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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coastaldigest.com news network
May 13,2020

Mangaluru, May 13: Dakshina Kannada today recorded its fourth death due to novel coronavirus.

The victim, identified by number P-536, is a 58-year-old woman from Boloor area of Manglauru. She was tested covid-19 positive on April 30. 

A patient with TB meningitis, the woman had been treated and discharged from Mangaluru’s First Neuro Hospital, which has emerged as covid-19 hub of coastal Karnataka.

In hospital she had reportedly come in contact with patient No 501 who worked as a sweeper in the same hospital. 

With this death, the number of active covid-19 cases reduced to 16 in Dakshina Kannada. The district has so far reported 34 covid-19 cases including four deaths. 14 have been discharged.

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News Network
January 6,2020

Ballari, Jan 6: Two members of a family were killed in a cylinder explosion at their home in Sanjeevarayana Kote, here on Monday morning, police said.

The deceased were identified as Parvathi and her daughter Huliyamma.

The incident took place when the two were in the kitchen. Fire tenders were rushed to the rescue.

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coastaldigest.com web desk
July 2,2020

When the black and white photos of the ‘London to Calcutta (Kolkata) bus service’ went viral on social media recently, the response of some of the netizens was “stop spreading fake news!” But, it isn’t a fake news. The late 1950s indeed offered people a lavish bus trip from London to Kolkata. 

While one of the viral images shows passengers at the Victoria Coach Station, London, boarding 'Albert', the other image show the same bus travelling through a valley. In another image the bus is stationed at a tourist spot. All these photos were captured during the bus’ maiden international journey in 1957.  

An image of the bus ticket is also making rounds on social media, that shows the route of the bus — London, Belgium, West Germany, Austria,Yugoslavia, Bulgaria, Turkey, Iran, Afghanistan, West Pakistan, India. The route in India followed Delhi, Agra, Allahabad, Banaras and finally Calcutta.

The ticket shows that a one side travel cost 145 pounds (13,644 Rupees at the present day) back then, and it was inclusive of all the luxury provided during the run.

The luxurious bus provided the facilities of reading, individual sleeping bunks, radio/taped music for parties and pleasure and fan heaters, among other things. The brochure reads, "Your complete home while you travel."

Some of the tour highlights included Banaras on the Ganges, The Taj Mahal, The Raj Path, The Rhine Valley and The Peacock Throne. Passengers reportedly got free shopping days in New Delhi, Tehran, Salzburg, Kabul, Istanbul and Vienna.

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