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 7,2020

Mangaluru, Jan 7: A ten-year-old boy who suffered severe injuries after drowning in Kadri temple pond died on Monday,

Police said that the deceased has been identified as Sandesh, resident of Athani taluk.

Sandesh drowned while taking a dip in a pond at Kadri Shree Manjunatha Temple on Sunday evening. He was immediately rushed to the hospital in the city, however, he died on Monday morning after he stopped responding to the treatment.

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News Network
May 24,2020

Bengaluru, May 24: A couple got married in Bengaluru today, even as Karnataka government has announced a complete lockdown on Sundays, as part of the fourth phase of COVID-19 shutdown till the end of this month.

The marriage ceremony on this Sunday was possible thanks to a clarification given by the state government for marriages, which has been already scheduled for May 24 and May 31 to be exempted from the Sunday complete lockdown.

At today's wedding, the rituals were performed with compliance of all guidelines including ensuring social distancing and capping the number of guests at 50.

Satish, the groom said, "Government has allowed weddings with up to 50 people in attendance but we decided to invite only 25 people to the ceremony".

Meanwhile, in the Honnali Honnali area of Davanagere, BJP MLA MP Renukacharya distributed masks to three newly-wed couples.

As per an earlier advisory issued by the State government more than 50 guests, no air conditioning, and the consumption of liquor and paan are among the guidelines to be followed for holding weddings in the state. Also, people aged above 65 and below 10 as well as pregnant women have been barred from participating in the event.

According to the advisory, sanitisers should be provided at the entry and other appropriate places at the venue. Also, thermal screening of all persons shall be conducted at the entry of the venue. The scanner should be held 3-15 cms away from a person's forehead.

Apart from this, the venue shall be "clean and hygienic," and a "nodal person shall be identified for overseeing the arrangements and coordination at the venue." Also, a list of attendees with contact details has to be maintained and all guests should have downloaded Aarogya Setu app.

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News Network
April 14,2020

Dubai, Apr 14: Around 2,500 Indians have approached Indian missions in the United Arab Emirates (UAE) seeking help to be flown home during the ongoing coronavirus lockdown, top diplomats have said.

The Indian Embassy in Abu Dhabi and the Indian Consulate in Dubai together have received requests from "a little more than 1,000 individuals" while the latter has received an additional request from an employer who has laid-off around 1,000 Indian workers, reports Gulf News on Monday.

According to the Indian Ambassador to the UAE Pavan Kapoor, the missions have not been bombarded with mass requests from the people who wish to take an immediate flight home unlike widespread reports on social media.

Most of the individuals who have expressed their interest to return home are visitors and those who lost their jobs, he told Gulf News.

Consul General of India in Dubai, Vipul said his mission had received nearly 1000 requests via email and phone from people who want to return home.

"A majority of them are visit visa holders. On Sunday, we got information about another large group of around 1,000 Indian workers who have lost jobs. The employer has got in touch to know the options to send them back home as early as possible," he told Gulf News.

However, the diplomatic heads refuted unverified reports that claim tens of thousands of Indians were scrambling to fly home during the pandemic.

They added that the missions have been aiding hundreds of workers, who have been left in the lurch by their employers, with provisions.

The Indian government had said that flight services cannot be resumed during the lockdown period, which has now been extended till May 3.

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