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 29,2020

Hubballi, Jan 29: Thousands of people took part in a protest march against the Citizenship (Amendment) Act (CAA) causing traffic snarl in the city on Tuesday.

Various Dalit organisations had taken part in protest organised under the aegis of the 'Samvidana Samrakshana Samiti'.

KPCC members including MLA Prasad Abbayya, former Minister A.M. Hindasageri and office-bearers also joined the protest.

They congregated first at B.R. Ambedkar Statue near the Head Post Office in Hubballi. Holding flags and banners, the protesters marched from Ambedkar statue to mini Vidhana Soudha covering Lamington Road, Sangolli Rayanna Statue and Kittur Chennamma Circle.

Mr. Abbayya said that despite opposition from various minority communities and progressive organisations, the Union government had not changed its stand. The opposition would continue till the new law was repealed, he said.

He termed the CAA as a draconian law that meted out injustice to not only Muslims but also to Hindus. “Giving citizenship based on documents is highly condemnable. At a time when the country is undergoing an economic slowdown, it is highly condemnable that thousands of crores are being spent to enact the law. The Union government should immediately abolish the new law,” he said.

They submitted a memorandum to the Hubballi tahsildar that was addressed to the President, seeking abolition of the new law. In view of the march, the police had diverted traffic and had made elaborate bandobast.

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coastaldigest.com news network
May 29,2020

Mangaluru, May 29: The southwest monsoon is expected to reach the Karnataka coast on June 1 or 2, earlier than forecast by the India Meteorological Department (IMD).

Normally, Karnataka witnesses the onset of monsoon either five or six days after it had entered Kerala. However, this time, Karnataka will also witness the arrival of monsoon either on June 1 or June 2, according to meteorologists at the Karnataka State Natural Disaster Monitoring Cell (KSNDMC).

The gradual formation of two low-pressure areas over the Arabian Sea located close to the western peninsular coast and gaining momentum has helped Karnataka mark the start of the four-month-long rainy season expected to revive the back-to-back drought-stricken state.

Confirming the changes in the atmospheric pattern, Dr GS Srinivasa Reddy, Director KSNDMC said, “Karnataka will also witness the onset of monsoon on the same time that of Kerala.”

The early onset of monsoon over Karnataka coast is attributed to prevailing to weather pattern over the Arabian Sea. 

“The two low-pressure areas over the Arabian Sea are steadily gaining momentum. They may reach the peak by the weekend and may concentrate further into depression causing widespread rainfall in the peninsular region and thereby advancing the onset of monsoon over the region,” Dr Reddy explained.

The KSNDMC, based on the Indian Meteorological Department (IMD) forecast, stated that due to 'prevailing favourable conditions over the Indian Ocean and Pacific Ocean regions', the monsoon will be normal and above normal over coastal and south-interior Karnataka according to the present scenario.

The IMD, which had initially issued a forecast of five-day delay in the onset, had issued a fresh forecast on Wednesday cautioning the states along the West coast about the formation of two intense low-pressure areas in South-East and East-Central Arabian Sea region.

Following the forecast, a yellow alert has also been issued in Kerala and coastal areas suggesting significant rainfall starting from this weekend. “Fishermen have also been advised not to venture into deep-sea due to high turbulent conditions,” an IMD official revealed.

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News Network
June 22,2020

Bengaluru, Jun 22: The Central Crime Branch (CCB) of Bengaluru Police has obtained the custody of an associate of gangster Ravi Pujari and is questioning him about his role in several cases against the gangster, the police said on Monday.

According to the police, Khan is convicted in the case related to the murder of a builder named Subba Rao in the year 2017. The accused has been identified as Yousuf Bacha Khan.

"Continuing the investigation of Ravi Poojary, CCB had obtained custody of Yousuf Bacha Khan, who is associate of Pujari. Khan was convicted in the Subba Rao murder case. He is being questioned about his role in other cases," Joint Commissioner of Police (Crime) Sandeep Patil said.

The CCB had recently filed two charge sheets against gangster Ravi Pujari in Shabnam developers double murder case and an extortion case.

Pujari, who was wanted in several cases including ones related to heinous crimes like murder and extortion, was extradited to Bengaluru earlier this year from Senegal.

The gangster, who parted ways with underworld don Chhota Rajan, had jumped bail after he was arrested in Senegal in 2019 and had escaped to South Africa, where he was involved in drug trafficking and extortion.

According to sources in the Indian intelligence, Ravi Pujari was hiding under the false identity of Anthony Fernandes, a Burkina Faso passport holder, in a remote village in South Africa.

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