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
January 5,2020

Bengaluru, Jan 5: BJP leader and Karnataka Chief Minister BS Yediyurappa once again blamed the Congress of creating 'confusion' among the Muslim community over the Citizenship (Amendment) Act-2019 while launching a door to door campaign to dispel such rumors.

Yediyurappa was on a door-to-door campaign to make people aware of the Citizenship (Amendment) Act and to allay their fears.

"Unnecessarily, the members of Congress are creating confusion among the Muslim community. I assure you that not a single Muslim will be affected because of CAA," said B. S. Yediyurappa.

"Almost all previous Prime Ministers have supported it, now Congress is creating a problem so as to create confusion among Muslims. That's why we are out on the door-to-door campaign," he said.

The Citizenship Amendment Act, 2019, seeks to grant Indian citizenship to Hindu, Christian, Sikh, Buddhist and Parsi refugees from Pakistan, Afghanistan, and Bangladesh and who entered India on or before December 31, 2014.

Comments

Active
 - 
Sunday, 5 Jan 2020

 

U may confuse people with such statements but WE MUSLIMS, DALITS and some of our other HINDU Brothers are not in any Confusion on the chronology of NPR, CAA and NCR..  WE are firm that we will never allow you to go ahead with these discriminatining laws

 People are NOT FOOLS to believe all your JUMLAS

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
February 1,2020

Bengaluru, Feb 1: The police have arrested two miscreants belonging to a saffron outfit after they threatened students in the city who were protesting the firing incident near Delhi’s Jamia Millia Islamia, telling them they would meet the same fate as the injured student.

Saffron extremist Gopal Sharma had opened fire at students protesting the Citizenship (Amendment) Act near the Delhi varsity on Thursday, injuring one.

The Bengaluru incident took place at Maurya Circle, where the nightlong demonstration against the Jamia firing and CAA began around 7.30pm. By 11pm, the number of protesters reduced to 30 but the group decided to stay back after getting the news of another alleged attack on women and Jamia students by Delhi police.

According to Adrian, a student who was at the scene, the small group of protesters stayed within a barricaded area on the road, chanting slogans, singing patriotic songs and playing music. “While we were raising anti-CAA slogans, two men from among us began shouting pro-CAA slogans. The duo was unknown and when we looked at them, they quietly moved away,” said Adrian, adding they were drunk and returned after a few minutes.

Saqib Idrees, another student protester, said the duo began to issue verbal threats. “They threatened us in Kannada that they would repeat the Jamia incident in Bengaluru,” said Saqib, adding the duo also taunted them saying ‘it’s not CAA down down, but you all will be brought down’.

When the students questioned the miscreants, cops stationed at the spot detained the duo. “Police were very cooperative. Almost 20 personnel were with us till 5am,” said Saqib.

Meanwhile, a friend of the duo watched the drama from a distance and approached the protesters to apologise on their behalf. “He said they belonged to the working class and FIRs would destroy their lives. He apologised to us and we decided to let the matter go. After all, we are Gandhians,” added Saqib.

Adrian said though the two men were drunk, their threats exposed their ideology. After the duo was detained, the students continued their protest till 5am and dispersed after singing the national anthem.

According to High Grounds police, the men are bank employees and were detained for disturbing the protesters at Maurya Junction. “They are from Andhra Pradesh and work in a PSU bank in the city. One of them is set to get married in February. He had thrown a party for his other friends for the same reason. The duo was drunk when confronted by the protesters. We booked a case of public nuisance and let them off after a warning,” police said.

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
April 10,2020
Mangaluru, Apr 10: Eight people were arrested on Friday on charges of illegally arriving at Addur near the city through boat violating the lockdown.
 
Police said that Yakub and other seven in his group have been charged with criminal cases for entering the city illegally as the border between Kerala and Karnataka has been sealed and a ban on travel between the States is in effect.
 
The group had arrived through boat despite there was ban. Police are now investigating the existence of a gang who are illegally transporting people through the sea across State borders.

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.