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
March 24,2020

Udupi, Mar 24: Four people, including two women, suspected to have infected with Coron were admitted to the hospitals in Udupi district

According to the District Administration, in all, 51 samples were sent to the laboratory for test and 40 samples have been tested negative.

The result of remaining 11 swabs were awaited.

At least 21 people had been admitted to the isolation wards of hospitals in the district. Nine had been discharged from the isolation wards after they recovered from the health complications on Monday, it further said.

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News Network
January 12,2020

Bengaluru, Jan 12: Karnataka’s ranking in Niti Aayog’s sustainable development goals (SDG) index rose by one place to No. 6 in 2019, compared to the year before.

Of the 17 SDGs that are used to compute the overall index, Karnataka topped in two – ‘climate action’ and ‘life on water’. The former is a measure of how well a state integrates climate action into policies and strategies and promote mechanisms for raising capacity for effective climate change planning and management. The latter focuses on preventing marine pollution, ending illegal and destructive fishing practices, and sustainably managing and protecting marine and coastal ecosystems.

It also did well in ‘decent work and economic growth’ and ‘peace, justice and strong institutions’. But it fared poorly, slipping 16 places – from No. 5 in 2018 to No. 21 in 2019 – in ‘industry, innovation and infrastructure’. Rankings in ‘quality education’ and ‘zero hunger’ have also fallen. While in education it is now ranked 7, a drop of three places, in ‘zero hunger’, it has dropped to No. 17 from 13. SDG is a United Nations initiative. Niti Aayog has customised it for India, and 36 states and union territories are ranked. The organisation admits there is an issue of data availability in India, indicating the numbers may not exactly reflect the ground situation.

In ‘industry, innovation and infrastructure, Karnataka scored just 40 out of a target of 100. The country average was 65. It failed to achieve targets in all the four parameters for the category, except in the number of mobile connections, where it has 100 connections per 100 population. The biggest dip was in manufacturing industry jobs and in providing allweather roads under Pradhan Mantri Gram Sadak Yojana to targeted habitats. Niti Ayog has given a score of 0 for the latter. Speaking on the dismal performance in the ‘industry and infrastructure’ category, state planning commission vice-chairman BJ Puttaswamy said he was yet to look into this parameter. “I have asked the departments concerned to meet me by Monday,” he said.

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News Network
February 8,2020

Bengaluru, Feb 8: The BJP on Saturday drew flak on Twitter for taking a swipe at Muslim women who appear to be standing in a line to vote in Delhi's assembly polls. ""Kaagaz Nahi Dikayenge Hum" ! ! ! Keep the documents safe, you will need to show them again during NPR exercise (sic)," the party's Karnataka Twitter handle posted using the hashtag #DelhiPolls2020. 

The video, which appears to have been taken from one of the polling booths in Delhi on Saturday, shows burqa-clad women flashing their voter ID cards. While the threatening tone of the tweet is unmissable, the tweet contradicts the government's statement that no person needs to submit any documents during the house-to-house survey for updating the National Population Register (NPR) and that information provided by individuals would be accepted and recorded. 

The tweet has added to the prevailing confusion regarding the NPR exercise in the country. 

The NPR is a list of "usual residents" of the country. In 2010, the data for NPR was collected along with the house-listing phase of the Census of India 2011. The data was updated in 2015 by conducting a door-to-door survey.

Currently, it has been decided to update the NPR along with the house-listing phase of Census 2021 during April to September 2020 in all the states/union territories except Assam.

Most of the opposition parties see NPR as a prelude to the contentious National Register of Citizens (NRC), which has been opposed by even NDA allies like the JD(U). The NPR questionnaire asked details like the birthplace of parents. In combination with the recently amended citizenship law, protesters fear that the registry might be eventually used for NRC. 

As a result, people, predominantly Muslims, have hit the streets as India witnesses one of the most widespread civilian unrest of recent times.

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