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
June 3,2020

Bengaluru, Jun 3: Deputy Chief Minister CN Ashwath Narayan on Tuesday invited investors in the Electronics System and Design Manufacturing (ESDM) sector to Karnataka, as the state contributes 64 per cent to the sector's total exports from the nation.

During a video conference organised by Invest India for a few select states with leading ESDM players across the globe, Narayan said, "We are the largest chip design hub and home to 70 per cent of India's chip designers."

Karnataka has introduced industry-friendly policies from the beginning and it continues to be the leader in attracting technology-specific investments, he added.

"Karnataka has an estimated GSDP of almost USD 220 billion. We were the first to come out with IT, BT, ESDM, and AVGC (Animation, Visual Effects, Gaming, and Comics) policies to give a push to the growth of the technology sectors and innovation. We also have vibrant automobiles, agro, aerospace, textile and garment, and heavy engineering industries," Narayan explained.

"We have created sector-specific SEZs for key industries such as IT, biotechnology and engineering, food processing and aerospace,'' he said.

However, the state government is planning ahead as it has initiated talks with other countries.

"We have held multiple consultations with the private sector to seek inputs for returning to business as we ease the COVID-19 lockdown restrictions. We are also initiating dialogue with countries across the globe to understand future plans for their companies in the post COVID era and discuss how the Karnataka government can support that," the Deputy Chief Minister stated.

"Karnataka has attracted cumulative FDI inflows in the state from 2000 to 2019 which were recorded at USD 42.3 billion," he said.

Referring to the Karnataka ESDM policy 2017-2022, Narayan further said, "We aim to stimulate the growth of 2,000 ESDM start-ups during the policy period and create 20 lakh new jobs by 2025.

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News Network
February 14,2020

Bengaluru, Feb 14: A 31 -year-old Bhojpuri dancer and another girl were rescued from human traffickers after the former alerted city police on landing at Kempegowda International Airport (KIA) on Tuesday. They were to be received by a woman named Preethi at the airport.

The dancer had been told she was supposed to perform a few stage shows in the city, which has a significant Bhojpuri-speaking population. But when she realised she is likely to be pushed into flesh trade, she raised an alarm.

The woman, Radha (name changed), is a mother of four children and the lone breadwinner of the family. A few months ago, Radha came in contact with a woman named Soniya in New Delhi during a dance performance. Last month, Soniya got in touch with Radha and offered to pay Rs 40,000 per month if she performed in Bengaluru.

Radha agreed and was sent to Bengaluru from Chandigarh along with the other girl. During the journey, she learnt she was supposed to do more than just perform on stage. A shocked Radha informed the Central Industrial Security Force personnel manning KIA that she feared being pushed into prostitution. KIA police were informed and the women were rescued. Preethi was arrested.

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News Network
June 2,2020

Bengaluru, Jun 2: Karnataka Chief Minister B S Yediyurappa on Monday claimed 70 per cent of the people of the country want Narendra Modi to not only complete the current term, but also want him as the Prime Minister for the next term.

He also called PM Modi "iron leader" for scrapping Article 370 that terminated special status to Jammu and Kashmir.

"70 per cent of the people of this nation want Narendra Modiji not only to complete this term, but also want him as the Prime Minister for the next term, so that he can find solution to the problems faced by this country. This is the aspiration of the young India," he said.

Mr Yediyurappa said PM Modi has successfully completed one year of the second term and the country is surging ahead in the path of progress under his "exceptional and far-sighted leadership."

"The Prime Minister is leading the country forward towards development with his Sab Ka Saath, Sab Ka Vikas, Sab Ka Vishwas principle and inclusive schemes," he said, adding that PM Modi is spearheading the cause of building a "strong and self-reliant Bharath."

Speaking to reporters in the backdrop of the one year of the Modi government''s second term in office, the chief minister said Modi is recognised as an exceptional leader not only in India, but also at the global level, through his mantra - Vasudaiva Kutumbakam.

Mr Yediyurappa termed the PM "iron leader" for scrapping Article 370 that terminated special status to Jammu and Kashmir, and formation of Jammu- Kashmir and Ladakh as Union Territories.

He listed the key decisions of the BJP-led central government such as banning the practice of triple talaq among Muslims, the Vande Bharath Mission, the Citizenship Amendment Act, one country-one ration card scheme, new Motor Vehicle Act, besides also "finding solution to Ram Mandir issue" , among others.

Mr Yediyurappa said PM Modi's decision has played a decisive role in dealing with the COVID-19 situation in India. He has competently handled a huge challenge of combating the coronavirus in a country with a population of 130 crore.

"He implemented the most stringent lockdown restrictions in the world to control the spread of COVID-19 and achieved remarkable success," he said, and lauded the Rs 20 lakh crore package that has been announced to revive the economy amid the pandemic.

"Modiji also supported the State during the devastating floods last year.....the state government is determined to develop Karnataka deriving inspiration from our Prime Minister''s efficiency."

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