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 15,2020

Davangere, Jan 15: Karnataka Chief Minister B S Yediyurappa on January 14 threatened to resign when the seer of 'Panchamasali Guru Peetha' warned that the community will leave him, if a BJP MLA from the community is not made the minister during the upcoming cabinet expansion.

The chief minister, who is awaiting the BJP high command's nod to expand his cabinet, amid intense lobbying by the aspirants, wanted the seer Vachanananda swamiji and the 'Panchamasali' community to understand his "situation." Yediyurappa pointed out that he has come to power because of the Congress-JD(S) legislators who rebelled against the then coalition government.

The incident took place when Vachanananda swamiji, while addressing an event at Harihara, near here, said "chief minister, you are a good person, Murugesh Nirani (BJP MLA)has helped you a lot, he has stood by you..if you leave his hands this time, the united Panchamasali community will leave your hands." As the swamiji was making this statement, Yediyurappa, who was seated next to him, rose and threatened to leave the stage.

"If you speak like this I will go away...what are you speaking...kindly pardon me, I will leave, you should not speak like this, if you speak like this I can't work..you can give me suggestions, you cannot threaten me," he said, as the swamiji tried to convince Yediyurappa and asked him to take his seat.

As Yediyurappa acceded to his request, the seer said he was not threatening him but was putting forward the rights of the community. The chief minister, who was visibly upset, was seen talking to Home minister Basavaraj Bommai next to him, who even tried to convince the seer not to continue with the topic. Nirani, a MLA from Bilgi who was Industries minister in the previous Yediyurappa government, was seated on the stage when the incident occurred.

Later addressing the event, Yediyurappa said he was not "selfish" and was even ready to resign.

"Vachanananda swamiji has spoken, through you I request him to understand my situation also. If 17 legislators (Congress-JDS), few even as ministers, had not resigned and stayed away, Yediyurappa could not have occupied this Chief Minister position.

You (swamiji) need not make people raise their hands on any demand, if you tell me, I'm ready to listen to you," he said.

Stating that he was ready to take suggestions from the swamiji on all issues, including on how to run the administration for the next 3 years, Yediyurappa said "I'm ready to bow my head and listen to it, if you don't want I'm even ready to resign and go home, I'm not someone who wants to stick to the chair."

Further noting that if he says that the financial condition of the state is not good it will become headline in papers tomorrow, he said he will have to wait till March for the situation to improve.

"I dont have selfishness, I'm aware that if the Panchamasali-Lingayat community had not stood by me, I could have not sat on this chair (CM)... but kindly understand my situation also," he added.

Yediyurappa is expected to expand his ministry later this month after discussing with BJP national president Amit Shah during his visit to the state on January 18.

As the chief minister has already made it clear that 11 of the disqualified JDS-Congress MLAs who got re-elected in the bypolls on BJP tickets will be made ministers, lobbying has been on within the party for the remaining ministerial berths.

Currently there are 18 Ministers, including the chief minister in the cabinet that has a sanctioned strength of 34.

The cabinet expansion will not be an easy task for the chief minister as he will have to strike a balance by accommodating the victorious disqualified legislators as promised and also make place for the old guard, upset at being "neglected" in the first round of the induction exercise.

He also has to give adequate representation to various castes and regions in his cabinet and also deal with allocation of key portfolios.

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News Network
March 8,2020

Shivamogga, Mar 8: In a tragic incident, three people died on the spot and one person severely injured after a car, in which they were travelling dashed against a wayside tree in Kaspadi village in Sagar Taluk on Sunday.

Police said that the deceased have been identified as Siddappa (40), Venkatesha (50), G Tippanna (60), while injured Nagaraj, was admitted to Hospital at Sagar.

The mishap took place when the victims were their way to visit Kargal Village from Raichur.

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News Network
January 2,2020

Shivamogga, Jan 2: A large number of farmers who wanted to stage a demonstration against Prime Minister Narendra Modi protesting the non-implementation of the 'Swaminathan Report' were detained at Bengaluru, Tumakuru and Shivamogga, police said on Thursday.

According to police, the detentions have taken place in certain parts of Tumakuru, near Bengaluru as well as in Shivamogga.

As part of his two-day visit to Karnataka, Modi is scheduled to visit Tumakuru on Thursday to pay his obeisance to the departed seer of Siddaganga Math Shivakumara Swamiji and meet the present pontiff Siddalinga Mahaswamiji.

Later, he would address a mega public meeting where he will give away the Krishi Karman awards.

In the evening he will reach Bengaluru to visit the DRDO facility to dedicate five DRDO Young Scientists Laboratories to the nation.

Pressing implementation of the Swaminathan Report, which recommends a holistic national policy, the farmers under the leadership of Kodihalli Chandrashekar had planned to stage a demonstration at Tumakuru.

Before they could leave for Tumakuru, the police detained them.

According to Chandrashekar, the farmers have been arrested at Nelamangala, Herohalli near Magadi, Kunigal and Koratagere in Tumakuru district and Shivamogga.

Speaking to PTI, Chandrashekar said the BJP has betrayed farmers by not implementing the Swaminathan report.

"The BJP could implement all the agenda such as abrogation of Article 370, paving way for Ram Temple in Ayodhya and various other poll promises but it ignored its promise of implementing the Swaminathan report," the farmer leader said.

Chandrashekar also said he has been detained at a ground on Magadi Road along with two others while farmers who wanted to take part in the protest have been detained in different parts of the state.

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