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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Media Release
June 4,2020

Dr Soofi Anwar, Director Academics of University of Stirling RAK, UAE Campus, has achieved the prestigious professional recognition of Senior Fellow of the Higher Education Academy (HEA) UK. He has achieved this milestone through the Stirling Framework for Evidencing Learning and Teaching Enhancement (SFELTE), the Continuing Professional Development Framework (CPD) for learning and teaching at University of Stirling, Scotland, UK. 

He was recognized for this achievement on recently concluded virtual Learning & Teaching Conference-2020 organized by University of Stirling Campus in UK.  He has secured his Ph.D. in Management from University of Azteca, Mexico.

Dr. Soofi Anwar has over 20 years of experience in teaching and academic leadership at higher education level and has worked in leading universities in UAE, Bahrain and India. He was conferred the prestigious Middle East Education Leadership Award, as the Best Professor in Management-2018 in recognition of his academic excellence, exemplary leadership in higher education. Prior to his current role, he has worked on leadership position in Birla Institute of Technology Offshore Campus RAK.

He has completed his MBA from Dept. of Business Administration, Mangalore University in 1999 and his B. Com degree from Canara College Mangaluru.

He has published numerous research papers in management and in the area of teaching and learning in higher education in reputed academic journals and international conferences proceedings. He is a member of editorial board of two leading management journals and engaged in reviewing faculty research publications in the area of management and marketing. 

He is a son of Haji Abdul Khadar Kodijal and Mrs. Mariyamma from Konaje, Mangaluru.

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News Network
April 4,2020

Hubli, April 3: Twelve people including 5 women as well as 50 unidentified people have been booked for allegedly pelting stones at police personnel in Mantur area of Hubli on Friday.

The police were allegedly attacked for stopping people from offering Friday prayers at a mosque, during the ongoing lockdown put in place in the wake of the coronavirus outbreak.

"12 people including five women and 50 unidentified people have been booked for stone-pelting at police personnel in Mantur area of Hubli today. The women have been taken into custody while police are searching for the others," said Hubli-Dharwad Police Commissioner R Dilip.

The Police Commissioner further said, "Some prominent people of the community had also urged the devotees to go to their homes but they got agitated."

"Four policemen have sustained minor injuries in the incident," he said adding that "legal action will be taken against the culprits." 

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Media Release
February 12,2020

Mangaluru, Feb 11: Renowned journalist and winner of Magsaysay award, P Sainath will be in Mangaluru on February 14 & 15 at St. Aloysius College (Autonomous). He will speak on the topic ‘Indian democracy in post liberalisation and post truth era’.

P Sainath’s two-day visit to St. Aloysius College will also feature a workshop by the veteran journalist on his rural development project PARI (People’s Archives of Rural India). It is a part of the tenth edition of Media Manthan, a National level media fest organised by the post-graduate department of Journalism and Mass Communication of St. Aloysius College.

P. Sainath is a veteran journalist and media activist who has an avid interest in rural reporting. People’s Archives of Rural India (PARI), a digital journalism platform is an initiative put forward by him which aims to document rural Indian lives and livelihood. Sainath is also a teacher who has trained over 1000 media persons across 27 years.

Media Manthan is a media festival by the PG Department of Mass Communication of St. Aloysius College (Autonomous). Besides endowment lecture and workshop by P. Sainath, the fest holds various media-related competitions for the students of various colleges from across the state.

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