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
June 9,2020

Bengaluru, Jun 9: JD(S) patriarch H D Deve Gowda on Tuesday filed his nomination as party's candidate for June 19 Rajya Sabha elections from Karnataka.

The former Prime Minister was accompanied by his sons former Chief Minister H D Kumaraswamy and former Minister H D Revanna, state JD(S) chief H K Kumaraswamy and others, as he filed his papers at the office of Legislative Assembly Secretary M K Vishalakshi, who is the returning officer for the polls. JD(S) on Monday had announced that Gowda will be contesting the Rajya Sabha polls.

Announcing the decision, Kumaraswamy had said Gowda decided to contest following the request of Congress President Sonia Gandhi, several national leaders and party legislators, and it was not an easy task to "persuade" him to enter the Rajya Sabha.

The JD(S), which has 34 seats in the assembly, is not in a position to win a seat in Rajya Sabha on its own and will need support from the Congress with its surplus votes. A minimum of 45 votes are required for a candidate to win. If he wins, this will be the second Rajya Sabha entry for 87-year-old Gowda, the first time being in 1996 as the Prime Minister.

Gowda was defeated in Tumkur constituency by BJP's G S Basavaraj by over 13,000 votes in the 2019 Lok Sabha polls. As joint candidate of the then ruling Congress-JDS coalition, Gowda had chosen to contest from Tumkur at the last minute after vacating Hassan-his home turf, to grandson Prajwal Revanna (a current MP).

Election is scheduled on June 19 to fill four Rajya Sabha seats from Karnataka, represented by Rajeev Gowda and BK Hariprasad of Congress, Prabhakar Kore of the BJP and D Kupendra Reddy of JD(S) that will fall vacant on June 25, with their retirement. Today is the last date for filing nominations. With BJP not fielding any candidate against Gowda, his election is likely to be unanimous.

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News Network
May 16,2020

Udupi, May 16: Close on the heels of six Covid-19 cases being detected in a little over 24 hours, Udupi recorded its first death of a Covid-19 patient. The victim is a 54-year-old man from Mumbai, who died due to a heart attack on Thursday. His reports came back on Saturday, and confirmed that he had Covid-19. The Udupi district administration has arranged to carry out his last rites as per government designated guidelines for Covid-19 victims.

A medical bulletin issued by the superintendent of Kasturba Hospital, Manipal, stated that the patient was admitted due to a heart-related issue on May 13.

Some members on the team that treated the patient have been quarantined. The hospital’s emergency department will operate as usual, and the outpatient department will operate as usual from 8.30am to 1pm, following government guidelines, the bulletin said. Deputy commissioner G Jagadeesha said that since the patient was from Mumbai, the authorities collected his swab sample for testing, as a precautionary measure.

The man suffered from chest pain, and was initially taken to the taluk hospital at Kundapur from where he was shifted to Kasturba Hospital, due to the seriousness of his condition. The doctors operated on him on May 13, and he suffered a severe heart attack on May 14 and died, the DC said. “Three hospital staff without PPE kits, who attended to the patient, have been quarantined,” the DC said, adding that the operating doctors and nurses had worn PPE kits.

In addition, 5 others who travelled with the person from Mumbai and 57 people with him at the Kundapur isolation centre, have been designated as primary contacts, and 38 others as secondary contacts, and quarantined. The staff at Kundapur taluk hospital too had taken precautions in handling the patient, the DC said. Udupi presently has six active cases, including a 1-year-old child and 5 others, all of whom returned from Dubai on May 12.

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News Network
March 2,2020

Bengaluru, Mar 2: Karnataka Minister BC Patil on Monday repeated his earlier statements that he will approach the Centre to bring a law to "shoot at sight" anyone who raises anti-India slogans.

"I am not going back on my statement as I have not said anything wrong. I had said that I will ask the central government to bring a law to shoot at sight those who shout slogans against India. Nowadays it has become a fashion for some youths to get popularity this way which spoils the country and patriotism," Patil told reporters here.

"There is nothing wrong in asking for a law. I have not said that I will myself shoot someone who shouts slogans against India. If the same thing happens in Pakistan, they will be beheaded. But we are not so brutal, we book a case and send them to judicial custody," he added.

Patil also said that there was no need for holding discussions over the amended Citizenship Act, but added that the ruling BJP will defend it if the opposition raises a stir in the state Assembly.

The budget session of the Karnataka Assembly began on Monday.

Comments

Fairman
 - 
Monday, 2 Mar 2020

He deserves his own recommendation.

Because his statement anti Indians.

 

God bless them wisdom these loose chaddies

Abdul Gaffar Bolar
 - 
Monday, 2 Mar 2020

What if BC patil raises anti-india slogan

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