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 22,2020

Mangaluru, June 22: A chartered flight from Dammam with more than 170 stranded Saudi Kannadiga passengers landed at Mangaluru International Airport at 8.53 pm. 

The flight was chartered by Saudi Kannadigas Humanity Forum (SKHF), an unregistered NGO, which was formed recently to help the Kannadigas stranded in Saudi Arabia due to covid-19 lockdown under the leadership of Zakariya Jokatte, president of Jubail unit of Bearys Chamber of Commerce and Industry and KS Sheikh Karnire, Director of Expertise Contracting Co. Ltd, Saudi Arabia.

There were 165 adults and 8 infants on board the IndiGo flight. All the passengers were screened at the airport. They will be dispatched to quarantine centres after completing formalities. 

SKHF had launched an online portal to assist those who were in need of emergency repatriation such as elderly people, those who lost their jobs, pregnant women and those who are in need of emergency medical treatment back home in India. 

SKHF coordinated with the authorities concerned to carry out all the formalities and legal procedures in Saudi Arabia. SKHF members were present at the Dammam Airport to help the passengers during the departure. 

Mr Jokatte and Mr Sheikh have thanked U T Khader, Mangaluru MLA and Dr Arathi Krishna, former deputy chairperson of NRI forum of government of Karnataka, for their help in chartering the flight.

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News Network
July 23,2020

Bengaluru, Jul 23: Karnataka on Thursday recorded a biggest single-day surge of over 5,000 cases and 97 related fatalities, taking the total number of people who tested positive for the virus to 80,863, the health department said. 

The day also saw a record 2,071 patients getting discharged after recovery.

Out of 5,030 fresh cases reported, a whopping 2,207 cases were from Bengaluru urban alone.

As of July 23 evening, cumulatively 80,863 Covid-19 positive cases have been confirmed in the state, which includes 1,616 deaths and 29,310 discharges, the health department said in its bulletin.

It said, out of 49,931 active cases, 49,291 patients are in isolation at designated hospitals and are stable, while 640 are in ICU. Out of the 97 deaths reported on Thursday 48 are from Bengaluru urban, followed by Mysuru 8, Dakshina Kannada 7 and others.

Most of the dead are either with a history of Severe Acute Respiratory Infection (SARI) or Influenza-like illness (ILI).

Among the districts where the new cases were reported, Bengaluru urban accounts for 2,207, followed by Raichur 258, Kalaburagi 229, Dakshina Kannada 218, and others.

Bengaluru urban district tops the list of positive cases, with a total of 39,200 infections, followed by Dakshina Kannada 4,209 and Kalaburagi 3,370. 

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News Network
February 21,2020

Chikkamagaluru, Feb 21: Alleged Bharatiya Janata Party supporters threw stones at Amulya Leona’s father’s house at Gullagadde near Koppa on Thursday night, after she was charged for making objectionable remarks at a public programme in Bengaluru.

Amulya Leona’s father Wazi said that the incident, which left window panes and doors damaged, took place at around 7.30 p.m. “They are all BJP supporters. They were in a group. I have complained to the police with the names of a few who led the group,” he said.

Three policemen have been deployed at his house since Thursday night.

Amulya Leona, a B.A. student, was charged with sedition after she raised pro-Pakistan slogans at a protest against the Citizenship (Amendment) Act in Bengaluru.

Mr. Wazi, who owns a two-acre areca plantation and runs a poultry farm, said he condemned the statement made by his daughter and he would not make any attempts to get her bail. “Let the law take its course. I cannot approve of her statement,” he said.

He said he had cautioned his daughter against getting involved in protests. “I told her to complete studies first and later she could fight for poor people. But what she said yesterday is not acceptable. I don’t know what made her so. I hope a probe would bring out who prompted her to make such statements,” he said.

Mr. Wazi said he has been politically active for several years, and had earlier worked for former education minister H.G. Govinde Gowda. He then shifted to the BJP and worked in support of D.N. Jeevaraj, who represented Sringeri constituency last time, and current Udupi-Chickmagaluru MP Shobha Karandlaje. “I have worked for the BJP in the past. As Govinde Gowda’s son contested on JD(S) ticket for Sringeri seat, I supported him”, he said.

Meanwhile, a video clip that went viral on Thursday night showed a group of Bajrang Dal activists compelling Mr. Wazi to shout ‘Bharat Mata ki Jai’. “I have no hesitation in raising ‘Bharat Mata Ki Jai’ slogans,” said Mr. Wazi, adding that his statement was taken forcibly. “I am a patriot. Many writers, activists and politicians have come to my place over the years,” he said.

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