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
April 18,2020

Bengaluru, Apr 18: Amid fears that people from the unorganised sector are running out of cash to meet their daily expenses, the Karnataka government said there was no data available for such labourers, who can be provided financial assistance under the direct benefit transfer (DBT) scheme.

"The government does not have data of people in the unorganised sector such as drivers, farmers, domestic help and others. If we have to deposit directly into their account, we need data..," State Labour minister A Shivaram Hebbar told reporters.

The minister said a situation borne out of the COVID-19, where the entire nation has been lockdown was never anticipated.

To him, the pandemic has given an opportunity to gather information about the unorganised sector.

"This COVID-19 has taught the department and the workers a lesson that we should be prepared for a situation like this. We have learnt that all the information about labourers should be available with the labour department," Hebbar conceded.

The minister opined that the department should have had the list during the good times but nobody bothered to have it.

"During the good times nobody bothered about it -- neither they (beneficiaries) asked for it, nor we thought of it.," Hebbar said.

Now that the pandemic has struck, the government is focusing only on not letting anyone starve to death.

A three-level preparation has been made -- at the village level, Taluk level and the city level, the minister said.

Village anganwadis have been stuffed with food items to be cooked for the needy, whereas in Taluk level, government hostels have been turned into shelters for the labourers, he said, noting that lakhs of philanthropists in cities have come forward to feed the people from unorganised sector.

"The basic objective of our government is that no one should starve to death. The issue of organised or unorganised sector comes next," he explained.

On the fear of large-scale retrenchment, the minister said notices have been served on all the industries that no one should be expelled from the job.

However, Hebbar underlined that the industrialists today are as much in distress as the workers and his department was taking into account everyone's concern.

A decision will be taken in this connection by the government in the next two days, to provide assistance to small enterprises to keep them afloat.

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News Network
June 9,2020

New Delhi, Jun 9: Elections to seven seats of the Karnataka Legislative Council will be held on June 29, the poll panel announced on Tuesday.

The seven seats are falling vacant on June 30, according to an Election Commission statement.

Members of the Karnataka Legislative Assembly will vote on June 29 to elect the seven new MLCs.

The Commission has directed the Karnataka chief secretary to depute a senior officer to ensure that the  instructions regarding COVID-19 containment measures are complied with during the elections.

The counting of votes will be held on the evening of June 29 after completion of polls, as per practice.

The notification for the elections will be issued on June 11, the statement said.

MLCs are usually elected by four types of electors -- MLAs, Graduates, Teachers and members of local authorities.

On Monday, the Commission had deferred elections to four seats of the Karnataka Legislative Council -- two each from Teachers and Graduate constituencies -- falling vacant on June 30 due to the outbreak of the novel coronavirus.

"If MLAs are electors, the size of the electorate is small and the assembly building is the only polling station. When the electorate is teachers or graduates, the number of those who can vote is higher.

Due to the virus, Commission only allowed polls to seats where MLAs are the electors to prevent large gatherings," explained a senior EC functionary.

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News Network
April 13,2020

Bengaluru, Apr 13: Karnataka chief minister B S Yediyurappa on Monday said the COVID-19 situation has thrown the state into a deep financial trouble and there is a need to to find ways to overcome the present crisis, as he announced certain measures aimed at resource mobalisation.

He said the state government was awaiting guidelines from the Centre regarding the implementation of lockdown during the next two weeks, and noted that discussions were on regarding relaxations on the sale of liquor and the decision will be taken after April 14.

Yediyurappa on Monday held a meeting with officials of various departments along with his cabinet colleagues and the chief secretary.

"The possible situation once the lockdown is released, was widely discussed in the meeting. Discussion was also held about the financial situation of the state government and how to mobilise resources. Many suggestions were given and it was decided to implement those suggestions," the Chief Minister said.

Speaking to reporters after the meeting, he said, "...the COVID-19 situation has thrown our state into deep financial trouble and there is a need to to find ways to overcome present financial crisis."

Yediyurappa said it was decided to speed up the disposal of cases related to regularisation of unauthorised constructions which are pending before the High Court and Supreme Court, during the meeting.

"If the court decides the matter, thousands of people who own unauthorised houses will be relieved," he said, adding that this will also help government in mobilising resources for fund starved development works.

He said in addition to this the government is planning to auction more than 12,000 corner sites lying idle in Bengaluru, and it was also decided to allow auction of corner and vacant sites in respective urban development authorities across the state.

"By auction of corner sites in Bengaluru, we plan to mobalise about Rs 14,000-15,000 crore. BDA is preparing for it, only if we get good market value we will sell or else no," he added.

It was also decided to amend the law governing permission to allow sites in private and co-operative housing societies, the Chief Minister further said, adding that hundreds of societies were waiting for approval from government for releasing the sites.

Yediyurappa said it was decided to use Rs 1,000 crore available in Rajiv Gandhi Health University to upgrade medical college hospitals.

It was also decided to distribute free milk to slums and poor for one more week, the Chief Minister said while appealing to sugar factory owners to clear the pending payment to the tune of Rs 2,834 crore to farmers in 11 districts.

The government has also released Rs 45 crore compensation for the loss of paddy crop in Raichur and Koppal District due to hailstorm based on report submitted by Deputy Commissioners, he added.

Responding to a question, Yediyurappa said, still no guidelines have come from the Centre on lockdown implementation for next two weeks, we are waiting for it.

Once the guidelines come it will help us to speed up the process of lockdown, and also relaxations if any.

Asked what plans does the government have if states are asked to decide on relaxation, he said, already Prime Minister has said that guidelines will be given, if they say on certain matters states can take decision, we will decide on what needs to be done to improve the state's economy.

To a question on relaxation on sale of liquor through Mysore Sales International Ltd (MSIL) outlets, he said, discussions are on, after April 14, we will take decision in this regard.

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