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
April 1,2020

Bengaluru, Apr 1: Karnataka government along with BBMP has asked project contractors, builders and developers in the city not to send their labourers to their native place and instead provide them with amenities like food and shelter in this lockdown period.

It was also warned with legal action would be taken against them if they violating the instructions from the government .

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News Network
June 29,2020

Bengaluru, Jun 29: The results of second pre-university and the Secondary School Leaving Certificate examination results will be out by July last week and August first week, Karnataka Primary and Secondary Education Minister S Suresh Kumar said on Monday.

Instead of giving general promotion to the 10th and 12th standard students as the Central Board of Secondary Education and other states have done, the Karnataka government decided to hold the examination defying the coronavirus scare.

"We are trying to get the SSLC results out by the first week of August.The PUC results will be out in the last week of July," the minister told reporters in Bengaluru.

Amid reports of schools increasing the school fees ignoring the government's direction, the minister said he has got reports that 1,150 schools have increased their fees of which action has been taken against 450 schools.

"We have directed all the schools not to increase the fees in view of the coronavirus scare.

It is a peculiar year.Humanity says no one should increase fees.

We have set up a helpline. If we come across such practices, we will initiate action," Kumar said.

He said an officer has been entrusted to look into the complaints against schools.

Speaking about online classes for kindergarten students, the minister said such classes are not allowed.

The schools can hold talks with parents twice a week about grooming their children.

Kumar said a decision on opening kindergarten schools will be taken after July 5.

He, however, conceded that most parents are unwilling to send their children to school.

The government is gathering the opinion of parents based on which a decision would be taken, he added.

Regarding education to students from Class one to Class 10, Kumar said the Centre has given guidelines, which will be followed.

The state has formed an expert committee to recommend guidelines on education to children from Class I to Class six.

"Once the committee report comes, we will formulate regulations," Kumar added.

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News Network
February 9,2020

Karwar, Feb 9: It has now come to the knowledge that a Karwar youth identified as Abhishek (26) who is on board a cruise ship that was turned away at a Japan port has reached out for help. The vessel was carrying coronavirus infected tourists onboard.

On Friday, Japan had reported 41 confirmed cases in the vessel which is currently docked at Daikoku Pier Cruise Terminal in Yokohama, Tokyo. Abhishek works as a steward in Diamond Princess ship owned by Carnival Corporation & plc. The reports say that he is not infected by the virus. Around 3,700 people have been confined aboard the ship. The total number of Indian nationals is not yet confirmed.

Abhishek who hails from Canara Bank colony in Karwar in Karnataka on Saturday morning through a video call appealed to the Indian government to evacuate him from the ship and deport to India, while the company, where he works, has said the Indian Embassy in Japan is in continuous contact with the concerned authorities in Japan

Abhishek in his call to parents said “I am scared of the ship as the people are quarantined and the ship is isolated. Please contact government officials to evacuate me from the ship and deport me to India.”

Father of Abhishek, Balakrishna B talking to ToI said the Karwar district administration and the company he is working with have asked not to panic. The deputy commissioner (DC) of Karwar said Japan is performing normal procedures to contain the spread of the deadly virus which killed over 600 people across the world.

Indian embassy in Japan in its statement mailed to the parent of Abhishek said “As you are aware that the Diamond Princess cruise ship is presently under quarantine for a period of 14 days from Feb 5 due to positively tested cases of coronavirus onboard. All passengers and crew members on board have to follow the health and safety regulations put in place by the Japanese ministry of health, labour and welfare”

The embassy official, Anil K Kalra further said the office is in constant touch with the Japanese authorities who have assured that all passengers and the crew members of the ship are being taken care of and kept under health monitoring and there is no cause to worry. The official said “we are trying to reach out to all Indian nationals onboard to know about their well being and assure all possible help at this difficult juncture.

DC of Karwar, Harish Kumar K urged the parents not to panic and his office has sent a letter to state the government that will be forwarded to the ministry of external affairs. Japan is doing standard operating procedures to contain the virus and as of now, Abhishek is secure and safe.

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