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 12,2020

Thiruvananthapuram, Jul 12: At least 66 children have ended their lives in Kerala since the Covid-19 lockdown began on March 25 with youngsters facing stress unable to bear the unprecedented situation where schools are shut and friends are out of reach to share their woes.

According to Chief Minister Pinarayi Vijayan, there has been an increasing instance of suicidal tendencies among children in the state due to various reasons, including parents scolding them over mobile phone use and failure to attend online classes.

This has prompted the government to launch a teleconsultation facility for children facing stress and also cautioning parents against hurting their sentiments while being concerned about welfare of their wards. It has also ordered a study into the issue. "Among the children an increasing instance of suicidal tendency is being witnessed which will become an extremely serious social issue.

Since March 25, when the national lockdown was imposed, 66 children, below 18 years of age, have ended their lives due to various reasons", Vijayan said. A mother scolding her child for not attending the ongoing online classes, or a parent questioning a child for downloading a sleazy video on the smartphone or the constant rift between the parents were among the reasons which triggered the suicidal tendency, he said on Saturday.

As the schools have not yet re-opened due to the lockdown, the children are unable to meet their friends and share their problems. Vijayan said though the parents were intervening keeping in mind their child's welfare, it was essential to ensure that the young minds were not hurt in the process. To helpthe children facing issues relating to mental pressures, 'Chiri'atele-counselling initiative has been started by the government under its Our Responsibility to Children Programme (ORC), a planned community intervention that connects with people between the age of 12-18 years. The state health department has also launched "Ottakalla Oppamundu" (You are not alone,we are with you) programmeto help children facing any kind of mental distress and to prevent the suicidal tendencies among them.

Health Minister K K Shailaja said under the psychosocial support assistance, her department has so far reached out to 68,814 children and 10,890 children have been given counselling. The changes in the behaviour of their children should be noted by the family members and if they find something amiss, the district psychosocial help desk should be informed, she said. A 15-member team of Students Police Cadets will be constituted in each of the 14 districts to help the children needing any assistance,police sources said. Education should not be a competition, but a means to gain knowledge, Vijayan said.

A society's future lies with the children and it is the duty of the society and the government to ensure their physical and mental well being. Taking a serious view of the situation, the state government has constituteda committee headed byFire and Rescue Services DGP R Sreelekha to conduct a study on child suicides in the state. The aim of the ORC was also to create a multi collaborative platform for government and professional agencies, parents and teachers to equip youth with appropriate know-how to face challenges, officials said. 

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coastaldigest.com news network
July 29,2020

Mangaluru, July 29: Justifying the transfer of Dakshina Kannada deputy commissioner Sindhu B Rupesh, district in-charge minister Kota Shrinivas Poojari has accused Mangaluru MLA U T Khader of politicizing the issue. 

The IAS officer was transferred by the Karnataka government on July 28, a day after a saffron activist issued a death threat against her on social media after she warned of legal action against the miscreants who attack cattle traders.

Condemning the development, Mr Khader had tweeted that the state government has punished the deputy commissioner instead of punishing the culprit, who issued death threat.

Responding to Mr Khader’s tweet, Mr Poojari said that the transfer of the officer was on administrative ground. “It is unfortunate that Khader politicized a transfer carried out by the government on administrative ground. This is not Khader’s time to protect any accused,” tweeted Mr Poojari. 

It is worth mentioning here that Mr Khader was the district in-charge minister of Dakshina Kannada before Mr Poojari taking over the position. 

Meanwhile, police has arrested a person in connection with the death threat against the IAS officer.

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News Network
January 7,2020

Kochi/Thiruvananthapuram, Jan 7: The Managing Director of Muthoot Finance company was injured after miscreants allegedly pelted his car with stones here on Tuesday morning following which one person was reportedly taken into custody.

George Alexander Muthoot, who suffered head injury has been admitted to a private hospital, police said.

A section of employees have been agitating against the Muthoot management over dismissal of 160 staff from the company's 43 branches across the state in December.

The protest is being held under the aegis of the Centre of Indian Trade Unions (CITU).

While the Muthoot management alleged that "CITU goons" were behind the attack that occurred at around 9 am in front of IG office here, the union leaders have maintained that they have no role in the incident.

Reacting to the incident, Labour Minister T P Ramakrishnan said he does not think any of the Muthoot employees were behind the attack.

"The employees were protesting peacefully. Violence is not part of their protest. Even now, in today's incident, I don't think any of the Muthoot employees attacked the MD.

However, it was the management of the company which had always provoked them by not implementing the decisions taken at conciliatory meetings," the Minister said.

If the management was prepared to change its stance, all the issues would be resolved, he said.

CITU leader Ananthavattom Anandan told reporters that they do not believe in such type of violent mode of agitation.

An official of the Confederation of Indian Industries Kerala chapter condemned the incident, saying "it is a matter of great concern".

Well known businessman and founder chairman and CEO of V-Guard Industries, Kochouseph Chittilappilly condemned the attack and said it was unfortunate that such incidents still continue in the state.

“Earlier also such incidents have taken palace. It's highly condemnable. The union leaders will now claim that the incident took place without their knowledge. But without the backing of union, such incidents will never happen,” he said.

Kerala-headquartered Muthoot Finance is the largest gold financing company in India.

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