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
February 10,2020

Belagavi, Feb 10: In comments that raised eyebrows, Ramesh Jarkiholi, who quit the Congress and joined the BJP and who took oath as minister last week, said his brother Satish has a bright future. The two siblings have rarely seen eye-to-eye — at least in public — in recent times.

He also trained his gun on Congress leader DK Shivakumar, sarcastically thanking the Congress MLA for his meteoric rise. “Had Shivakumar not stood against me, I would not have emerged as a tall leader in the state. I must thank him,” Ramesh said.

The Gokak MLA said Satish of the Congress, the most politically-savvy of the five Jarkiholi siblings, would reach “the top” in his political career. However, he advised him “to inculcate patience and adopt strategies”. “He should make his moves at the right time as timing is very important in politics,” Ramesh said.

He also urged Satish to keep his supporters happy. “Many of his followers are disappointed with his leadership because he does not extend a helping hand to his own people. In the present political climate, people do not endorse a leader who only talks about Buddha and Basava,” Ramesh said.

Ramesh took a dig at Lakan, the youngest sibling, saying, “Lakan speaks ill about me most of the time. He does not understand much. But we brothers are one when it comes to family. We are united when it comes to family matters, but when it comes to politics, we are at loggerheads.”

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News Network
January 8,2020

Mangaluru, Jan 8: Dakshina Kannada District In-Charge Minister Kota Srinivas Poojary, on Wednesday announced that the District Administration will organise the Karavali Utsava from January 10-19 at Karavali Utsava Maidaan here in the city.

The minister was addressing a press conference on Wednesday morning at the Deputy Commissioner’s office. He informed that a rally will march from Nehru Maidaan to Karavali Utsava Maidaan on January 10 to officially mark the inauguration of the utsava. 
The rally will be flagged off by Minister Kota Srinivas Poojary.

Beach Utsava and Kite Festival will be organised at the Panambur beach on January 17, 18 and 19 as a part of Karavali Utsava.

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coastaldigest.com web desk
May 30,2020

Udupi, May 30: Following the announcement of re-opening of places of worship from June 8, Ibrahim Musliyar Bekal, the Qadhi of Udupi has called upon the Centre and State governments to issue uniform guidelines for Muslims to be followed while going to mosques for congregational prayers.

In a media statement, he said that even though the government is relaxing the lockdown in a phased manner things will not be like before as people have to follow the precautionary measures to control the spread of the coronavirus. 

He said that the union and state governments after holding discussions with the authorities of Central Waqf Council and the State Waqf Boards and Islamic scholars, should form a uniform guidelines for all mosques.

He also suggested a few guidelines such as offering congregational prayers soon after adaan, closing the mosque soon after prayers, maintaining physical distance and avoiding the use of toilet in mosques. 

He also suggested the sick, elderly people and children to prefer to offer prayers in homes instead of mosques until situation becomes normal. 

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