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
May 21,2020

Bengaluru, May 21: With temples yet to open for devotees as coronavirus restrictions are in place, the Karnataka government is preparing for live streaming of sevas (service) and poojas offered to deities at temples that comes under the state's Hindu Religious Institutions and Charitable Endowment Department.

The government has also decided to develop an app and web-based software with an intention to provide information to devotees regarding temples, also to facilitate online donations and advance booking for various sevas offered there.

Regarding online live streaming, Commissioner of the Hindu Religious Institutions and Charitable Endowment Department has written to the Deputy Commissioners of all the districts and Executive Officers seeking a list of temples that comes under their jurisdiction where such facility can be provided.

"It has been intended to do online live streaming of sevas and pooja rituals at temples that come under the department in the backdrop of COVID-19 crisis. In this regard it is requested to provide a list of temples where online live facility can be provided to devotees, by abiding the traditions and practices of the temple," the letter said.

Though the temples are holding daily poojas and rituals, they are not open to public for now, with COVID-19 induced lockdown restrictions in place.

Officials had recently had stated that the department was planning to have a standard operating procedure (SOP) in place, that needs to be followed at temples in a post lockdown scenario, once they are opened for the public.

There are over 34,000 temples in the state that come under the department.

Meanwhile, in another letter to DCs of 15 districts, also Executive officers and administrators of 'A' grade temples, aimed at development of app and web-based software, the Commissioner has sought information regarding sevas offered at temples in their jurisdictions and those sevas for which option can be provided for devotees to do advance booking.

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News Network
March 11,2020

Mar 11: Two activists of Sangh Parivar have been arrested by the police in Tamil Nadu’s Coimbatore for hurling a petrol bomb at a mosque in Ganapathy on March 5.

The miscreants had hurled petrol bombs at the front gate of Hidayathul Sunnath Jamath Mosque at Vedhambal Nagar near Ganapathy in Coimbatore around 1 am on March 5. Since the bomb did not explode, nobody was injured in the incident.

Following a complaint from the Secretary of the Jama’ath, the police had formed three separate teams to nab the miscreants.

Based on tip-offs, the police detained BJP member Pandi (41) and VHP member Akhil (23), both from Rathnapuri in Coimbatore for inquiry.  The duo has also been remanded to judicial custody.

According to a statement by the Coimbatore police, the accused told the police that they hurled petrol bomb at the mosque to protest against the attack against Anand, a Hindu Munnani functionary a few days ago. The accused also reportedly told the police that they were planning to create more chaos.

Madukkarai Anand, the District Secretary of Hindu Munnani was attacked on March 4, while he was returning home after participating in a pro-CAA dharna organised by the BJP and allied parties in Gandhipuram.

He was allegedly followed by men on two motorbikes, who attacked him with rods. Anand suffered head injuries in the attack and was admitted to a hospital. The Podanur police registered a case for attempt to murder based on a complaint and had also formed special teams to nab the accused. However, no one has been apprehended in that case till now.

Based on the statements given by the accused, the police arrested the two men, seized the two-wheeler they used, two cell phones and the things they used to manufacture the petrol bomb.

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News Network
July 16,2020

Hassan, Jul 16: In fresh incident of cast killing, a Dalit youth in Alur taluk of Hassan district was shot dead yesterday by the relatives of the girl with whom he was in love. 

The deceased identified as Madhu, a 30-year-old resident of Soppinahalli village. He had taken a 25-year-old girl with him and was planning to marry her after taking her family into confidence.  

The relatives of the girl, who belong to upper caste, claimed that Madhu had kidnapped the daughter of one Ramesh of the same village. The girl's uncle Rupesh had waylaid Madhu when he was on the way to the field and shot at him. 

The body of the deceased as been shifted to a mortuary. The accused Rupesh has gone absconding. Sources said that the family of Ramesh has strongly opposed the inter-caste marriage.

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