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
July 22,2020

New Delhi, Jul 22: Sir Philip Barton visited Bengaluru on Tuesday in the first of the series of virtual regional visits as the UK's new High Commissioner and called Chief Minister BS Yeddyurappa, business leaders, and startup community to pitch for new momentum in the already strong UK-Karnataka relationship.

During his virtual call, High Commissioner Barton got a 'real' taste of Bengaluru through a traditional Masala Dosa delivered to his residence in Delhi along with authentic south Indian filter coffee, which he relished over a chat with historian and commentator Ramachandra Guha. They discussed the unique UK-India "living bridge" across culture and cuisine, history and heritage, and sports and science.

Both Yeddyurappa and the British envoy restated their commitment to working together on the immediate challenges of Covid-19 and beyond.

Barton subsequently 'traveled' to Electronics City, where he met with a range of key business leaders to discuss deepening the UK-India tech partnership and opportunities for global investors in the UK.

Barton also met with a group of entrepreneurs, business founders and innovators, who were part of the first GoGlobal UK cohort to explore the dynamic UK market considered one of the best ecosystems for startups in the world. 

They had earlier attended a week-long boot-camp in London and Manchester in December 2019 that helped them bolster their business skills, build links with UK's thriving digital sector, and paved the way for future partnerships.

"I am delighted to make my first regional virtual visit to Bengaluru, the technology hub of India. My visit comes at a difficult time for everyone. So it is also a time when the excellent collaboration between the UK and Karnataka across technology and healthcare could not be important," Barton said.

"Making the most of those close links, and drawing on the great energy, innovation and entrepreneurship that Karnataka is famous for, will be central to ensuring we all recover from Covid-19 stronger than ever," he added.

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News Network
January 25,2020

Bengaluru, Jan 25: Several women have completed a 24-hour protest here against the Citizenship Amendment Act (CAA) and are going strong to stretch it to 48 hours.

"More than a thousand women gathered on the Masjid Road at Frazer Town to denounce the CAA and National Register of Citizens (NRC)," participant and Mount Carmel College student Noor Zahira told IANS.

The women protesters extended their support to the students in Jamia Millia Islamia, the Aligarh Muslim University, the Jawaharlal Nehru University and others who were recently roughed up allegedly by police and masked goons.

Zahira, 20, said the women's protest was planned only for 24 hours but is continuing to touch 48 hours.

Starting 3pm on Thursday, the women, several of them in burqas, niqabs and hijabs, are sitting on the road just outside the Haji Sait mosque in Frazer Town in a flash protest. Though they have informed the police, they did not wait for the permission. Around 11 pm, police arrived and shut off the protesters' loud speakers.

Zahira said already four such women's anti-CAA protests were taken out in Bengaluru. Women from all ages groups have joined the protest and are sloganeering.

As the women are protesting on the road, men are guarding them standing on the opposite road, ensuring all supplies such as food and others to them, she added.

"Muslim women were not alone in denouncing the CAA... we were joined by the transgenders, Hindu women, Christian women, Dalits and others, " she said.

Some of the protesters also indulged in creative work such as composing songs against the CAA and making placards.

Though four anti-CAA women's protests happened at the Town Hall and other landmarks in Bengaluru, they were only a few hours long.

The protesting women are also showing support to women protesters at Shaheen Bagh in Delhi who were accused of demonstrating for Rs 500. However, the protest did not align anti-CAA demonstration with any political party, keeping it apolitical.

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News Network
April 2,2020

Bengaluru, April 2: At least three people have been arrested by police in connection with the attack on ASHA worker Krishnaveni in Bengaluru's Byatarayanapura area.

Earlier in the day, Bengaluru Police Commissioner Bhaskar Rao said that an investigation was initiated into the incident in which ASHA workers were attacked.

"I have appointed Pulikeshi Nagar ACP, Tabarak Fathima, to investigate the matter. A case will be registered and action will be taken. ASHA workers will be protected by the police to carry out their functions," Rao told ANI here.

Earlier, Karnataka Deputy Chief Minister CN Ashwath Narayan visited one of the ASHA workers who was allegedly attacked by unidentified miscreants and termed the incident as "completely demoralising" for the workers.

ASHA workers, who were deployed to spread awareness about coronavirus and identify suspected cases, were allegedly attacked by a group of locals in Byatarayanapura here on Wednesday.

The workers said that the locals did not allow them to work and around 100 people gathered at the spot and harassed them.

This comes as the country is under a 21-day lockdown to prevent the spread of coronavirus.

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