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
May 5,2020

Bengaluru, May 5: Life is limping back to a new normalcy in most parts of Karnataka with easing of Covid-19 induced restrictions yesterday as the State headed into the third phase of lockdown started since March 24.

According to the guidelines issued by the Centre, industrial activities, construction works, essential, non-essential shops, delivery of essential goods through e- commerce, courier and postal services, banking and agriculture activities, plying of four-wheelers and two-wheelers and inter-state movement of goods vehicles is permitted in all the zones, whereas buses are allowed to ply only in green and orange zone districts.

This apart, sale of liquor was also allowed at the designated shops. Police said vehicular movement is allowed only from 7am to 7pm for ordinary citizens.

Clarifying about the movement of people, Bengaluru police commissioner Bhaskar Rao tweeted, "From Monday you don't need a pass to move in Bengaluru between 7am and 7pm. After 7 pm and up to 7am the following morning, even if you have a pass you are not allowed to move except medical and essential service. Checkpoints will remain and your ID may be asked. Please be responsible." After the restrictions were lifted, heavy vehicular movement was witnessed in parts of Bengaluru leading to traffic jam in some areas.

Chikpet, which is the main trade area in Bengaluru, saw some activities.

With restrictions on public transport continuing, this unusually crowded place had very less footfall. "Movement of public is limited due to ban on public transport, such as city buses and Metro Rail.

"The trade activities are taking place between retailers," trade activist and joint secretary of Jain International Trade Organisation Sajjanraj Mehta said .

Select liquor shops in the city and other parts of the state pulled up shutters after being closed for about six weeks due to the lockdown with tipplers thronging them in huge numbers at many places.

Some traders in the city complained that they received notices regarding the Tax Deduction at Source for the month of April "thought here were no trading activities."

Meanwhile, Chief minister B S Yediyurappa announced on Monday that free bus service for migrant labourers, which is operating smoothly, has been extended till Thursday.

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Media Release
May 2,2020

Mangalore, May 2: More than 500 families received ration kits in a distribution drive conducted by St Agnes College in outskirts of Mangaluru on Wednesday.

Since the lockdown was announced, the management, staff and alumni of St Agnes College are playing an active role in ensuring no one is deprived of food and essentials during these challenging pandemic times.

The College as part of its Agnes towards Community (ATC) programme had adopted villages such as Munnur, Harekala, Amlamogaru, Someshwara and Pavur. Various development drives are conducted in these villages by the staff and students. However, due to the COVID-19 lockdown, the activities undertaken in these villages were kept on hold.

The College recently received information from its network that several families in these villages are struggling for food and essentials.

The College management in association with its alumni and well-wishers took-up the initiative to distribute ration kits consisting of rice, dal, spices, tea powder, hygiene products and other essentials to 500 needy families belonging to these villages.

The drive was held in presence of Zilla Panchayat member Dhanalakshmi Gatty and other Gram Panchayat members.

"We were able to provide food to 600 and more families in different villages and to the stranded migrant workers in the city during this time of crisis because of the generous contributions of our staff, alumni and well wishes" says Sr Dr. M. Jeswina A.C.

The College management expresses its gratitude to all donors, especially the staff, alumni and those associated with the college.

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News Network
July 15,2020

Bengaluru, Jul 15: As on Wednesday, Bengaluru witnessed its first day of lockdown after rising number of Corona cases in the city. In a latest development, popular Kannada actor Dhruva Sarja and his wife Prerana Sarja have tested positive for COVID-19 sending shockwaves in the indutry.

Dhruva Sarja is the nephew of Arjun Sarja and younger brother of Chiranjeevi Sarja who passed away last month after suffering a massive heart attack.

The actor has requested people, who came in contact with them, to get tested immediately.

"My wife and I have both been tested positive for COVID-19 with mild symptoms and hence chosen to get ourselves hospitalised. I'm sure we'll be back all fine! All those who were in close proximity with us please get yourselves tested and remain safe," he tweeted.

In recent times, Mandya MP and popular actress Sumalatha Ambereesh too tested positive, now Dhruva Sarja is the second notable celebrity from Sandalwood to have tested positive for COVID-19.

A source close to the actor's family says that "During Chiranjeevi's funeral last month, some sections of people who had attended had also tested positive, as social distancing rules were not followed by those who attended the funeral. But now, the family has quarantined and there is no cause for worry. Dhruva has also requested all his primary contact to come forward voluntarily and get tested."

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