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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Agencies
June 27,2020

Bengaluru, Jun 27: Marijuana or ganja as it is known locally, has emerged as the most peddled and seized drug in Karnataka in the first six months of 2020, a police officer has said, commemorating the International Day Against Drug Abuse and Illicit Trafficking.

"As many as 510 ganja cases have been registered, leading to the seizure of 312 kg of ganja in 2020," Central Crime Branch (CCB) Deputy Commissioner of Police Kuldeep Jain told media perrsons on Friday.

Cases and seizures of other drugs paled in comparison to Marijuana. Only one case each has been registered on Brown Sugar, Opium and other drug forms.

Hashish was the only other seized narcotic which weighed more than a kg at 17 kg, rest all were under a kg.

Other banned substances included charas, cocaine and MDMA.

Police also seized 91 papers of LSD and 550 tablets belonging to the Yaba, Restyl, Anxit and Nitrosun category of drugs.

Similarly, 781 Indians and 14 foreigners have been arrested in the drugs cases.

Karnataka Home Minister Basavaraj Bommai, Director General of Police Praveen Sood and Bengaluru Police Commissioner Bhaskar Rao were among the officials who commemorated the event which recognised police staff who cracked drug cases.

"Bommai reaffirmed the pledge to fight against drugs and continue the policy of zero tolerance (of drug abuse)," Joint Commissioner of Police Sandeep Patil said.

Police showcased the seized haul of drugs to Bommai in the past one year, and the minister later rewarded the policemen involved in cracking the drugs cases in Karnataka.

Bommai and the police officials took a pledge to fight drugs on the occasion.

"The Karnataka police has been taking strict action against the drug peddlers while at the same time creating awareness among youth," added JCP Sandeep Patil.

Police also roped in celebrities such as Milana Nagaraj, Darling Krishna and former cricketer Anil Kumble to send across a social message to give up drugs.

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Agencies
January 24,2020

Indore, Jan 24: Bharatiya Janata Party (BJP) leader Kailash Vijayvargiya on Thursday said that he suspected that there were some Bangladeshis among construction labourers who worked at his house recently.

Their “strange” eating habits aroused suspicion about their nationality, the BJP general secretary said at a seminar in support of the Citizenship Amendment Act (CAA) here.

When a new room was being added at his house recently, he found “eating habits” of some of the workers “strange” as “they were eating only `poha’ (flattened rice)”, he said.

After talking to their supervisor and the building contractor, he suspected that these workers were from Bangladesh, the BJP leader said.

When reporters questioned him later, Vijayvargiya said, “I suspected these workers were residents of Bangladesh. Two days after I became suspicious, they stopped working at my house. I have not filed any police complaint yet. I only mentioned this incident to warn people,” he said.

Speaking at the seminar, Vijayvargiya also claimed that a Bangladeshi terrorist was keeping a watch on him for the last one and a half years.

“Whenever I go out, six armed security personnel follow me. What is happening in this country? Will outside people enter and spread so much terror?” he asked.

“Don’t get confused by rumours. The CAA is in the interest of the country. This law will provide asylum to genuine refugees and identify intruders who are a threat to the country’s internal security,” he added.

Comments

Well Wisher
 - 
Sunday, 26 Jan 2020

Koopa Mandooka. illeterates. Do not bother about them.

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Agencies
February 7,2020

Thiruvananthapuram, Feb 7: Kerala government led by Chief Minister Pinarayi Vijayan on Friday has come under the spotlight for depicting the assassination of Mahatma Gandhi on the cover of the state finance budget 2020-21 document.

Issuing clarification on the same, Issac justified that it is a political statement.

"Definitely, it is a political statement, the cover of my budget speech. It is a painting by a Malayalam artist of Mahatma Gandhi's murder scene. We are sending out a message that we will not forget who murdered Gandhi."

He also alleged that history is being re-written and National Register of Citizens (NRC) is being used to divide the country on communal lines.

"This is important at the times when history is being re-written. There is an attempt to erase some popular memories and use NRC to divide the population on communal lines. Kerala will stand united."

NRC is an official record of those people who are legal citizens of India. The dossier includes demographic information about all those individuals who qualify as citizens of India as per the Citizenship Act, 1955.

The register was first prepared after the 1951 Census of India and since then it has not been updated until recently.

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