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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coastaldigest.com web desk
June 7,2020

Mumbai, June 7: As the Maharashtra government has given green signal for outdoor physical activities under 'Mission Begin Again' despite amidst growing cases of covid-19,  thousands of Mumbaikars flocked to Marine Drive for 'morning walks' on Sunday.

People were seen wearing masks as a precaution from the novel coronavirus pandemic, however, from the viral photo, it seems that no social distancing norms were followed what so ever.

"Better call it marne waalon ka drive," said a Twitter user. "Still people have no sense of responsibility," said another Twitter user.

After nearly 80 days of lockdown, Mumbai and other parts of Maharashtra revved back to life on Friday. 

Most markets, market areas, commercial and trading areas - barring malls or market complexes - reopened for business even as Chief Minister Uddhav Thackeray reiterated that "people should tread cautiously while beginning a 'new life' from today".

Meanwhile, of the total 82,968 cases in Maharashtra, Mumbai now accounts for 47,354 cases and 1,577 deaths.

On Saturday, Maharashtra reported 120 deaths, including 58 in Mumbai, due to COVID-19, taking the overall number of fatalities to 2,969, state Health department said.

The recovery rate in the state stands at 45.06 per cent and the fatality rate at 3.57 per cent, an official statement said.

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News Network
January 5,2020

Mangaluru, Jan 5: In a frightening incident, a leopard which was trapped in a snare attacked and injured three persons in its successful bid to escape Balpa village in Sullia taluk of Dakshina Kannada. 

The incident occurred on Thursday when around 15 forest staff approached the trapped leopard to tranquilize it with a dart. The leopard, however, managed escape. 

While running away, it attacked a villager Balakrishna, aged about 70, who was working in the nearby plantation. He sustained injuries on his upper lips.

He was rushed to a hospital in Sullia and then was shifted to the Government Wenlock hospital for further treatment. He is learnt to be out of danger.

After this incident, the forest department kept a tab and tracked the leopard using a drone.  

According to V Karikalan, deputy conservator of forest (DCF), Dakshina Kannada, Between 5pm to 5.30pm on a tip off that leopard was spotted near a bush, the forest department tried to approach it again and the animal jumped on the officials, injuring Assistant Conservator of Forests Austin and forest guard Divith. 

The injured were rushed to a nearby hospital and then taken to Mangaluru for further treatment. They are learnt to be out of danger.

Meanwhile, the department is continuing combing in the village and surrounding areas. Three teams consisting of three RFOs and 10 Dy RFOs, supported by doctors are on the field. The forest department has also placed two leopard capturing cages in the area. Night patrolling will continue and public announcements are being made.

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News Network
June 15,2020

Bengaluru, Jun 15: As the central government has not allowed reopening of gyms in the country amid COVID-19 pandemic, many gymnasiums in Bengaluru are on the verge of closing or sale.

Rakshith Gowda, a gym owner and secretary of gym owners association told ANI that they are not even able to pay rent of the premises which is Rs 60,000 to 1 lakh per month.

"The condition of the owners of the gym have worsened. We have to pay a minimum of Rs 60,000 - 100,000 rent of the building and for past 4 months we couldn't pay the rent, salary to trainers and cleaners, EMI," Gowda said.

"I urge the government to take necessary steps to bring up the gym sector as they have allowed opening up of shops, temples, malls. We urge the government to take proper steps in the interest of gyms," added Gowda.

Mahesh, a gymer said that he had to participate in a competition and due to lockdown he could not work on his bodybuilding.

"I was building my body for one year and due to lockdown I couldn't do the workout, I had to take part in a competition, now I need at least another one year to build my body back," Mahesh said.

Prasad, international bodybuilder said, "Most of the bodybuilders and gym owners are running gyms by taking loans, they are not in the situation to pay their loan EMIs."

"It's very important for us to reopen gyms and run them with all precautions and guidelines but the government is not allowing us to pay our loans and many gym owners and trainers are facing a tough time to earn living. We have requested Deputy Chief Minister Govind Karjol and cabinet ministers to allow us to open, but the government hasn't taken the decision in the interest of gyms which is creating more problems for us," Prasad said.

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