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 24,2020

Bengaluru, Feb 24: Fugitive underworld don Ravi Poojary, with more than 90 criminal charges pending against him, was brought to the city in the wee hours of Monday after he was arrested from Senegal in South Africa.

Police said that he was wanted in more than 92 criminal cases. In Bengaluru alone, he was involved in more than 39 cases, including double murder of Ravi and Shobana in 2007, an attempt to murder attack on Mantri developers 2009, extortion and other crimes etc. He had committed crimes in various parts of the state including Myusuru, Hubballi, he had involved in extortion, threatening builders, politicians, etc.

"Though Senegal police had nabbed him about six months back to get him to India it took more than six months since there was no agreement to deport criminals from that state to us. However, now all legal hurdles have been removed and we have succeeded in bringing him", a top police official told media.

A team of Bengaluru Police headed by Additional Director General of Police Amar Kumar Pandey, Joint Police Commissioner Sandeep Patil reached Senegal on Saturday and brought him to the city by Air France flight.

Ravi Poojari was wanted in cases of extortion and murder and was active in the Mumbai underworld. He was part of the underworld don Dawood Ibrahim's gang and later is said to have worked with 'Chota Rajan' for some time. Claiming to be an enemy of Dawood, Poojari reportedly finished off all his associates and anti-India elements in the country. His men were involved in a shootout on the Shabanam Developers office in Bengaluru in which a woman staffer was killed.

He is also said have been involved in the shootout case of Shahid Azmi, an advocate from Mumbai. There are cases against him in Kerala, Gujarat, and Maharashtra.

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News Network
May 7,2020

Bengaluru, May 7: A 55-year old woman from Davanagere became the 30th COVID-19 related fatality in Karnataka, where a total number of infections has crossed 700-mark, with eight new positive cases being confirmed, the health department said on Thursday.

The deceased woman was a known case of diabetes and hypertension, she was admitted with a complaint of Severe Acute Respiratory Infection (SARI) and was on a ventilator, the department said in its mid-day situation update.

She died today at a designated hospital in Davanagere, it said.

"Eight new positive cases have been reported from last evening to this noon...

Till date 701 COVID-19 positive cases have been confirmed. This includes 30 deaths and 363 discharges," the update said.

The eight new cases reported include three from Davangere, indulging the deceased patient; also three from Kalaburagi, and one each from Hirebagewadi in Belagavi district and Bengaluru urban.

While four cases are contacts of patients earlier tested positive, three are with the history of Influenza-Like Illness (ILI) and one is a SARI case.

Five among eight new cases are women and three are men.

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News Network
March 12,2020

Hassan, Mar 13: In what could have been a major tragedy, an under construction flyover across Hassan-Mangaluru railway level crossing, near the new KSRTC Bus stand here collapsed today.

Fortunately no casualties occurred despite six concrete beems of 50 feet height, collapsed and broke into pieces.

The much awaited project was completely neglected by the successive governments for over a decade due to politics.  It was sanctioned eight months ago.

The Rs 42 crore project was taken up by a joint venture between state, center and South Eastern railway. The contractor or the Engineer were not present when the incident occurred.

Blaming the contractor, the locals alleged that poor quality of work led to the incident. No contractor or engineer was present even during construction, they added. Siddaiah, who runs an eatery near KSRTC bus stand said that it could have been a major tragedy if people were underneath the flyover when it crashed. The incident should be probe and the contractor should be punished, he added.

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