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
July 8,2020

Bengaluru, Jul 8: Karnataka on Wednesday reported the biggest single-day spike of 2,062 coronavirus cases and a record 54 fatalities, taking the total number of infections to 28,877 and the death count to 470, the health department said.

778 COVID-19 patients were also discharged after recovery in the state.

Out of the fresh cases reported today, 1,148 cases were reported from Bengaluru alone with 22 deaths.

The previous biggest single-day spike was recorded on July 5 with 1,925 cases.

As of July 8 evening, cumulatively 28,877 COVID-19 positive cases have been confirmed in the state, which includes 470 deaths and 11,876 discharges, the health department said in its bulletin.

It said out of 16,527 active cases, 16,075 patients are in isolation at designated hospitals and stable, while 452 are in ICU.

The dead include 22 from Bengaluru urban, Dharwad seven, Ballari four, three each from Hassan and Raichur, two each from Ramanagara, Chikkaballapura, Vijayapura, Tumakuru, Mysuru, and one each from Bidar, Dakshina Kannada, Kalaburagi, Chikkamagaluru and Bengaluru rural.

Among the districts where the new cases were reported, Bengaluru urban accounted for 1,148 cases, followed by Dakshina Kannada 183, Dharwad 89, Kalaburagi 66, fifty nine each from Ballari and Mysuru, Bengaluru rural 37, Ramanagara 34, Chikkaballapura 32, 31 each from Udupi and Haveri, Bidar 29, Belagavi 27, Hassan 26, and 24 each from Bagalkote and Tumakuru.

While Chikkamagaluru reported 23 cases, it was 20 in Mandya, Uttara Kannada 19, Davangere 18, 17 each from Raichur and Shivamogga, Kolar 16, 11 each from Yadgir and Koppal, Gadag five, Vijayapura four, and Chitradurga two.

Bengaluru urban district tops the list of positive cases, with 12,509 infections, followed by Kalaburagi 1,816 and Dakshina Kannada 1,534.

Among discharges, Bengaluru urban tops the list with 2,228 discharges, followed by Kalabuagi 1,351 and Udupi 1,178.

A total of 7,59,181 samples were tested so far, out of which 19,134 were tested on Wednesday alone.

According to the bulletin, so far 7,11,319 samples have been reported as negative, and out of them 16,503 were reported negative today.

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News Network
April 22,2020

Mangaluru, Apr 22: Iftar parties, Taraweeh and weekly Friday prayers in mosques have been banned in the district during Ramadan amid Coronavirus theat, Dakshina Kannada Deputy Commissioner Sindhu B Rupesh said here on Wednesday.

In a release issued here, she said, “As per the guidelines issued by the State government and Wakf Board, arranging Iftar gathering, and offering Taraveeh Namaz and Friday Namaz at mosques or dargas during the month of Ramadan has been prohibited as a precaution measure to prevent the spread of coronavirus. Therefore, offer prayers at homes instead of going to mosques," the DC said.

“No one can perform Namaz in the mosques except the muezzin and the Pesh imam and the staff of the mosque. Also, gathering neighbors and offering collective prayers at anybody's home is also not allowed. Masjid administration committees must follow the directives of the government, Wakf Board and the District Administration”, the DC urged.

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News Network
June 30,2020

Bengaluru, Jun 30: To instill confidence among its commuters, the Karnataka State Road Transport Corporation (KSRTC) has decided to put stamp on hand of all passengers before they are allowed to board the buses.

In a statement issued here on Tuesday, The decision was taken in the wake of a sudden jump in the number of COVID-19 cases reported from Bengaluru.

The round stamp is, however, different from 'home-quarantine' stamp applied to infected and they were not allowed to travel. Officials said that the measure is aimed at reassuring passengers that those travelling with them do not have symptoms. The left hand will be stamped with an ink which can be washed away by the time they reach home.

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