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
January 29,2020

Bengaluru, Jan 29: The Karnataka unit of BJP has urged the Centre and the State governments to ban the Popular Front of India (PFI) and the Social Democratic Party of India (SDPI), accusing them of harbouring terrorist tendencies.

Addressing a press meet, N Ravi Kumar, state general secretary of the party, alleged that there was a nexus between the Congress, the PFI and the SDPI.

“Recent reports have exposed the links between the PFI and the Congress,” he said, accusing Congress leader Kapil Sibal of receiving huge funds from PFI to defend their cases in the Supreme Court.

He also accused the organisations as the ones responsible for the death of 23 Hindu activists in Karnataka. Such incidents have proven that both SDPI and PFI are dubious organisations, he said.

Comments

Muzaffar Ali
 - 
Thursday, 30 Jan 2020

PFI is the first kind of organization which is doing community work in all the walks of life.

and providing the helping hands to all the Indian community doing marvelous job.

this is the first organization fighting against corrupt and injustice following the principle of our father of nation mahatma Gandhi’s.

the corrupt and injustice people in the society not ready to accept their policy and trying to stop the voices of justice to the society.

I wish PFI and its sub organizations will continue to support to the society and keep the good work so that people are with you.

 

 

Fairman
 - 
Wednesday, 29 Jan 2020

Wah what a joke.

RSS is blamming others as terrorists.

 

Constitutionof RSS is a terrorism.  Stupid Hegevar and Savarkar are the heroes of illiterate stupid community.

The whole intelligent community including European Uniion and US openly declared.

 

This is the sure end and downfall of RSS, which will never come-up again. You woke-up of peace lovers.

Thank you.

 

You people are never fit to run even a small village and how come thinking of ruling a big country.

abdullah
 - 
Wednesday, 29 Jan 2020

RSS is the most active and first ever terrorist organisation in India and it should be banned first.    There is no proof of terrorist activities by SDPI and PFI.    BJP is afraid of these organisations as they give tought resistance to BJP and this is the reason why its planning to ban these organisations.    BJP is doing propoganda only.   Real thread for peace + harmoney in India by sanghis.   We should ban them first. 

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News Network
March 13,2020

Bengaluru, Mar 13: Amid coronavirus outbreak, all universities, malls, and clubs will remain closed for a week in Karnataka. Karnataka CM Yediyurappa has said no one should travel unless it's an emergency. "All malls, cinema halls, pubs, wedding ceremonies and other large gatherings in the Karnataka have been banned for another one week," Chief Minister Yediyurappa said. This comes hours after the Uttar Pradesh government had decided that all schools, colleges situated in the state will be closed till 31st March 2020.

Following the decision, the Karnataka government on Friday asked doctors and other health staff to work on public holidays also till the spread of coronavirus is contained. Leaves and all week off of state health ministry workers have also been canceled. The government issued a circular stating that certain emergency measures are being taken to control the spread of coronavirus is some parts of the State.

"To manage things in a result-oriented manner, doctors, office personnel, paramedical staff and other permanent and contract employees in hospitals coming under the Health Department have been instructed to work on all public holidays." the government order read.

The decision comes after 76-year-old man in Karnataka's Kalaburagi died of coronavirus and became India's first COVID-19 victim. 46 people in Kalaburagui have been kept under coronavirus quarantine since then. Out of 46, 31 have been put under the "high risk" category. The high-risk persons were shifted to ESIC hospital. Officials said four family members of the man have displayed flu symptoms and their swab samples have been sent for testing in Bengaluru.

Earlier on Friday, an employee of Google's Bengaluru office tested positive for n-coronavirus, taking the total COVID-19 positive cases in Bengaluru to 5. India's total coronavirus positive count rose to 75. Several other states including capital Delhi, Madhya Pradesh, Odisha, Bihar, and Uttar Pradesh invoked various sections of the epidemic disease act. Meanwhile, the Indian Army has also called off all recruitment drive in wake of coronavirus outbreak.

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Ram Puniyani
February 22,2020

This January 2020, it is thirty years since the Kashmiri Pundits’ exodus from the Kashmir valley took place. They had suffered grave injustices, violence and humiliation prior to the migration away from the place of their social and cultural roots in Kashmir Valley. The phenomenon of this exodus had been due to the communalization of militancy in Kashmir in the decade of 1980s. While no ruling Government has applied itself enough to ‘solve’ this uprooting of pundits from their roots, there are communal elements who have been aggressively using ‘what about Kashmiri Pundits?’, every time liberal, human rights defenders talk about the plight of Muslim minority in India. This minority is now facing an overall erosion of their citizenship rights.

