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
January 30,2020

Mangaluru, Jan 30: A day-long ‘satyagrah’ by women followed by formation of human chain marked the Martyrs’ Day, the death anniversary of Mahatma Gandhi, in Mangaluru.

The organisers were ‘We, the People of India’, whose sole intention was to safeguard constitution of India and raise voice against those to attack the constitution.

Amidst nationwide agitation by ‘We, the People of India’ against contentious CAA, NRC, the women of Manglauru have decided to hold satyagrah and form a human chain in front of the office of the Deputy Commissioner in the heart of the city on January 30.

The Satyagrah commenced at 10 a.m. At 4:30 p.m. a human chain will be formed. At 5.17p.m. when the father of the nation was gunned down 72 years ago during his evening prayer at Birla House by Godse, the demonstrators raised the slogan of unity to defeat the ideology of Godse.

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Wellwisher
 - 
Friday, 31 Jan 2020

A Salute to all these Magalorean courageous women's unity and patriotism.

 

 
Long Live India Jai Hind!

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News Network
May 12,2020

Dubai, May 12: Free tickets are being offered by philanthropists and businessmen based in the UAE for deserving Indians who want to fly home.

Repatriation ticket prices have been set at around Dh700 to Dh750 per person depending on the destination. But there are many in UAE who cannot afford it, especially people who have lost their jobs or have medical concerns.

Malayalam Communications Ltd and its Malayalam stations (Kairali TV & Kairali News) are giving away 1,000 tickets free. Those who wish to apply can submit their application to [email protected].

Indian businessman Dhananjay Datar, chairman & managing director of Al Adil Trading Company, is also giving away 300 tickets. He is liasing with the Consulate General of India (CGI) for the names. “This is the time we need to rise as a community,” he said.

Besides taking care of airfares, Datar will also bear the cost of COVID-19 testing fees for Indians from the UAE.

“The repatriation efforts undertaken by the government of India is one of the largest initiatives. I am just doing a small bit to help the community. There are many people who are not in a position to meet the airfare and COVID testing costs as they have lost jobs. I will be coordinating with authorised entities handing this to lend my support,” he said.

Pravasi India Forum, a welfare organisation in UAE, is giving away 100 tickets. The NGO on Monday, May 11, uploaded a registration form where people can provide their details. “Tickets will be given to those approved by CGI and for those who are in financial distress,” said Abulaise, president of Pravasi Welfare Forum.

Punnakan Mohammed Ali, general secretary Incas UAE committee, said it is also ready to give away hundreds of free tickets but only to genuine candidates. “We will evaluate each individual and only if they are approved by the consulate, we will give the tickets. But we are ready to help.”

Those who want to register can get more details on www.pravasiwelfareforum.com.They can also call 055-1025611.

Need for more flights

The gesture notwithstanding, many Indians are still waiting to get news on their repatration.

Social worker Shukoorali Kallangal, President, Abu Dhabi Kerala Muslim Cultural Centre (KMCC), urged the government of India to add more flights to accommodate more passengers.

“Emergency repatriation services are the need of the hour. There are several expats with medical, financial distress. For those who came with the hope of a job – that too is a thing of the past now. Right now all they want is to go home and start something afresh there.”

Kallangal said: “Take the case of pregnant women. In many cases, their husbands have lost jobs or have been asked to go on unpaid leave. They are living hand to mouth and cannot afford medical costs. Due consideration should be given to them.”

Sreedharan Prasad, another social worker based in Ras Al Khaimah, said he is currently dealing with several emergency medical cases.

Consul General of India Vipul said plans are afoot to add more flights in the next phase of Indian repatriation. “The number of flights are being decided by India in consultation with state governments. This is not a normal situation we all are in. We are in the middle of a pandemic situation.”

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News Network
May 3,2020

Bengaluru, May 3: Karnataka Government has allowed the movement of migrant workers, pilgrims, tourists, students and other persons who are stranded and also those who want to go to their residence as a "one-time measure" from district to district, after obtaining "one-day, one way" passes issued by concerned authorities.

Consequent to the Ministry of Home Affairs (MHA) new guidelines on lockdown measures, the government of Karnataka issued new guidelines on lockdown measures which will come into effect from May 4 for the period of two weeks.

In an order issued on Saturday, Chief Secretary and Chairman, State Executive Committee, Karnataka State Disaster Management Authority stated, "In the exercise of the powers, conferred under the Disaster Management Act, 2005, the undersigned, in his capacity of Chairman, State Executive Committee, hereby order to permit movement migrant workers, pilgrims, tourists, students and other persons who are stranded and also those people who want to go to their residence as a one-time measure from district to district with one-time one-day one-way passes issued by concerned Deputy Commissioners of the districts/Deputy Commissioner of Police in Commissionerates for strict implementation."

The details of the passes issued shall be shared by the issuing Deputy Commissioners of the districts/ Deputy Commissioner of Police with the receiving Deputy Commissioners of the districts/Deputy Commissioners of Police shall follow the SOPs prescribed by the Ministry of Health and Family Welfare for the movement of such persons, the order read.

It is reiterated that this would be a one-time one-day one-way pass for the individuals to reach their final destination.

Meanwhile, three deaths and 12 new COVID-19 cases were reported in the 24 hours in Karnataka, said the state Health Department on Saturday.

According to the Health Department, the total number of coronavirus positive cases in the State is now 601. 271 patients have either been cured or discharged. The virus has killed 25 people so far in the State.

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