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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P  A Hameed Padubidri
June 9,2020

Is it highly impossible to have flights to Mangaluru under Vande Bharat Mission to repatriate the stranded Mangalureans in Saudi Arabia and other Gulf countries? The present mood of the govt seems so are more politics and less actions are seen. 

Amidst covid-19 lockdown, thousands of people from Mangaluru and surrounding areas are stranded in Saudi Arabia and other Gulf countries. They include visitors, job redundants, people who need immediate medical attention, senior citizens, pregnant women, students and people who are eager to visit their ailing family members, especially aged parents back at home. They are all stuck over there seemingly with hopelessness.

It's reported that around Karnataka NRIs (KNRIs) have registered their names under the Mission in the Indian Embassy in Riyadh alone. A majority among them are apparently from coastal districts of Karnataka who are eagerly waiting for the flights to Mangaluru. 

The promises of elected representatives including MLAs, MPs, state and central ministers have remained unfulfilled so far. Now, things are being thrown from politicians to politicians and from politicians to the district authorities and vice versa. It's said that without proper quarantine facility in the district, the repatriation flights can't be approved to Mangaluru. 

Rumours are doing rounds that the hotels in Mangaluru are not ready to facilitate for the KNRIs quarantines; the hoteliers collectively snubbed the instruction of the district authorities. Now, they are, as informed, persuading the hoteliers to allow for the quarantine facility. 

If the hoteliers are stubborn to follow the instructions of the district administration, then why the authorities are not taking action against them under relevant statutory procedure including the revocation/cancellation of their licenses? Are they above the law or govt? For whom the authorities are waiting for? These questions are now being asked by the KNRIs and others. 

Considering this condition, the central ministers and MPs are simply giving evasive answers without any forward thinking. Each one is simply uttering the same dialogue "no quarantine; no flights to Mangaluru". 

A few KNRI businessmen in Saudi Arabia have already chartered flights to transport their stranded employees and others to Mangaluru with the approval of the govt of India. But, the inconsolable thing is that the govt didn't arrange this simple thing that too with the expense of the travellers. 

The people-especially then distressed NRIs still remember late prime minister V P Singh and then external affairs minister I K Gujral for the repatriation of the NRIs during 1990s Gulf war. Everything was free of cost and immediate special flights were arranged to airlift the NRIs in the affected countries. 

Now both Karnataka and India are ruled by the BJP. Then why the non resident Kannadigas, especially those in Saudi Arabia, are direly neglected at this point in time?. Why it's highly impossible for the govts to do this simple job for the KNRIs?  The NRIs are always big assets to the govt. Also, the KNRIs remit billions of rupees to the state in the form of foreign exchange. But, they are now simply ignored. The state govt should immediately look into this dire situation of the Kannadigas in Saudi Arabia and act immediately to schedule special flights to Mangaluru from Saudi Arabia.

Comments

lovely Indian
 - 
Wednesday, 10 Jun 2020

because we have  MP nallinnan and in centre they consider muslim as enemy...we muslim must develop muslim community. today you give food & help kit tommorow they support BJP to harass muslim community..  even the educated ppl also same nowdays...look at UP doctor. if they dont give right to live in our own country then we must take it forcefully with or without blood

 

if they dont give right to live in our own country then we must take it forcefully with or without blood(1260 BAIBER the islamic worrier)

Abdul Muthalib…
 - 
Tuesday, 9 Jun 2020

Really good & timely writing by P A Hameed,

Even if we pay the flights fares, why the flights are not granted to Msngaluru as there are good number of presence of the Kannadiga Non Residents in Saudi Arabia & other gulf countries. Such a simple service can't be done by our Govt of Karnataka & India. It's really a surprise at the inaction of our people's representatives especially coastal regions including central minister. 
If Central & State Ruling by BJP than we can expect only this....

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News Network
April 27,2020

New Delhi, Apr 27: Indian prime minister Narendra Modi has said the monthlong ongoing lockdown has yielded positive results and that the country has managed to save “thousands of lives”.

Modi, who had a videoconference with various heads of the states on Monday, said the impact of the coronavirus, however, will remain visible in the coming months, according to a press statement released by his office. On the issue of getting back Indians who are overseas, the Prime Minister said that this has to be done keeping in mind the fact that they don’t get inconvenienced and their families are not under any risk.

During the meeting with state heads, Modi advocated for social distancing of at least 6 feet and the use of face masks as a rapid response to tackle COVID-19.

He said that states should put their efforts of converting hotspots, or red zones, into “orange and thereafter green zones”.

India last week eased the lockdown by allowing shops to reopen and manufacturing and farming activities to resume in rural areas to help millions of poor, daily-wage earners. But the economic costs of the nationwide lockdown continue to mount in a country of 1.3 billion people.

Modi, who put India under a strict lockdown on March 25, did not say if the lockdown restrictions will extend after May 3.

India has confirmed over 27,000 cases of the coronavirus, including 872 deaths.

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News Network
May 28,2020

Mangaluru, May 28: As many as 19 labourers, who were stranded in Lakshadweep island due to lockdown following COVID-19 outbreak, have been brought back to Mangaluru by a boat ' Amindivi' on Thursday.

On their arrival, they were subjected to medical examination and were warmly welcomed by their family members who had come to receive them at the Port.

 

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