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

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
June 5,2020

Bengaluru, Jun 5: An FIR has been filed against former journalist and human rights activist Aakar Anil Patel in Bengaluru here over his comments on social media under charges pertaining to provocation with intent to cause riots.

The FIR was registered under Section 117 (abetting commission of an offence by the public or by more than ten persons), 153 (wantonly giving provocation with intent to cause riot), and 505-1-B (intent to cause, or which is likely to cause, fear or alarm to the public, or to any section of the public) of the Indian Penal Code (IPC) at the JC Nagar police station.

According to the FIR filed on June 2, Patel had tweeted that protests like the ones in the US over George Floyd's death are needed in India by the marginalised communities.

Patel, former chief of Amnesty International India, had on May 31 posted from his Twitter account, which is not verified.

On May 25, Floyd died in police custody in Minneapolis, Minnesota, following which protests against police brutality and racism erupted in various cities in the United States. The protests were later replaced by incidents of violence across the country.

India also has witnessed several cases of mob lynchings and custodial deaths in recent years. In most cases victims belong to down trodden communities such as Muslims and Dalits.

Responding to the development, Amnesty International India has said that FIR against Patel is another example of how the right to dissent is being "increasingly" criminalised.

"The Bengaluru police must stop abusing its authority and put an end to the intimidation and harassment of Aakar Patel for exercising his constitutionally guaranteed right to freedom of expression. People of this country have the right to agree or disagree with those in power, and to express these opinions in peaceful protests - without fear or unlawful interference," Amnesty International India Executive Director Avinash Kumar said.

He said that peacefully protesting against the government is not a crime and added that not agreeing with the policies of those in power does not make you a traitor.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
coastaldigest.com news network
June 14,2020

Newsroom, Jun 14: Bollywood star Sushant Singh Rajput, who was found dead in his house in Mumbai’s Bandra today, was heartbroken after the death of his former manager Disha Salian.

34-year-old actor had posted a heartfelt note after her death: “It’s such devastating news. My deepest condolences to Disha’s family and friends. May your soul rest in peace.” 

The police are considering 28-year-old Disha’s death as an accidental one and the investigation is on to find if it was a suicide. She died after falling off the 14th floor of a building in Malad, Mumbai on June 8.

It is not yet known if there is any connection between the two deaths. Sushant’s house help reportedly found him hanging inside his room on Sunday and cops are investigating the case. He was recently seen in Nitesh Tiwari’s Chhichhore and more recently on Netflix opposite Jacqueline Fernandez in Drive.

Who is Disha Salian?

Disha Salian hails from Karnataka’s coastal district of Udupi. She was born in 1992 into a business family background. She reportedly migrated to Mumbai with her family at an early age. 

After completing her education, she worked in the Times of India Group for more than three years. She went on to become the celebrity manager at Media Vantage.

Apart from Sushant, she had great links with many popular celebrities like Bharti Singh, Alisha Panwar, and others.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
January 8,2020

Bengaluru, Jan 8: The all-India shutdown by trade unions and other organisations began with little impact in the tech city as normal life continued on a working day, an official said.

"No effect of shutdown in the city though banking operations are affected as bank staff are supporting the trade unions," a state official said here.

However, thousands of workers participated in other parts of Karnataka in the nation-wide shutdown call given by trade unions, protesting central government's anti-labour laws and privatisation policies.

Protesters were seen carrying the red trade union flags at several places such as Hassan, Chamarajanagar, Tumakuru, Mysuru, Bengaluru and others.

Massive protests were seen in Peenya, and Neelmangla areas of Bengaluru.

In Madikeri, stones were pelted at a bus and some protesters were detained in Kolar.

The trade unions are against the privatisation of railways and corporatisation of 49 defence production units.

Merging 44 labour laws into four code is also one of the demands of the protesting trade unions.

The protesters are demanding raising the minimum wage in the range of ₹21,000 - 24,000 per month.

The All India Trade Union Congress (AITUC), Centre of Indian Trade Unions (CITU), Indian National Trade Union Congress and Labour Progressive Federation (LPF) have given an all-India shutdown (Bharat Bandh) call on Wednesday.

Karnataka Chief Minister B.S. Yediyurappa instructed the intelligence chief and additional director general of police Kamal Pant to maintain law and order in view of the Bharat bandh when he apprised him of the situation.

Police tightened security across the city by deploying 11 deputy commissioners of police (DCPs), 23 assistant commissioners of police (ACP), 111 inspectors, 316 sub-inspectors, 476 assistant sub-inspectors, 4,547 constables along with 82 platoons of Karnataka State Reserve Police (KSRP).

In Bengaluru city, Metro services were not affected by the nationwide strike. In view of the shutdown, security was beefed at the Metro stations.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.