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
July 1,2020

Bengaluru, Jul 1: Karnataka registered a record 1,272 Covid positive cases to breach the 16,000- mark to take the states tally to 16,514, while seven people succumbed to the dreaded virus, an official said on Wednesday.

"New cases reported from Tuesday 5 p.m. to Wednesday 5 p.m. 1,272," said a health official.

In the past 24 hours, seven people have succumbed to the virus, two each in Bengaluru Urban and Bidar and one each in Dakshina Kannada, Belagavi and Hassan, taking the state''s death toll to 253.

Of the record number of cases in the last 24 hours, Bengaluru Urban bore the brunt with 735 infections, taking the city''s tally rise to 5,290, out of which 4,649 are active cases.

Among the new cases, excluding Bengaluru, Ballari accounted for 85, followed by Dakshina Kannada (84), Dharwad (35), Bengaluru Rural (29), Vijayapura and Hassan (28 each), Uttara Kannada (23) and Udupi (22).

Chamarajanagar witnessed 21 cases, followed by Bagalkote (20), Tumkur (19), Davangere (16), Chikkaballapura (15), Kalaburagi and Ramanagara (14 each), Koppal (13), Raichur and Chitradurga (12 each), Yadgir, Bidar and Belagavi (8 each), Kodagu (7), Mandya and Kolar (5 each), Shivamogga (3), Gadag (2) and Chikkamagaluru (1).

Of the 1,272 new cases, 1,068 or 84 per cent are contacts of earlier cases while domestic returnees accounted for 42 cases or 3 per cent.

On Wednesday, 145 people got discharged from different hospitals, elevating the total number discharges to 8,063.

Of the 16,514 cases in Karnataka, 8,194 are active cases.

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News Network
January 4,2020

Mangaluru, Jan 4 The International Kite Festival, will be the main attraction of the Karavali Utsav being held here from January 10-19.

Deputy Commissioner Sindhu Roopesh said on Saturday that a variety of cultural programmes are scheduled on the occasion of Karavali Utsav being organized by the DK District Administration at the Karavali Utsav grounds, Kadri Park and Panambur Beach.

Cultural programmes will be presented by budding local artistes of State, National and International fame. All facilities for the cultural programmes will be set up at the Kadri park and Karavali Utsav grounds.

The programme will begin with a cultural procession from Nehru Maidan on 10 January followed by the Inauguration at the Karavali Utsav grounds.

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News Network
April 11,2020

Bengaluru, Apr 11: Karnataka Library Department’s mobile application, which is said to be the first of its kind initiative in the country has seen an exponential growth in downloads during the COVID-19 lockdown, a senior Minister said on Friday. The main reason that the application is growing is due to the heavy students demand as schools and colleges are closed during the 21-day nationwide lockdown.

Students are relying on online material for their studies as they can’t step out of the house and risk being infected.

The Library Department's efforts to keep readers active through the lockdown time, by prompting them to utilise its e-initiatives is paying off, Primary and Secondary Education Minister Suresh Kumar said.

"The app is seeing exponential increase in downloads since its launch. As many as 16,500 people have taken it; while ten thousand people have downloaded it during this brief lock down time itself," he said.

E-library mobile app was released by the library department on February 26.

There are over one lakh e-books available on department's digital platform ranging from arts, humanity, school curriculum, competitive exams and self help to classic novels - all for free for the readers.

"Its needless to say, the variety of attractive content that is available in the app is creating all the buzz among the public. Not just the books, the app contains over 600 educational videos too," the Minister said in a statement.

Considering that over 16,500 readers have downloaded the app since its launch a couple of months back, its high time, we see this domain as an opportunity for growth, he said, and stressed on the need for better adaptability approaches to the changing times.

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