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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coastaldigest.com news network
June 15,2020

The Centre’s step-motherly attitude towards Kannadigas stranded in the Gulf countries in general and Saudi Arabia in particular has prompted the Kannadigas to resort social media campaign once again.

A couple of weeks ago, Twitterati had launched a campaigned to bring back Kannadidags stranded in Saudi Arabia. A variation of the hashtag #SaudiKannadigasNeedFlights trended today. 

Trend Setters India, which has taken the twitter campaign initiative, had urged the Kannadigas around the world to join the twitter storm at 4 p.m. IST on June 15, to exert pressure on the authorities concerned. Around 7 p.m. the hashtag began trending with thousands of tweets.

Millions of Kannadigas are working in Middle Eastern countries like Saudi Arabia and United Arab Emirates. They contribute greatly to the Indian economy.

Even though government of India has launched Vande Bharat Mission for the repatriation of Indians stranded across the world, it has operated only a few flights from Saudi Arabia to Karnataka so far. Thousands of Kannadigas including pregnant women, elderly people, those who have lost jobs and those who need emergency medical care are still waiting for repatriation flights from Saudi Arabia to Mangaluru and Bengaluru.
 

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News Network
May 13,2020

Bengaluru, May 13: 26 new covid-19 cases have been reported in Karnataka taking the total cases to 951. This includes 32 COVID deaths, one non-COVID death and 442 discharges.

The new cases include eleven cases from Bidar - all of whom are from the containment zone - , four from Hassan, two each from Davangere, Kalaburgi, Vijayapura and Uttara Kannada and one each from Bengaluru Urban, Ballari and Dakshina Kannada.

All the cases reported in Hassan and Vijayapura are with a travel history to Mumbai. In Bengaluru Urban, a nurse from a designated COVID hospital who was under quarantine has tested positive.

32nd death

The latest death reported was that of a 60-year-old man in Kalaburgi district. The deceased man from a containment zone was brought dead on May 11 to a designated hospital in Kalaburagi, and he has tested positive for COVID-19, it said.

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News Network
January 30,2020

Bengaluru, Jan 30: There are around 3 lakh Bangladeshis across Karnataka and around 3,000 of them left Bengaluru following the recent crackdown, according to Bhaskar Rao, Bengaluru city police commissioner.

It's the first time a high-ranking official has put a number to Bangladeshis in Karnataka following the debate over the new citizenship law.

At a conclave on 'Construction Workers Safety, Health and Welfare' organised by the labour department and IIMB here, he said the estimate was arrived at based on information sourced from Bangladeshis deported recently.

There's been no study to ascertain the Bangladeshi population in the state, Rao said, adding that most illegal Bangladeshis in Bengaluru are victims of human trafficking.

"They come to Bengaluru for employment. Unlike other cities, Bengaluru has a lot of job potential and pays good salaries too. There are a lot of Bangladeshis working in the construction industry," Rao said.

Workers from Bangladesh demand lower wages. While other labourers demand around Rs 500 to Rs 600 per day, Bangladeshi workers don’t complain about being paid around Rs 100-150,” Rao said, adding that this has encouraged human traffickers to increasingly bring in Bangladeshis.

Suresh Hari, chairman, Confederation of Real Estate Developers Association of India, however, said they’re not aware of the nationality of their workers as contractors bring workers registered for tasks. “It’s difficult to say where they are from as there’s also construction work outside Credai’s purview,” Hari said.

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