last evening she came to me complaining that she is having trouble in breathing. We immediately took her to Chittaranjan Hospital where doctors said she had suffered a cardiac arrest. We later took her to Islamia Hospital where doctors declared her brought dead,” said Khan.

Comments

ABDULAZIZ
 - 
Monday, 3 Feb 2020

Inna Lillahi wa in ilaihi rajivoon.    

 

Subhaan Allah,   she died for the cause .May Allah Almighty accept her shahada . and bless her with Jannatul Firdous .   Aameen

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coastaldigest.com news network
January 19,2020

Mangaluru, Jan 19: ‘Ride For Rotary’ convoy of motor vehicles was flagged off from Hotel Ocean Pearl Inn at Bejai-Kapikad, Mangaluru on Sunday, 19th January, 2020 at 9.00 a.m. Rotary district governor Joseph Mathew flagged off the event along with Assistant Governors Sumith S. Rao, Geethanand Pai and Ritesh Baliga. The riders headed for Puttur after topping up their fuel tanks at Lady Hill Petrol Pump.

2019-20 Ride For Rotary includes 28 motorbikes and 5 cars. 38 Rotarians from 14 countries are participating, in this, the fourth edition of the event. They will traverse through Madikeri, Mysore, Wayanad, Ooty, Coimbatore, Munnar, Thekkady and Allepey before terminating at Kochi on 29th of January, 2020. The participating nationalities are India, Norway, Sweden, Canada, France, Germany, USA, UK, Switzerland, Austria, Denmark, Poland and Belgium. They belong to ages 21 to 78, with 78-year old Otto Rieve from Canada being the senior most enthusiast. Swiss national of Indian origin Raj Patholi and Mangalorean Abraham Zacharias are among the riders. 

Mangalore was chosen as the starting point for the convoy route this year which will cover Kerala, Karnataka and Tamil Nadu. On the eve of the event, the organizers hosted a gala dinner for the riders at Citi Beech, Bolar. The riders were given a glimpse of the traditional dance forms and were treated to some wonderful songs in Tulu and Kannada along with local coastal cuisine.

They were also given a glimpse of the major service projects undertaken in our district by Rotary, such as the Rotary Blood Bank on Wheels, the Physiotherapy Clinic at Wenlock Hospital, the Schools adopted by Rotary and the Ashrams and Villages that are being served by Rotary. The idea behind this is to see that riders carry these memories and think of helping Rotarians in India through their matching contributions for future service projects.

‘Ride For Rotary’

Ride for Rotary is a charity event conceived by Rotary District 3181 which comprises of the revenue districts of Mysore, Kodagu, Dakshina Kannada and Chamarajanagar covering 85 Rotary Clubs in 9 zones. Rotarians from across the world will come together for twelve exhilarating days. They will traverse through the meticulously arranged routes, enjoy the natural beauty of the places and experience the varied cultures and cuisines of the region. Ride for Rotary connects people and places like no other - Rotary Connects the World.

The proceeds from the event go to The Rotary Foundation, a charitable organisation that works tirelessly for the upliftment of the society.

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coastaldigest.com news network
February 5,2020

Bengaluru, Jan 5: B S Yediyurappa-led Karnataka cabinet has finally decided to resume supply of subsidised rice and wheat to students of welfare institutions and hostels including those run by religious mutts under the Dasoha Scheme’s welfare programme. The supply was stopped over two months ago.

“Cabinet has decided to continue supply of subsidised foodgrains (rice and wheat) for the benefit of 37,700 children under the Dasoha scheme in 351 welfare institutions for the next one year at the cost of Rs 18 crore,” said J C Madhuswamy, Law and Parliamentary Affairs Minister. Under this scheme, institutions that provide free accommodation and food for students are entitled to avail 10 kg rice and 5 kg wheat per student every month at subsidised rates. But following a central government directive in November, the state government had stopped supply to private institutions since December.

Hours before the cabinet meeting, Khader addressed a press conference and said, “This government is snatching away food from children by stalling the supply of foodgrains. Institutions like Suttur Mutt, Siddaganga Mutt that have worldwide fame for their service are being inconvenienced by this,” Khader said.

Finding itself in a fix, especially in a matter that involves mutts, the cabinet was quick to restore the supply. “Foodgrains were being supplied to 183 government-run institutions and 281 institutions run by private entities. As per a central government directive, supply to private institutions was stopped but the decision was made by the previous government,” Shashikala Jolle, Women and Child Development Minister, said.

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