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
March 24,2020

Bengaluru, Mar 24: Underlining the seriousness of the coronavirus, which is spreading like wildfire in Karnataka, renowned Heart Surgeon and founder of Narayana Hrudayalaya Dr Devi Shetty on Tuesday predicted that Karnataka alone will have more than 80,000 people affected with the dreaded killer disease COVID-19 if people fail to protect themselves.

He urged the people to cooperate with the Government in preventing its further spread and immediately treat those who are affected.

Dr Shetty, urging the people to remain indoors and not to venture out, said those who are affected should not come out and remain in isolation even in their houses and take all precautions advised by doctors.

He said if 80,000 people in the state were affected, more than 20,000 need to be admitted to Hospital for treatment.

"More than 2000 affected need to be kept under ventilation and it requires more infrastructure in the hospitals," he said.

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News Network
April 21,2020

Kasaragod, Apr 21: Kerala reported a spike in COVID-19 cases on Tuesday with 19 people testing positive, after a decline in the numbers in the past few days, as the total infections touched 426 in the southern state.

Kannur recorded 10 cases, Palakkad four, Kasaragod three and Malappuram and Kollam one each, Chief Minister Pinarayi Vijayan told reporters here.

The number of those getting infected were in single digits over the past few days.

Of the 10 positive cases from Kannur, nine of them had come from abroad and one had been infected through contact, he said.

Pointing out that the positive cases in Palakkad,Malappuram and Kollam had come from neighbouring Tamil Nadu, Vijayan said there is need to enforce strict vigilance in places bordering neighbouring states.

Sixteen people tested negative on Tuesday, while the total active cases 117, he added.

At least 32,000 people are under observation,

Of the around 20,000 samples sent, 19,440 had returned negative, Vijayan said.

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News Network
January 11,2020

Mysuru, Jan 11: City Police has intensified its search for a girl student who a displayed 'Free Kashmir' poster during a protest two days back.

According to police, a girl student displayed the poster carrying an anti-national message, during the protest organised by University of Mysore Researchers Association and other organisation on Wednesday to oppose the attack on the students and the teachers in Jawaharlal Nehru University in the National Capital. An officer said that as per the documents available, it appears that a girl student displayed the placard for a few minutes.

"We are looking for the accused". The Jayalakshmipuram police have taken up suo motu cognisance of the case. Meanwhile. the office of Governor Vajubhai Vala, on Thursday, sought a detailed report from the University of Mysore (UoM) over the incident. The city police have booked the protestors under Section 124A of the Indian Penal Code (IPC).

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