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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Media Release
June 4,2020

Dr Soofi Anwar, Director Academics of University of Stirling RAK, UAE Campus, has achieved the prestigious professional recognition of Senior Fellow of the Higher Education Academy (HEA) UK. He has achieved this milestone through the Stirling Framework for Evidencing Learning and Teaching Enhancement (SFELTE), the Continuing Professional Development Framework (CPD) for learning and teaching at University of Stirling, Scotland, UK. 

He was recognized for this achievement on recently concluded virtual Learning & Teaching Conference-2020 organized by University of Stirling Campus in UK.  He has secured his Ph.D. in Management from University of Azteca, Mexico.

Dr. Soofi Anwar has over 20 years of experience in teaching and academic leadership at higher education level and has worked in leading universities in UAE, Bahrain and India. He was conferred the prestigious Middle East Education Leadership Award, as the Best Professor in Management-2018 in recognition of his academic excellence, exemplary leadership in higher education. Prior to his current role, he has worked on leadership position in Birla Institute of Technology Offshore Campus RAK.

He has completed his MBA from Dept. of Business Administration, Mangalore University in 1999 and his B. Com degree from Canara College Mangaluru.

He has published numerous research papers in management and in the area of teaching and learning in higher education in reputed academic journals and international conferences proceedings. He is a member of editorial board of two leading management journals and engaged in reviewing faculty research publications in the area of management and marketing. 

He is a son of Haji Abdul Khadar Kodijal and Mrs. Mariyamma from Konaje, Mangaluru.

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News Network
January 6,2020

Bengaluru, Jan 6: Chief minister BS Yediyurappa has plenty on his plate ahead of the 2020-21 state budget to be presented on March 5 what with the economic slowdown and a sizeable shortfall in revenue, but the biggest worry is the uncertainty surrounding Goods and Services Tax (GST) compensation from the Centre.

There is also uncertainty over the state’s share under devolution of funds as per the 14th Finance Commission recommendation.

Finance department officials say that while Rs 3,500 crore is expected as GST compensation for every two months, the devolution of funds would have yielded about Rs 7,000 crore for the current fiscal. But the economic slowdown appears to have hit the Centre’s finances and is likely to impact the state’s share of funds.

“The GST payment for August-September came only in December and we are unsure how much we will get for October-November and December-January,” an official said. Estimates suggest the state’s share under devolution of funds could be reduced by half.

At a meeting of finance department officials last week, Yediyurappa is said to have admitted that unlike those states where non-BJP parties are in power — they have threatened agitations and court cases — the government cannot go “against” Prime Minister Narendra Modi’s regime.

Instead, Yediyurappa has urged senior IAS finance department officials to lobby for funds with their counterparts in New Delhi. On his part, Yediyurappa is said to have already written to Modi and finance minister Nirmala Sitharaman to at least release the state’s share of GST compensation for the current calendar year of 2019. He is planning to personally meet the PM in Delhi to push the state’s case.

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coastaldigest.com news network
May 13,2020

Mangaluru, May 13: Union Minister and former Karnataka chief minister D V Sadananda Gowda today assured that he will exert pressure on the authorities concerned to operate more repatriate flights to bring back Kannadigas from Saudi Arabia to Karnataka. 

Speaking in a video conference organised by coastaldigest.com with Kannadiga delegates in Saudi Arabia, Mr Gowda said: “Today itself I will contact the external affairs ministry and Director General of Civil Aviation (DGCA) to convince them the need to add operate flights to bring back stranded Kannaidgas from the Kingdom.

After paying heed to the advices, requests and concerns of Kannadiga delegates that participated in the video conference, Mr Gowda said: “Two things need to be done. First thing is number of flights from Saudi Arabia to Karnataka should be increased. Second thing is to ensure that most of these flights land in the Mangaluru Airport as most of the Kannadiga expats in Saudi Arabia are from the coastal region.

“There should be at least two to three flights from Saudi Arabia to Karnataka (Bengaluru Airport or Mangaluru Airport) every week. That is my intention,” he added.

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