Time and over again in the aftermath of communal violence in particular, the human rights groups have been trying to put forward the demands for justice and rehabilitation of the victim minority. Instead of being listened to those particularly from Hindu nationalist combine, as a matter of routine shout back, where were you when Kashmiri Pundits were driven away from the Valley? In a way the tragedy being heaped on one minority is being justified in the name of suffering of Pundits and in the process violence is being normalized. This sounds as if two wrongs make a right, as if the suffering Muslim minority or those who are trying to talk in defense of minority rights have been responsible for the pain of Kashmiri Pundits.

During these three, many political formations have come to power, including BJP, Congress, third front and what have you. To begin with when the exodus took place Kashmir was under President’s rule and V. P. Singh Government was in power at the center. This Government had the external support of BJP at that time. Later BJP led NDA came to power for close to six years from 1998, under the leadership of Atal Bihari Vajpayee. Then from 2014 it is BJP, with Narerda Modi as PM, with BJP brute majority is in power. Other components of NDA are there to enjoy some spoils of power without any say in the policies being pursued by the Government. Modi is having absolute power with Amit Shah occasionally presenting Modi’s viewpoints.

Those blurting, ‘what about Kashmiri Pundits?’ are using it as a mere rhetoric to hide their communal color. The matters of Kashmir are very disturbing and cannot be attributed to be the making of Indian Muslims as it is being projected in an overt and subtle manner. Today, of course the steps taken by the Modi Government, that of abrogation of Article 370, abolition of clause 35 A, downgrading the status of Kashmir from a state to union territory have created a situation where the return of Kashmiri Pundits may have become more difficult, as the local atmosphere is more stifling and the leaders with democratic potential have been slapped with Public Safety Act, where they can be interned for long time without any answerability to the Courts. The internet had been suspended, communication being stifled in an atmosphere where democratic freedoms are curtailed which makes solution of any problem more difficult.

Kashmir has been a vexed issue where the suppression of the clause of autonomy, leading to alienation led to rise of militancy. This was duly supported by Pakistan. The entry of Al Qaeda elements, who having played their role against Russian army in 1980s entered into Kashmir and communalized the situation in Kashmir. The initial Kashmir militancy was on the grounds of Kashmiriyat. Kashmiriyat is not Islam, it is synthesis of teachings of Buddha, values of Vedant and preaching’s of Sufi Islam. The tormenting of Kashmiri Pundits begins with these elements entering Kashmir.

Also the pundits, who have been the integral part of Kashmir Valley, were urged upon by Goodwill mission to stay on, with local Muslims promising to counter the anti Pundit atmosphere. Jagmohan, the Governor, who later became a minister in NDA Government, instead of providing security to the Pundits thought, is fit to provide facilities for their mass migration. He could have intensified counter militancy and protected the vulnerable Pundit community. Why this was not done?

Today, ‘What about Kashmiri Pundits?’ needs to be given a serious thought away from the blame game or using it as a hammer to beat the ‘Muslims of India’ or human rights defenders? The previous NDA regime (2014) had thought of setting up enclosures of Pundits in the Valley. Is that a solution? Solution lies in giving justice to them. There is a need for judicial commission to identify the culprits and legal measures to reassure the Pundit community. Will they like to return if the high handed stifling atmosphere, with large number of military being present in the area? The cultural and religious spaces of Pundits need to be revived and Kashmiryat has to be made the base of any reconciliation process.

Surely, the Al Qaeda type elements do not represent the alienation of local Kashmiris, who need to be drawn into the process of dialogue for a peaceful Kashmir, which is the best guarantee for progress in this ex-state, now a Union territory. Communal amity, the hallmark of Kashmir cannot be brought in by changing the demographic composition by settling outsiders in the Valley. A true introspection is needed for this troubled area. Democracy is the only path for solving the emigration of Pundits and also of large numbers of Muslims, who also had to leave the valley due to the intimidating militancy and presence of armed forces in large numbers. One recalls Times of India report of 5th February 1992 which states that militants killed 1585 people from January 1990 to October 1992 out of which 982 were Muslims and 218 Hindus.

We have been taking a path where democratic norms are being stifled, and the promises of autonomy which were part of treaty of accession being ignored. Can it solve the problem of Pundits?

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