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
January 8,2020

Tumakuru, Jan 8: RSS leader Kalladka Prabhakar Bhat stoked controversy on Wednesday by stating that 'Jawaharlal Nehru University (JNU) is full of traitors'.

He was addressing the media after taking part in a pro-CAA rally organised by National Citizens Forum near the office of the deputy commissioner of the district here.

Bhat said, “JNU is full of traitors. Congress and communist parties have been generating anti-nationals there. But there is no need to close the university down. Modi government will handle it.”

“Nationalism should be infused among the students there through love and trust. They should be made to realize what the truth is,” he said.

Comments

Ahmed Ali Kulai
 - 
Thursday, 9 Jan 2020

What about in your school ????

 

You are preaching what?????

 

 

Fairman
 - 
Wednesday, 8 Jan 2020

Unfortunate, still he has poor followers to believe him.

He is safe at home and sacrifiers are poor boys who blindly believe and obey him.

 

This guy is sick and irriversible.

God will reward him so that his followers believe his exploiting orders.

 

 

 

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News Network
March 28,2020

Mangaluru, Mar 28: Dakshina Kannada District observed a total shutdown on Saturday with closure of all shops, barring milk booths and pharmacy, to prevent spread of deadly Coronavirus.

The Central Market, a hub of activities where vegetables, groceries, flowers are sold, remained closed. Despite the milk booths and pharmacies being exempted from the purview of bandh, only a few milk booths remained open here.

The administration decided to go far bandh ion the wake of people failing to follow the lockdown guidelines of maintaining social distance and some wandering on the streets without valid reason. Moreover, there was increase in the number of corona cases despite measures taken, Deputy Commissioner Sindhu B Rupesh said.

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Media Release
April 7,2020

Mangaluru, Apr 7:  In the wake of COVID-19 lockdown in the country, a delegation from Highland Islamic Forum, Mangalore headed by Rizwan Pandeshwar, HIF Ration Kit Co-coordinator met Mangalore South Constituency MLA Mr. Vedavysa Kamath, Mayor Mr. Diwakar and MCC  Opposition Leader Mr. Abdul Ravoof on 6th April with an aim to join their hands with our local authorities in a bid to serve the daily wage earning families in and around Mangalore, during this emergency period. HIF delegation included Secretary Ausaf Hussain, Executive members Nazim SS, Adel Parvez, Nabeel Kudroli and Saleem Makkah.

HIF delegates handed over 300 COVID-19 Emergency relief ration kits to these local authorities, of which 100 each will be distributed to the poor in their respective areas among all faiths irrespective of caste or religion. The ration kits included grocery items and other essential commodities.

HIF Delegation said that Highland Islamic Forum is a prestigious charitable organization in Mangalore operating in the undevided D.K. District since last 8 years offering their hands to the poor and needy families of all faiths like food for the orphans, blood to the patients, water during the crisis time, relief supplies during floods, medicine to the patients, ration kits and homes to the homeless.

During the drinking water crisis in 2016, HIF supplied water facilities to more than 1000 families in Mangalore.  Two years back during the flood, HIF provided necessary commodities to the flood victims in Dakshina Kannada District. During the shortage of blood in Mangalore hospitals, HIF arranges blood donors camps and provide the blood to the patients.  HIF spends one day with orphans every month. HIF charitable activities have been well recognized by the kind hearted people in Dakshina Kannada District.

MLA Vedavysa Kamath, Mayor Diwakar and Mangalore City Corporation opposition leader Abdul Ravoof lauded the selfless efforts of HIF team in serving the poor and needy families in the society.

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