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 20,2020

Thiruvananthapuram, Mar 20: One more person tested positive for coronavirus on Thursday, taking the total number of cases to 25, as the Left government announced a Rs 20,000 crore financial package to tide over the present crisis being faced by the southern state in the wake of the virus outbreak.

The multi-crore special package includes Rs 500 crore health package, Rs 2,000 crore loans and free ration.

The man who tested positive had returned from Dubai and hailed from the northern Kasaragod district, Chief Minister Pinarayi Vijayan told reporters after a COVID-19 review meeting.

He said 65 people were hospitalised on Thursday.

"At least 31,173 people are under surveillance, of whom 237 are in observation in hospitals across the state" he said.

Detailing the financial package, Vijayan said loans worth Rs 2,000 crore would be made available to needy families through all-women network 'Kudumbashree' during April-May.

Rural employment guarantee programmes worth Rs 1,000 crore each will be implemented in April-May, he said.

Social security pension of Rs 1,320 crore, to be given in April, would be distributed this month, he said, adding that 50 lakh people are benefited through the pension scheme.

Those belonging to the below poverty line (BPL) and Anthyodaya, who are not receiving social security pension, would be given Rs 1,000 each, for which Rs 100 crore would be earmarked.

Cutting across APL and BPL families, 10 kg free ration would be given and Rs 100 crore would be set apart for the purpose, he said.

A string of 1,000 low-cost hotels, providing food at Rs 20, would be opened across the state next month, the chief minister added.

The 'fitness' charges of autorickshaws and taxis and one month tax of stage and contract carriages would be waived, Vijayan said.

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News Network
June 18,2020

Bengaluru, Jun 18: With Karnataka observing 'Mask Day' today, Chief Minister BS Yediyurappa said that the state has organised a walk from Vidhana Soudha to Cubbon Park to create awareness about the importance of wearing a mask as a preventive measure against COVID-19.

"We are celebrating 'Mask Day' at all district headquarters today. We have organised a walk from Vidhana Soudha (to Cubbon Park) to create awareness about the importance of wearing a mask as a preventive measure against COVID-19," Yediyurappa told media persons here.

Earlier, the Chief Minister has said that film actors and sports personalities will take part in the event and it will be celebrated in all taluks as well.

"We will take strict action against those who are not maintaining social distancing. A fine of Rs 200 will be imposed on those for not wearing a mask in public places," he had said.

As many as 7,530 people have detected positive for COVID-19 in Karnataka, of which 94 people have succumbed to the infection till date, as per the Union Health and Family Welfare Ministry.

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News Network
July 11,2020

Bengaluru, Jul 11: Karantaka Congress chief DK Shivakumar on Friday raised questions over claims that Rewa Ultra Mega Solar Power Project Madhya Pradesh was "largest in Asia" and said a 2000 MW had been built in the state.

"BJP central government is claiming today that it inaugurated Asia's largest solar plant of 750 MW at Rewa, MP. What then is the 2000 MW Solar Plant in Pavagada, Karnataka which was built in just 3 years by Karnataka Congress government and has been operational since 2018?" Shivakumar said in a tweet.

The Congress leader further said that the most unique thing about the solar project set up in Karnataka was that the farmers were being paid yearly rents for the land upon which it was constructed as it had been leased and not purchased from them, helping them retain ownership.

"The unique thing about the 2000 MW Pavagada Mega Solar Park was that not a single acre of land was acquired from the farmers. All 13,000 acres have been leased from the farmers who are being given yearly rent. Karnataka model of renewable energy was accepted as the best in India," he said.

"Union power minister must answer as to how the Central Government can claim that the Rewa Solar Park (750 MW) opened today is Asia's largest when clearly the Pavagada Park in Karnataka is much larger (2000 MW) and was opened two years back!" he said.

Prime Minister Narendra Modi dedicated Rewa Ultra Mega Solar Power Project to the nation on Friday. 

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