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 20,2020

Mangaluru, Jan 20: The improvised explosive device (IED) recovered from a bag at Mangaluru airport was defused in an open field by the personnel of the bomb disposal squad on Monday. 

A short while ago, the Commissioner of Police in Mangaluru, PS Harsha, narrated the incident, along with the action taken by the security personnel.

"Today at approx 9 am a suspect dropped the baggage, containing plausible explosive substances, at the Mangaluru airport. It was spotted by the security personnel and then the bomb detection and disposal team was pressed into action," Harsha told reporters here.

"The area was cordoned off and then the suspected object was taken in a threat containment vehicle to a spot for defusing the explosive device. The local police have registered an FIR in this connection based on the complaints of CISF," he added.

The Commissioner said that three teams have been formed for "identification and apprehension of the accused."
He further said that the visuals of the suspect have been shared for his identification, and urged citizens of Mangaluru and around the nation to come forward and inform the police if they have any knowledge of the accused.

"Our teams have made some breakthrough and established few preliminary facts and I am assured we will be able to trace out the execution plan of the act of sabotage," he added.

Also Read: Security beefed up at airports across country after suspicious bag found at Mangaluru airport

Comments

bond
 - 
Tuesday, 21 Jan 2020

deepvali rocket new model lunch in kenjar  airport 

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News Network
January 22,2020

Bengaluru, Jan 22: Karnataka home minister Basavaraj Bommai today refused to respond when a journalist asked him why Aditya Rao, who was arrested on charge of planting bomb at Mangaluru International Airport, can’t be called a terrorist.

Responding to another query of another journalist on the sidelines of a private program, here, Mr Bommai said all airports in the state would soon have bomb disposal squads.

"After the Mangaluru airport bomb incident, a thought has been given to establishing bomb disposal squads near airports in the state. Hubballi and Kalburgi airports too will have them," he said.

He said, Aditya Rao resident of Udupi who has been in a frustrated state for not getting employment and earlier too arrested for hoax calls surrendered at the DGP office in Bengaluru on Wednesday. The Mangaluru police will take him into custody for investigations, he added.

Despite the suspect surrendering to the police, investigations into the case will continue, he said.

He further added, 'Irrespective of the organisations the accused belongs to, he will be punished.”

Explosives used in the Mangaluru airport bomb have been sent to the Forensic Science Laboratory for analysis and investigation. National Security Guards too were collecting details, he stated.

He then went on to slam Opposition parties over Mangaluru Airport bomb incident. “State police, on getting information about the suspected bag, had acted swiftly and diffused it. The opposition has resorted to politics and using the incident to appease minorities,” he said.

He also termed that the statements made by the opposition would instigate anti-national elements.

Comments

SATYA VISHWASI
 - 
Thursday, 23 Jan 2020

The biggest and terrible terrorist are those who justify and support  terrorist by whatever means even if its not calling a terrorist as terrorist

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News Network
January 3,2020

Chamarajanagar, Jan 3: The residents of Galipura layout in Chamarajanagar city boycotted the annual Community Based Survey (CBS), conducted by the Health and Family Welfare department, mistaking it to be the National Register of Citizens (NRC).

Majority of the residents in the layout belong to Muslim community. The people, who mistook CBS to the NRC survey, got into arguments with the Asha workers, who were given the responsibility of collecting information. They even tore the forms into pieces and vent their ire.

The Health Department conducts CBS every year in the urban areas and collects all details including Aadhaar number, residential address, details of family members, health problems and others.

Fifteen Asha workers were deputed for the survey in the layout. A few youths started questioning them alleging it to be an NRC survey and started arguing with them.
Tahsildar Mahesh, District Health and Family Welfare Officer Dr N C Ravi, with the help of Muslim leaders cleared the confusion. The community leaders assured of explaining it to the residents and extend cooperation to the survey.

Comments

abdullah
 - 
Sunday, 5 Jan 2020

Its not the fault of the residents.  Sanghis are planning to approach citizins disguised as health workers and else to get  details of residents.   such trouble makers should be noted and handed over to police.   Police should arrest such fake people and put in jail.   such fake people are trying to terrify poors and collect money assuring to help them.   So, please be careful.   

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