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
July 26,2020

Bengaluru, Jul 26: A year-long probe by Coffee Day Enterprises Ltd (CDEL) has found that its late founder V G Siddhartha routed Rs 2,693 crore out of the company to Mysore Amalgamated Coffee Estates Ltd (MACEL), another privately-owned entity of him.

The MACEL owes Rs 3,535 crore to subsidiaries of Coffee Day Enterprises as of July 31, 2019 of which only Rs 842 crore was accounted.

"Therefore, a sum of Rs 2,693 crore is the incremental outstanding that needs to be addressed," said the report of an investigation headed by Ashok Kumar Malhotra, a retired DIG of Central Bureau of Investigation (CBI) and assisted by law firm Agastya Agastya Legal.

Siddhartha was found dead in early August 2019, and many suspected that he had committed suicide.

Steps are being taken by subsidiaries of CDEL for recovery of dues from MACEL, the company said.

"The board authorised the Chairman to appoint an ex-judge of the Supreme Court or the High Court, or any other person of eminence, to suggest and oversee actions for recovery of the dues from MACEL and to help on any other associated matters," it said in regulatory filings at stock exchanges late on Friday.

The probe further gives clean chits to the Income Tax Department and the private equity firms who Siddhartha in his parting letter had alleged of harassment.

"We have not been provided with any documentary evidence to draw an inference that there may have been any advertent or inadvertent harassment from the Income Tax Department," said the probe report.

The probe also highlighted severe liquidity crunch at CDEL in the build-up to Siddhartha's death.

A committee supported by senior professionals was formed to protect the interest of all stakeholders. CDEL said the debt levels which were about Rs 7,200 crore on March 31, 2019 have been brought down significantly by Rs 4,000 crore. The present debt of the group is around Rs 3,200 crore.

"The disinvestment process in the group continues and we are confident to have effective solution to all stakeholders," it said.

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News Network
March 6,2020

Bengaluru, Mar 6: The Karnataka Congress on Thursday termed the budget for fiscal 2020-21 presented by the B.S. Yediyurappa government as the "weakest ever state budget".

"This is the weakest budget ever that our state has had. There is no clear cut provision in the budget for industrial growth or to generate jobs. No clarity on department wise allocation," tweeted Congress.

Congress leader Dinesh Gundu Rao said he did not expect such a bad budget which has discriminated on agriculture and education sectors.

"The state budget does not mention major irrigation projects like Kaveri valley and Krishna. No farmers loan waiver," noted Rao.

The opposition party has criticised the ruling Bharatiya Janata Party (BJP) that the potential of Karnataka was not realized to generate revenue through this budget.

Assailing the additional tax on petrol and diesel, Congress said the development will lead to price rise and is a huge disappointment.

"People are reeling under high inflation and reduction in income. BJP has rubbed salt into injury by further increasing prices and providing no relief to common man," said the party.

Bhalki MLA and Karnataka Pradesh Congress Committee working president Eshwar Bhimanna Khandre pointed out that the Centre gave the state only Rs 1,869 crore, despite a loss of Rs 35,160 crore in 2019.

Calling stamp duty reduction for housing within Rs 20 lakhs as an insult to people, Congress questioned the Chief Minister and BJP to first show where in Bengaluru does one get housing within Rs 20 lakh.

"This is mockery of people. No mention or allotment to universal housing programme that Congress government had delivered," claimed Congress.

Focusing on Karnataka capital Bengaluru, Congress slammed the BJP saying no proper revenue policy has been mooted.

"Last mile connectivity issue not addressed. Drinking water issue is not mentioned. No mention of peripheral ring road. No mention of Akrama-Sakrama and no thought process has gone in while planning Bengaluru," tweeted the party.

The party said Yediyurappa has admitted that there is a financial crisis in his budget speech.

"He admits Rs 8,883 crore aid has been cut, around Rs 11,000 crore state share from Centre has been cut. No additional allocation for flood relief. What is stopping him and 25 members of Parliament to question the centre," observed Congress.

Former chief minister Siddaramaiah mocked Yediyurappa that though he calls himself a farmer''s son, he delivered an anti-farmer budget.

"No one will benefit from this budget. A complete failure to boost the economy, to realize inclusive development and to improve standard of living," he tweeted.

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News Network
February 13,2020

Mangaluru, Feb 13: The Customs Officers of Airport Team-II at Mangalore International Airport (MIA) on Thursday intercepted a passenger who attempted to smuggle gold worth Rs 9.39 lakhs.

The team led by Rajesh Poojary nabbed the passenger who attempted to smuggle 233.18 grams of gold strips concealed inside a rechargeable emergency light and solar sensor wall light.

The officials said a passenger named Mohammed Mahir Patla (24) from Kasaragod, who arrived from Dubai yesterday evening by Air India flight number IX384 attempted to smuggle the gold.

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