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
February 28,2020

Kozhikode, Feb 28: Nearly 200 Umrah pilgrims from Kerala were deboarded from their flights to Saudi Arabia from Calicut international Airport here on Thursday after the gulf nation enforced a temporary ban on foreigners seeking to visit the holy cities of Makkah and Madina, following coronavirus scare.

Saudi Arabia halted travel to the holiest sites in Islam over fears about a viral epidemic just months ahead of the annual hajj pilgrimage, a move that came as the Mideast has over 240 confirmed cases of the new coronavirus.

According to Airports Authority of India officials, as many as 84 of passengers from the Saudi Airlines and 104 from the Spice Jet Airlines were denied permission to board the flights and travel to Saudi Arabia.

However, other passengers bound to Jeddah were permitted to fly, they said.

A private tour operator here said two batches of 40 pilgrims each were denied permission to travel to Makkah to perform Umrah on February 27.

Umrah is an Islamic pilgrimage that can be performed at any time of year.

"The pilgrims were denied entry by the two airlines, Spice Jet scheduled at 05.30 hrs and Saudi Airlines at 1130 hrs," Naiful Akbar, a travel agent said.

The Airport Authority of India sources said, "the passengers were asked to alight by the Spice Jet airline staff following an instruction received by them."

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
July 2,2020

Bengaluru, Jul 2: Karnataka Health Minister B Sriramulu on Thursday launched the ICU Telecard, developed by CISCO to address the concerns of doctors treating coronavirus patients.

Wi-Fi networks and Cisco Health platform help to protect the entire medical team dealing with the infected person by ensuring that doctors do not have to be inside isolation wards and COVID ICUs.

The ICU Telecard has been installed at Victoria and KC General hospital.

"This technology is a necessity to safeguard health of our doctors and it should be implemented in all hospitals. We will discuss about this in the task force meeting and decide regarding the use of this technology in all COVID hospitals in the state. For now, we have installed one at Victoria and KC General hospital" said the minister.

Addressing the complaints of non-release of dead bodies without coronavirus testing, Sriramulu said: "Experts have discussed the same in a meeting with the Chief Minister yesterday, who has ordered for an increase in the number of testing labs. This should resolve the issue. We are also contemplating the conduct of plasma therapy in all districts."

The minister said that the government has also decided to reserve two ambulances for every ward to address the issue of non-availability and will procure more ambulances on rent if the existing ones are insufficient.

He further informed that those who were seen dumping the bodies in a pit in Ballari have been suspended and notice has also been served to officials in Yadagiri.

"We will ensure such instances do not repeat in the state," he 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
January 10,2020

Bengaluru, Jan 10: Chief minister BS Yediyurappa said on Thursday he might not attend the World Economic Forum (WEF) meeting in Davos, Switzerland, and would most likely visit Delhi this weekend for discussions on the pending cabinet expansion.

He was expected to join Union ministers Piyush Goyal and Mansukh Mandaviya, chief ministers Amarinder Singh (Punjab) and Kamal Nath (Madhya Pradesh) and over 100 Indian CEOs at WEF’s 50th annual gathering on January 21-24.

“Mostly, I may not go for Davos (meet),” he told reporters on Thursday. Last week, he had said he was not keen on travelling to the Swiss town but was considering it as some chief ministers’ attendance was required at the high-profile event.

Eleven Congress-JD(S) turncoats, who contested the bypolls on BJP tickets and won, reportedly pressured Yediyurappa to take a decision on cabinet expansion before the now-uncertain Davos trip; it was even suggested that he should simply cancel the trip. The newly elected BJP MLAs are widely expected to be inducted as ministers. But officials in the Chief Minister’s Office (CMO) said his disinclination to travel had nothing to do with the cabinet exercise.

“It’s mainly because of his health. That place (Davos) has got temperature of minus 4-6 degrees and it will be quite tedious for Yediyurappa at the age of 76,” one official said. BJP functionaries, however, claimed that he was wary of taking a trip amid tensions in the party. “The new MLAs have been breathing down Yediyurappa’s neck. They have pushed him into a corner, demanding that he complete cabinet expansion before going anywhere,” a senior functionary said.

On Thursday, the chief minister said he had sought a meeting with party bosses in Delhi. “To discuss cabinet expansion and other important issues, I plan to travel to New Delhi on January 11 or 12. However, I am still waiting for an appointment with the BJP national president and prime minister,” he said.

While Yediyurappa, his additional chief secretary P Ravi Kumar and political adviser MB Maramkal may not visit Davos, a 10-member delegation from Karnataka, including Jagadish Shettar, is expected to travel. There are reports ministers’ family members might join the delegation.

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.