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
March 24,2020

Bhatkal, Mar 24: Two people, who arrived from Dubai at Mangaluru International Airport on March 21, were tested positive for coronavirus.

A 40-year-old man has been tested positive for the dreaded killer disease Covid-19 while 65-year-old man, who arrived on same day from Dubai, has also been tested positive for the virus. The person reportedly took train from Mangaluru to Bhatkal after arriving at Mangaluru International Airport.

Both of them hailed from Bhatkal and are currently hospitalised and their direct contacts are being traced by the authorities.

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News Network
July 4,2020

A 53-year-old Indian worker in the UAE has missed a special repatriation flight after he dozed off at the Dubai International Airport, a media report said.

P Shajahan, who worked as a storekeeper in Abu Dhabi, was supposed to fly to Thiruvananthapuram on the Emirates jumbo jet chartered by the Kerala Muslim Cultural Centre (KMCC) Dubai, Gulf News reported.

It was the first-ever jumbo jet chartered for repatriation.

Shajahan, who had paid 1,100 dirham (USD 300) for the ticket, said that he did not sleep on the previous night as he kept on waiting for the confirmation of his ticket for the jumbo jet flying 427 stranded Indians to Kerala, it said.

He reached the airport early in the morning and after finishing the check-in procedures and rapid test, he reached the waiting area of the boarding gate at Terminal 3 around 2 PM local time, the report said.

“I sat away from most of the others. But I fell asleep after 4.30 PM,” he said.

S Nizamudeen Kollam, who coordinated the charter flight, said that the airline officials could not trace Shajahan when the flight was to take off.

“He woke up and called us after the flight left. It is sad that he missed the flight, which was the first-ever jumbo jet chartered for repatriation. We are now trying to send him on another Emirates flight that we are chartering on Saturday,” Kollam said.

Since Shajahan did not have any money, Jasimkhan Kallambalam, organising secretary of KMCC Thiruvananthapuram, went to the airport to meet him on Friday.

“Since his visa was cancelled, he could not come out of the airport. He had only eaten the snacks in the kit KMCC had given. We managed to give him some cash for buying food through KMCC volunteer Alamsha Latheef,” Kallambalam said.

In March, another Indian expat had fallen asleep in the same terminal and missed the last flight home before flights were suspended due to the COVID-19 pandemic.

He was stranded here for over 50 days before getting repatriated.

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News Network
May 23,2020

Bengaluru, May 22: Police commissioner Bhaskar Rao on Friday said the next two Sundays will be ‘full curfew days’ and the city will be under complete lockdown between 7pm Saturday and 7am Monday.

Addressing the media, the top cop said all essential services will be excluded from the curfew. “People attending weddings and other ceremonies can travel. Those wanting to buy food products or medicines too can step out. However, like in lockdown 1.0, people found loitering unnecessarily will be punished,” he said.

According to Rao, city roads will be barricaded like how it was done during lockdown 1.0 and 2.0.

A senior police officer told TOI that during this period, vehicles could be seized under the Disaster Management Act-2005. “So, we request the public not to come out unnecessarily. If we find people roaming in vehicles, we shall seize the rides and owners will have to approach the court later to get them released,” he said.

The government has extended the lockdown till May 31, which includes two Sundays.
Earlier in the day, the state government allowed inter-state travel from Karnataka with the consent of the receiving state. Praveen Sood, Karnataka DG and IGP, said, “Inter-state pass is not required to go out of Karnataka as long as you have the consent of the receiving state. Due to the lockdown, migrant workers, pilgrims, tourists, students and other persons are stranded at different places. They would be allowed to move as usual.”

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