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
January 25,2020

Bengaluru, Jan 25: The Karnataka government would hold a Global Investors' Meet (GIM 2020) in Bengaluru from November 3-5 to showcase the southern state's ecosystem for attracting investments from the world over, an official said on Friday.

"Our Chief Minister B.S. Yediyurappa held the first road show on the GIM at the 50th World Economic Forum (WEF) annual meeting, being held at Davos in Switzerland and invited global firms to participate in the 3-day event for investment opportunities," additional secretary P. Ravikumar told IANS.

At a curtain-raiser on "Invest Karnataka 2020" on Thursday, the BJP Chief Minister said the theme of the GIM would be "Innovate Now. Growth Forever" as the state had one of the best natural and human resources for investing in manufacturing, services and agriculture sectors and creating jobs.

"About 100 entrepreneurs, businessmen and heads of global firms participated in the roadshow to assess the state's industrial policies, incentives, infrastructure, tax system and its ease of doing business for investment potential," Ravikumar said.

Among the participants at the event were Swiss-India parliamentary group president Niklaus-Samuel Gugger, Uber Chief Executive Dara Khosrowshahi, General Electric (GE) executive William Cowan and heads of Gemini Corporation, Coca Cola, SAP Labs, Swiss Re and Mitsubishi Heavy Industries.

"Khosrowshahi discussed Uber's expansion plans in Bengaluru and assured the Chief Minister of investing more in the state. Cowen expressed interest in the development of healthcare, renewable energy and power distribution across the state through partnership with the state government," the official noted.

The US-based transnational firm (GE) has a large presence in Bengaluru with one its largest engineering and technology centres and two production plants.

"A Coca Cola executive told Yediyurappa that the soft beverage firm would initially invest $25 million in its plants in the state and enhance it to $200 million to benefit farmers and rural people with access to clean drinking water in their villages," Ravikumar said.

The Chief Minister also sought to know the investment or expansion plans of global firms present in the state, especially Bengaluru and assured their heads of the state support in creating hundreds of jobs and wealth.

About 100 members of the Indian delegation to the WEF, led by Union Commerce and Industries Minister Piyush Goyal, Confederation of Indian Industry (CII) director-general Chandrajit Bannerjee, Bharat Forge chairman Baba Kalyani, Kirloskar Systems Managing Director Vikram Kirloskar, also participated in the state's GIM roadshow.

State Industries Minister Jagdish Shettar, chief secretary T. M. Vijaya Bhaskar, additional chief secretary E.V. Ramana Reddy and industrial department principal secretary Gurav Gupta also attended the state event.

"Emiriti Lulu Group chairman M.A. Yusuf Ali discussed plans to invest $300 million (Rs 2,160 crore) in logistics, hospitality and health/wellness sectors across the state with Yediyurappa," said Ravikumar.

Ali, an NRI (non-resident Indian) migrated to the United Arab Emirates (UAE) from Kerala two decades ago and founded the Lulu Group at Abu Dhabi to operate a chain of hypermarkets and retail firms since 2000.

"The Chief Minister assured Ali of speedy approvals and incentives for investing in the state, with ease of doing business," the official said in an e-mail to IANS from the Swiss town.

Asserting that his proactive government would work overtime to facilitate global investments in the southern state, Yediyurappa said he was committed to create more jobs across sectors.

Dassault Systems executive Florene Verzelen told the chief minister about her company's plans to set up centres of excellence in smart manufacturing and smart cities in the southern state.

"The centres will train and equip the youth with skilled jobs in large corporations the world over," Ravikumar reiterated.

Yediyurappa apprised US aerospace behemoth Lockheed Martin executive Richard Ambrose of the ecosystem for aerospace and defence industry in the state, especially Bengaluru.

"I will soon visit Bengaluru to explore the possibilities of investing more in Karnataka and taking up research and development work," said Ambrose on the occasion.

A delegation from global automotive component maker Denso also called on the chief minister and interacted with the state delegation.

The Japanese firm has an excellence and research centre in New Delhi and a manufacturing unit at Nelamangala on the outskirts of Bengaluru.

Denso executive Hiroyuki Wakabasyi said he would visit Bengaluru soon to explore further investments in the state.

"Arcelor Mittal chairman Laxmi Mittal also met the chief minister and discussed his company's investment plans in the state," the official added.

Mittal backed out of setting up a steel plant in the state's northern region over a decade ago due to delays in acquiring land and mandatory approvals.

Drug maker Novo Nordisk chief executive Lars Fruergaard expressed readiness to work with the state government in taking up educative and awareness programmes for diabetic patients.

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coastaldigest.com news network
July 5,2020

Mangaluru, Jul 5: A veteran politician and former union minister has repeatedly tested positive for COVID-19 in the Dakshina Kannada.

The former minister, who resides in Bantwal taluk, is said to be asymptomatic.

His wife and children have also tested positive for the coronavirus.

Meanwhile, one of the kin of the former minister said that he is undergoing treatment at a private hospital in Mangaluru. "He is asymptomatic and doing well," he said.

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coastaldigest.com news network
July 18,2020

Mangaluru, July 18: A man and his son have been arrested for torturing an elderly woman in Savanalu under Belthangady police station limits in Dakshina Kannada. 

The arrest came after a video clip of the duo beating the woman went viral on social media.

According to police, the duo has been identified as the woman’s son Srinivas Shetty and her grandson Pradeep Shetty.

The accused had allegedly been torturing the 70-year-old ailing woman and the video of the same has gone viral on social media.

The police have booked a suo moto case under Indian Penal Code 323, 504 and section 24 of Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

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