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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Agencies
February 7,2020

Thiruvananthapuram, Feb 7: Making a scathing attack on the Central government, Kerala Finance Minister Thomas Issac on Friday said the BJP-led NDA government was "strangulating" the southern state by denying funds.

Presenting the 2020-21 budget of the Pinarayi Vijayan led-LDF government, he alleged the centre has been "helping" corporates rather that the common man.

"The Centre has been strangulating Kerala by denying funds for the state and has been moving on a self-destructive path by corporate-friendly policies and privatisation. The GST implementation has not been beneficial for the state," he said.

"The government proposes 2.5 lakh water connections in the upcoming financial year. We will also construct one lakh houses under Life Mission," the finance minister said.

The budget has allocated Rs 90 crore for Pravasi Welfare Fund and the government proposes power projects with a capacity of 500 MW.

"The government proposes Kochi development plan with a fund of Rs 6,000 crore. The city will get an unified travel card and Metro project will be extended," Issac said.

The state government has increased all welfare pension funds by Rs 100, allotted Rs 40 crore to paddy farmers and Rs 10 crore for startups in the state.

The local self-governments have been allotted Rs five crore for waste management, Rs 20 crore has been set apart for 1,000 food stalls under hunger-free Kerala, where meals will be made available at Rs 25. 

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News Network
July 16,2020

Bengaluru, Jul 16: Former union minister and Senior Congress leader Veerappa Moily on Wednesday said that if at all there is a political future for Sachin Pilot it is in the Congress party.

While speaking to news agency, Moily said Sachin Pilot achieved everything by being in Congress party.

"Sachin Pilot became MP, union minister in UPA-II, PCC president in Rajasthan and Deputy Chief Minister of Rajasthan. Whatever grievances you have, it needs to be resolved within the forum of the party. There is no hurry for Sachin Pilot. If at all there is a future for him it is in the Congress party. He has to realise that. He says he won't join BJP, it is good," Moily said.

The former Union Minister Moily further said that Pilot could not become Chief Minister as in Congress, the high command sends an observer and opinion of MLAs is ascertained, be it in Madhya Pradesh or Rajasthan.

"The leader who enjoys the support of elected MLAs is made Chief Minister," Moily said.
On July 14, Congress party had sacked Sachin Pilot from the post of Deputy Chief Minister of Rajasthan and also from PCC president.

The Rajasthan Congress is in turmoil over the past few days. State Chief Minister Ashok Gehlot has blamed the BJP for attempting to destabilise the state government by poaching MLAs. The Congress government in the state is facing a political crisis after simmering differences between Pilot and Ashok Gehlot came out in the open.

A controversy broke out in Rajasthan after Special Operation Group (SOG) sent a notice to Pilot to record his statement in the case registered by SOG in the alleged poaching of Congress MLAs in the state.

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coastaldigest.com news network
July 20,2020

Lucknow, Jul 20: Dr Azizuddin Sheikh, who was fighting COVID-19 as a front line worker, passed away after contracting coronavirus in Uttar Pradesh. He is survived by a wife and three small children. 

40-year-old Dr Azizuddin, who hailed from Rajasthan, was serving as a paediatrician at Avanti Bai Hospital and Duffein Hospital, Lucknow for past few years. He had also worked in the Middle Eastern countries. 

When a large number of doctors preferred to stay home following the covid-19 outbreak, Dr Azizudin was working 16 to 17 hours battling the pandemic. 

According to sources, he tested positive for the covid-19 last month. “After the reports came positive, he had to call the concerned authorities many times to take him to the hospital,” recalled his family members.

He was first admitted to Lok Bandhu Hospital and was later shifted to KGMU after his condition deteriorated. Later he was taken to SGPGIMS.
 
“Despite following all the guidelines and taking every precaution while treating coronavirus patients, he tested positive for the covid-19. It’s a shock for all of us,” he said.

He used to console his family members and instill confidence among them, said one of his relatives. 

A local newspaper quoted his friends as saying that he was very dedicated in serving people that he used to take minimal possible fees from his patients. When the family asked him to increase consultation fees his reply would be, “They are poor people, how will they afford”?

After his death, one of his patients Alok Singh wrote about an incident. “When I asked doctor Sahib why he charges so less, his answer was I have to answer Allah. The truth that he has left us will always be the reason for our grief.”

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