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 3,2020

New Delhi, Feb 3: Congress leader BK Hariprasad on Monday condemned BJP MP Anantkumar Hegde's remark on Mahatma Gandhi and termed him as "son" of Nathuram Godse, the assassin of the freedom fighter.

"Only sons of Nathuram Godse can make such comments on Mahatma Gandhi," Hariprasad said.

Hedge had attacked Mahatma Gandhi by calling the freedom struggle led by him a "drama" and also questioned as to how "such people" come to be called 'Mahatma' in India.

"None of these so-called leaders were beaten up by the cops even once. Their independence movement was one big drama. It was staged by these leaders with the approval of the British. It was not a genuine fight. It was an adjustment freedom struggle," he had said.

The Trinamool Congress also lent its support to Congress as its leader Saugata Roy said people like Anant Hegde cause shame to the nation. "We are a supporter of Gandhi and they (BJP) are Nathuram Godse supporters. People of this country should see how BJP MPs are as they insult father of the nation," he added.

BJP leaders too found it difficult to defend Hegde on the controversial remarks.

Senior leader Jagdambika pal was cautious in his defence and said, "The whole world knows about Gandhi and it may be his personal opinion."

Whereas senior BJP leaders avoid commenting on Hegde, Union Minister Ashwani Choubey said that Hegde should not have made the comment and added that Gandhi is a well-respected figure in the nation.

Another BJP MP from Haryana Sanjay Bhatia also tried to shy away from making a direct comment and instead said," Congress did not implement what Gandhi preached. It is Prime Minister Narendra Modi who implemented Gandhi's teachings in letter and spirit."

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News Network
May 20,2020

Bengaluru, May 20: Ride-sharing company Ola Cabs said on Wednesday it will lay off 1,400 of its employees due to business uncertainty caused by the coronavirus pandemic while the revenue has come down by 95 per cent in the past two months.

"The COVID crisis continues to unfold all around us causing unprecedented economic and social destruction. It has also become evident that the coronavirus will not be eliminated any time soon," wrote co-founder and CEO Bhavish Aggarwal to all Ola employees.

"In these circumstances, today I write to all of you with the toughest decision I have ever taken -- the need to downsize our organisation and let go of 1,400 of our valued employees," he said.

Aggarwal said the fallout of virus has been very tough for the cab aggregating industry in particular. "The company's revenue has come down by 95 per cent over the past two months," he said.

Initially, he said, the company hoped it would be a short-lived crisis and that its impact would be temporary. "But unfortunately, it is not been a short crisis. And the prognosis ahead for our business is very unclear and uncertain. It is going to take a long time for people to go out and about like before."
With more companies preferring to have a large number of employees work from home, air travel limited to essential trips and vacations being put off for better times, the impact of this crisis is definitely going to be long-drawn, said Aggarwal.

"The world is not going to revert to the pre-COVID era anytime soon. Social distancing, anxiety and an abundance of caution will be the operating principles for everyone," he told employees.

Aggarwal said the crisis necessitates the need to conserve cash aggressively so that Ola is able to invest in opportunities in the future, adding the downsizing exercise has been a very tough and sad decision for the management team to make.

"While we restructure our organisation to the new realities of our business, we are also going to recommit ourselves to strengthening our operational excellence and leverage a lot more technology to improve efficiencies and reduce cost across all parts of our business," he said.

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News Network
May 17,2020

Bengaluru, May 17: Karnataka on Sunday extended lockdown for two days until midnight of Tuesday, May 19. Earlier today, Tamil Nadu and Maharashtra extended the lockdown till May 31. The state government said that the guidelines and norms as followed during Coronavirus Lockdown 3 will remain in place till 19th midnight or till further notice.

Meanwhile, the total number of coronavirus cases in Karnataka rose to 1,146 on Saturday. With 37 deaths and 497 discharges, there are 611 active corona cases in the state. 

Out of 54 new cases, twentytwo are from Mandya, ten from Kalaburagi, six from Hassan, four from Dharwad, three each from Yadgir and Kolar, two each from Dakshina Kannada and Shivamogga, and one each from Udupi and Vijayapura.

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