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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coastaldigest.com news network
July 15,2020

Mangaluru, Jul 15: A septuagenarian from Bantwal taluk died due to coronavirus infection at a hospital in the city taking the covid-19 death toll in Dakshina Kannada to 54.

The deceased was a 73-years-old and a resident of Kasaba village in Vittal, Bantwal. Recently eight members of his family were tested positive for covid-19 including his son.

He was admitted to a hospital in Mangaluru where he was tested positive for the virus. He did not respond to the treatment and breathed his last, sources said.

The final rites were carried out by a team of trained activists of Popular Front of India (PFI) at a designated graveyard. All necessary precautions were taken by the authorities concerned and police during the funeral.

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News Network
March 1,2020

Bengaluru, Mar 1: Bengaluru Police has rescued six women and arrested two people after a raid on a spa, allegedly operating illegally, in the city's HSR layout area.

"Of the women rescued three are from Thailand and the other three are from North-Eastern states," said a statement from the Central Crime Branch's (CCB) Women Protection Wing.

The raid was carried out on Saturday night and the police have arrested two people, while the owner of the spa is absconding.

The arrested suspects have been identified as Peter Sunawar and Rajkumar Radhakrishna Mishra. Further investigation is underway in the case.

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News Network
July 1,2020

Bengaluru, Jul 1: Karnataka Pradesh Congress Committee (KPCC) chief DK Shivakumar on Wednesday said that the state Chief Minister BS Yediyurappa should apologise to the nation for the Ballari incident.

"It is shocking to see the Ballari incident. The way the dead bodies of the corona victims have been treated is very unfortunate. The entire country witnessed it. I request the Chief Minister BS Yediyurappa to apologise to the nation. India is known for its values and traditions," Shivakumar told reporters here.

Earlier, Shivakumar had posted a video which allegedly showed officials 'inhumanly' dumping bodies of those patients who die of COVID into a pit in Ballari, the district administration confirmed it and said that the entire field team involved in the incident has been disbanded.

"It's disturbing to see bodies of COVID patients who have died being dumped inhumanly into a pit in Ballari. Is this civility? This is a reflection of how the government has handled this Corona crisis. I urge the govt to take immediate action and ensure that this doesn't happen again," Shivakumar's tweet, which also had a video of the incident embedded, read.

The Deputy Commissioner, Ballari issued a press note which stated that it had conducted an enquiry after the video surfaced and it was found that the video belonged to the district and "comprises of burial of eight people who passed away after succumbing to COVID-19."

Although, according to the DC, all protocols and SOPs were followed by the team during the burial process, however, the "disrespectful handling of the bodies while being lowered on to the ground by the field staff" led to the entire field team involved being disbanded and will be replaced by a new team trained by the HOD, Forensic, VIMS.

The district administration also issued an unconditional apology to the families of the deceased and to others who were hurt by the incident.

Meanwhile, Chief Minister BS Yediyurappa also termed the behaviour of the staff "very inhuman and very painful" and urged the staff to tread cautiously with humanity in handling the funeral of those affected by the disease, and added, "Let's walk with humanity, and realize that there is no greater religion than humanity." 

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