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

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
February 14,2020

Mangaluru, Feb 14: In a unique initiative, students of a government school in Dakshina Kannada have made a food stop in the campus to provide water and food to birds and squirrels.

The students have hung coconut shells on trees in the school premises with food and water in it for birds and squirrels.

Speaking about the same, the Principal of the school said: "Students are taking a lot of interest in the activity. Various types of birds visit the school campus, making the ambience very nice."

He added that he wants children to become socially and environmentally conscious. "The one area where children need to be given exposure is the protection of the environment, the upkeep of the campus and the greenery in and around their homes as well as in their schools."

Commenting on the recent initiative of the school's eco-club, he said, "Using this small idea, we can have a great beginning towards taking up bigger initiatives to take care of the environment."

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
January 30,2020

Mangaluru, Jan 30: A dentist has been arrested by the Dakshina Kannada district police on charge of sexually harassing a woman patient during treatment at a hospital in Beltangady taluk.

The accused has been identified as Dr Sudhakar. He is facing charges under section 354, 354A(1)(I) of IPC.

The incident occurred yesterday when a local woman had been to the government hospital at Kasaba village in Beltangady for dental treatment.

According to the woman, Dr Sudhakar deliberately touched her body inappropriately and sexually harassed during treatment.

The shocked woman went to the jurisdictional Beltangady police station and lodged a complaint. The doctor was arrested and produced before the court.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
July 17,2020

Bengaluru, July 17: The government of Karnataka has decided to issue caste and income certificates to Brahmins in the state to reduce the socio-economic inequality faced by the community.

“A notification has been issued to tehsildars in all 30 districts to issue caste and income certificates to Brahmins so that they can also benefit from the government schemes and scholarships,” a Revenue Department official told said.

The notification comes a month after the Karnataka State Brahmin Development Board on June 10 appealed to Chief Minister B.S. Yediyurappa to issue the certificates to the traditionally dominant community, which accounts for 3 per cent of the 7 crore state population.

“Though Brahmins are in ‘minority’ in terms of their population across the state, they need caste and income certificates to benefit from the welfare schemes meant for the economic weaker sections such as SC, ST and OBC groups,” the official said.

The board was set up in March 2019 as a state-run company with Rs 5 crore authorised capital and Rs 5 crore equity and is registered with the Registrar of Companies.

The notification was issued to the local bodies and taluk offices after several members of the community complained to state Revenue Minister R. Ashoka that they were unable to benefit from the welfare schemes in the absence of the certificates.

The certificates will also help students from the community to avail scholarships for higher studies from the state-funded board if their gross annual family income is less than Rs 8 lakh per year.

The board has also urged the state government to implement the 10 per cent quota for its community members under the economically weaker sections, as applicable for Central government jobs and admissions to central institutions.

Noting that every community has people who are forward and backward economically for various reasons, including historical, the official said the board would be empowered to serve the Brahmins.

“The board will provide interest-free loans to the financially weaker sections of the community,” said its Chairman H.S. Sachidananda Murthy.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.