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 9,2020

Mangaluru, Jan 9: Dakshina Kannada Deputy Commissioner has lodged a complaint with the Police alleging that his signature was forged in a holiday circular for schools and colleges in the district during National General Strike called by Trade Unions.

It may be recalled that the district administration had declared a holiday for all educational institutions on December 20 and 21 in the backdrop of the December 19 violence.

A few miscreants had forged this order and circulated it on social media stating that a holiday had been declared for schools and colleges in the district on January 8.

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News Network
February 1,2020

Mangaluru, Feb 1: “1) Take necessary precautionary measures. 2) Don’t blindly believe in social media rumours.” These are the two important advisories issued by the authorities in Dakshina Kannada district in the wake of coronavirus scare.

According to DHO Dr Ramakrishna there is no specific antiviral treatment recommended for coronavirus infection. Supportive care for infected people can be highly effective, but, there is no vaccine available for coronavirus.

In a health meeting, he advised people to take precautionary measures to prevent the spread of the virus. Following are some of the precautionary measures.

1) Wash your hands often with soap and water or an alcohol-based sanitiser.

2) Avoid touching your eyes, nose and mouth with unwashed hands.

3) Avoid close contact with people who are sick.

4) Stay home when you are sick, and cover your mouth when you cough or use a tissue while sneezing.

5) Throw the used tissue in the dustbin. Clean and disinfect surfaces frequently.

Deputy commissioner Sindhu B Rupesh said there is no need for people to panic about coronavirus.

Dakshina Kannada zilla panchayat CEO R Selvamani said IEC programmes will be held to create awareness on possibilities of spread of diseases.

He also advised people not to follow blindly the advisories being shared on social media, especially WhatsApp without proper verification.

“Posts on cures for coronavirus which are not scientifically proven are being shared on social media. Do not follow such advisories without verifying facts,” he said.

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News Network
January 11,2020

Bengaluru, Jan 11: Scholar and writer M Chidanadamurthy passed away at a private hospital here on Saturday.

He was 88 and is survived by wife, son and daughter.
He was a well-known scholar in Karnataka specialising in the history of Kannada language and ancient Karnataka.

He was also known for his campaign to conserve the monuments Hampi and to secure classical language status to Kannada Language. Murthy has also articulated that uniform civil code and an anti-conversion law must be enacted by the Government in India.

Murthy was the head of the department of Kannada Bangalore University. He was also associated with Kannada Shakti Kendra. As a historian most of Murthy's work has focused on scientific study of the Kannada Inscriptions.

He has attempted to contextualise inscriptions in their socio cultural setup. He has produced many books on the history of Kannada language and Karnataka. He has guided many research students.

Murthy was recipient of Rajayothsava, Sathiya Academy Award , Papama award and Alava’s Nudisiri award.
His mortal remains were kept at his residence for his fellow mates and relatives.

Several dignatories like B S Yediyurappa, S L Bhyrappa, S Suresh Kumar, V Somanna expressed their condolences to the veteran's death.

The final rituals will be held on Sunday with state honour.

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