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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coastaldigest.com news network
June 23,2020

Mangaluru, Jun 23: The wholesale fresh fish dealers have voluntarily decided to suspend sale for 10 days from June 24 in the wake of fresh coronavirus outbreak in the region. 

Convening the collective decision of the traders in a letter, K Ashraf, working president of the association of Mangaluru fisheries harbour fish traders and commission agents, has urged the deputy commissioner to formally impose ban on fish trade in the city for next 10 days to prevent the spread of the covid-19. 

Mr Ashraf stated that decision was taken as many fish traders suffering from symptoms such as cough, cold and fever for last few days and some of the traders have got themselves admitted in hospitals for treatment. 

The letter urged the DC to prevent and ban unauthorized traders selling fish not only in Bander but also in neighbourhoods like Ullal Kotepur, Hoige Bazar, Bengre, Farangipet, near VRL, Kudroli, Kallapu and Maripalla. 
 

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News Network
April 30,2020

Bengaluru, Apr 30: Four ministers of Karnataka have gone into self-quarantine after they got here in touch with a video journalist of native channel who has examined optimistic for COVID-19. The listing contains state’s Deputy Chief Minister Dr Ashwath Narayan.

All 4 introduced the quarantine on Twitter.

Mr Narayan, dwelling minister Basvaraj Bommai , medical training Minister Dr. Sudhakar and tourism minister CT Ravi tweeted to say that they’ve examined detrimental for coronavirus however will likely be beneath self-quarantine.

They mentioned they got here in touch with a video journalist from a neighborhood tv channel  who was discovered COVID-19 optimistic on April 24. He had met the ministers between April 21 and April 24.

At least 40 different contacts of the video journalist, together with his household and journalists from numerous media retailers have been quarantined, reported news agency.

Earlier this month, Gujarat Chief Minister Vijay Rupani put himself in quarantine after an MLA who attended a gathering with him turned out to be coronavirus-positive.

Karnataka to date had 532 circumstances of coronavirus. Of them, 215 sufferers recovered and 20 sufferers died.

Earlier immediately, the state authorities determined to chill out lockdown restrictions in plenty of districts the place the coronavirus has not had a serious affect. The authorities is permitting industries to operate in these areas with sure circumstances.

The listing contains spots in Chamarajnagar, Koppal, Chikmagaluru, Raichur, Chitradurga, Hassan, Shivamogga, Haveri, Yadgir, Kolar, Udupi, Davanagere and Kodagu districts.

Manufacturing will likely be allowed within the particular financial zones in these districts and standalone outlets exterior municipal limits will likely be allowed to operate.

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News Network
February 21,2020

Thiruvananthapuram, Feb 21: A school in the city has allegedly denied admission to a boy whose parents did not fill the religion column in the application form, prompting the Kerala education department to seek a report.

The parents, Naseem and Dhayna, had sought admission for their son to the first standard at the St Mary's school, a government-aided institution. They alleged that school authorities had claimed that registration will not be possible on the education department's 'Sampoorna' portal without filling the 'religion' column.

"We were informed by the school authorities that it was not possible to give admission to our child as we wrote 'nil' in the religion column. They claimed that if nil is mentioned, the admission process will not get registered in the school management software of the education department," Naseem said.

Sampoorna is a school management system project implemented by the Kerala education department to automate the system and process of over 15,000 schools in the state.

The parents later approached the ministry and the Directorate of Public Instruction (DPI) to get further clarification.

"The state government officials denied that there were any issues with the software and confirmed to us that the admission process was going on.

When we approached the school authorities again, they asked us to give in writing that we, the parents will take responsibility of any issues that may occur in the future," Naseem said.

The parents then decided not to enroll their son at the school due to the manner in which the issue was handled by the institution. Reacting swiftly, the state government sought a report from the DPI and the deputy director of the education department on the matter.

"We have asked the DPI and the deputy director of the education department to look into the matter and file a report as soon as possible," Education minister C Raveendranath told PTI. The parents said after the news spread, a school official called them offering admission.

"But we decided not to enroll him there due to the approach of the school authorities," he said.

Naseem runs a catering business after returning from the Gulf.

The school management in a release claimed that they sought a letter in writing from the parents to avoid trouble in the future. "When school authorities asked why the religion column was left blank, the parents said they were not interested in filling that part. The parents have that right.

But most benefits given by the government to school children are based on religion. We just wanted to ensure that the parents take the responsibility in case the student misses out any such benefits in the future," the management said.

School authorities maintained they never denied admission to any student. The parents are now looking for admission for their son in other schools in Thiruvanathapuram.

Ravindranath recently claimed in the state Assembly that over one lakh children in Kerala had left columns relating to caste and religion blank in school admission records during the 2017-18 academic year. In a written reply, he said as many as 1,24,147 children had not filled these columns while enrolling in different classes in government and government-aided schools during the period.

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