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
January 2,2020

Tumakuru, Jan 2: Prime Minister Narendra Modi on Thursday paid respects to the 'Gadduge' (final resting place) of Shivakumara Swamiji at Siddaganga Math, a prominent Lingayat seminary here, and said the Swamiji's work would continue to inspire everyone.

The Swamiji, who was known as the 'Walking God' among his countless followers, had passed away last year at the age of 111. The Prime Minister, who arrived at the Yelahanka Airbase in Bengaluru, went directly to Tumakuru, where the Math is located, by a chopper along with Chief Minister B S Yediyurappa, Union Minister Pralhad Joshi and former Chief Minister D V Sadananda Gowda among others. Modi, after offering respects to the 'Gadduge', planted Bilva plant (Aegle marmelos) on the premises of the Math and also laid the foundation for the construction of a museum dedicated to Swamiji here before addressing the gathering, largely comprising students. Speaking on the occasion, Modi said he was feeling blessed to begin 2020 from the sacred land of Siddaganga, but at the same time was feeling the "vacuum" in the absence of Shivakumara Swamiji. "It is rare see the number of people swamiji had inspired during his life time. I'm really fortunate to lay the foundation for the museum in swamiji's memory. Through this museum, his works will continue to inspire generations," he said. Also, Prime Minister remembered Vishwesha Theertha of Udupi's Pejawar Math who passed away recently. Yediyurappa and the present pontiff of the Math Siddalinga Swamiji were among the others present. Known as "trivida dasohi" for his triple sacraments - food, shelter and education - among his followers, Shivakumara swamiji was considered as the incarnation of Basavanna, the 12th-century social reformer, as he accepted all irrespective of their religion or caste. There has been a growing clamour from people of different walks of life, including politicians, for conferring "Bharat Ratna" on the late Swamiji.

After the Swamiji's demise, the then Chief Minister H D Kumaraswamy had written to Modi urging him to confer the country's highest civilian order on the late seer.

Opposition Congress on Thursday questioned the Prime Minister about not conferring the"Bharat Ratna" on Shivakumara Swamiji.

Questioning Modi as to why he did not visit Tumakuru when Shivakumara Swamiji of Siddaganga Math passed away, the principal opposition party in the state assembly in a tweet also sought to know why the seer was not conferred with the Bharat Ratna yet, while pointing out that former Chief Minister Siddaramaiah had written a letter in this regard in January 2018.

The present seer of the seminary Siddalinga Swamiji presented Modi a silver statue of Shivakumara Swamiji as a memento.

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News Network
February 4,2020

New Delhi, Feb 4: "I own my statement," said BJP lawmaker Anant kumar Hedge on Tuesday amid the raging controversy over his remark on Mahatma Gandhi while adding that he has never said anything against the Father of the Nation.

"All related media reports are false. I never said what is being debated over. It is an unnecessary controversy. I own my statement made on February 1, 2020, in Bengaluru. I never made any reference to any political party or Mahatma Gandhi or anybody else, I was just trying to categorise freedom struggle. That's all," Hedge told news agency.

"I am surprised by the discussion around it. What can I say about something that is not there? There is hullabaloo going on without anything. My statement is available in public forum. If anyone wants to see, it is available online and on my website. Show me if I have said anything against Mahatma Gandhi, Nehru and any other freedom fighters," he added.

The BJP leader continued: "That programme was about Savarkar. With due respect of all our freedom fighters, I was just discussing our freedom struggle, there is no confusion or any derogatory comment on freedom struggle or fighters. Unnecessary nuisance has been created."

Hedge stoked a controversy after he 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 was beaten up by the cops even once. Their independence movement was a 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.

While several Congress leaders have condemned his remark on the father of the nation, BJP leaders too has distanced themselves from it.

Top leadership in BJP is unhappy with Anantkumar Hegde over his controversial remark on Mahatma Gandhi, party sources had said on Monday, adding that he has been asked to issue an unconditional apology.

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News Network
June 2,2020

Bengaluru, Jun 2: Karnataka Chief Minister B S Yediyurappa on Monday claimed 70 per cent of the people of the country want Narendra Modi to not only complete the current term, but also want him as the Prime Minister for the next term.

He also called PM Modi "iron leader" for scrapping Article 370 that terminated special status to Jammu and Kashmir.

"70 per cent of the people of this nation want Narendra Modiji not only to complete this term, but also want him as the Prime Minister for the next term, so that he can find solution to the problems faced by this country. This is the aspiration of the young India," he said.

Mr Yediyurappa said PM Modi has successfully completed one year of the second term and the country is surging ahead in the path of progress under his "exceptional and far-sighted leadership."

"The Prime Minister is leading the country forward towards development with his Sab Ka Saath, Sab Ka Vikas, Sab Ka Vishwas principle and inclusive schemes," he said, adding that PM Modi is spearheading the cause of building a "strong and self-reliant Bharath."

Speaking to reporters in the backdrop of the one year of the Modi government''s second term in office, the chief minister said Modi is recognised as an exceptional leader not only in India, but also at the global level, through his mantra - Vasudaiva Kutumbakam.

Mr Yediyurappa termed the PM "iron leader" for scrapping Article 370 that terminated special status to Jammu and Kashmir, and formation of Jammu- Kashmir and Ladakh as Union Territories.

He listed the key decisions of the BJP-led central government such as banning the practice of triple talaq among Muslims, the Vande Bharath Mission, the Citizenship Amendment Act, one country-one ration card scheme, new Motor Vehicle Act, besides also "finding solution to Ram Mandir issue" , among others.

Mr Yediyurappa said PM Modi's decision has played a decisive role in dealing with the COVID-19 situation in India. He has competently handled a huge challenge of combating the coronavirus in a country with a population of 130 crore.

"He implemented the most stringent lockdown restrictions in the world to control the spread of COVID-19 and achieved remarkable success," he said, and lauded the Rs 20 lakh crore package that has been announced to revive the economy amid the pandemic.

"Modiji also supported the State during the devastating floods last year.....the state government is determined to develop Karnataka deriving inspiration from our Prime Minister''s efficiency."

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