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
May 26,2020

Bengaluru, May 26: Former Karnataka chief minister Siddaramaiah today held a video conference with Kannadiga businessmen in Saudi Arabia and paid heed to the woes of Saudi Kannadigas amidst covid-19 lockdown.

Sheikh Karnire, Director of Operations Expertise Contracting Co, Mohammad Mansoor, Chairman of Saara Group and President of OIC Bahrain, and Ismaeel, CEO of Realtech Industrial Services among others explained Mr Siddaramaiah the need to operate repatriation flights from Saudi Arabia to Mangaluru and Bengaluru. 

They said among the thousands of stranded Kannadigas in Saudi Arabia there are a large number of pregnant women, elderly people, patients who need immediate medical attention. 

They urged Siddaramaiah to exert pressure on the chief minister of Karnataka B S Yediyurappa and union ministers to arrange repatriation flights in the current schedule of Vande Bharat Mission itself. 

Siddaramaiah assured to take up the issue with the chief minister and other authorities concerned.

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News Network
June 2,2020

Bengaluru, Jun 2: Karnataka Chief Minister B S Yediyurappa on Monday claimed 70 per cent of the people of the country want Narendra Modi to not only complete the current term, but also want him as the Prime Minister for the next term.

He also called PM Modi "iron leader" for scrapping Article 370 that terminated special status to Jammu and Kashmir.

"70 per cent of the people of this nation want Narendra Modiji not only to complete this term, but also want him as the Prime Minister for the next term, so that he can find solution to the problems faced by this country. This is the aspiration of the young India," he said.

Mr Yediyurappa said PM Modi has successfully completed one year of the second term and the country is surging ahead in the path of progress under his "exceptional and far-sighted leadership."

"The Prime Minister is leading the country forward towards development with his Sab Ka Saath, Sab Ka Vikas, Sab Ka Vishwas principle and inclusive schemes," he said, adding that PM Modi is spearheading the cause of building a "strong and self-reliant Bharath."

Speaking to reporters in the backdrop of the one year of the Modi government''s second term in office, the chief minister said Modi is recognised as an exceptional leader not only in India, but also at the global level, through his mantra - Vasudaiva Kutumbakam.

Mr Yediyurappa termed the PM "iron leader" for scrapping Article 370 that terminated special status to Jammu and Kashmir, and formation of Jammu- Kashmir and Ladakh as Union Territories.

He listed the key decisions of the BJP-led central government such as banning the practice of triple talaq among Muslims, the Vande Bharath Mission, the Citizenship Amendment Act, one country-one ration card scheme, new Motor Vehicle Act, besides also "finding solution to Ram Mandir issue" , among others.

Mr Yediyurappa said PM Modi's decision has played a decisive role in dealing with the COVID-19 situation in India. He has competently handled a huge challenge of combating the coronavirus in a country with a population of 130 crore.

"He implemented the most stringent lockdown restrictions in the world to control the spread of COVID-19 and achieved remarkable success," he said, and lauded the Rs 20 lakh crore package that has been announced to revive the economy amid the pandemic.

"Modiji also supported the State during the devastating floods last year.....the state government is determined to develop Karnataka deriving inspiration from our Prime Minister''s efficiency."

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News Network
March 25,2020

Thiruvananthapuram, Mar 25: Kerala Chief Minister Pinarayi Vijayan on Tuesday said that strict action will be taken against overpricing and hoarding of essential items during lockdown period in the state.
Speaking to media persons here, he said: "Today 14 new cases of COVID-19 have been reported taking the total number of cases to 105 (excluding four discharged) in the state."
"Out of this, six are from Kasaragod district, two from Kozhikode, eight have returned from Dubai, one each from Qatar and UK; and three have got infected from a mutual contact. One health worker is also suspected to be on the list," he said.
A total of 72,460 people are under observation in the state out of which 71,994 are in isolation in their homes and 466 in hospitals. Today 164 people were hospitalised. 4,516 samples were sent for testing out of which 3,331 have tested negative.
Chief Minister Vijayan said that people should take the lockdown seriously and strictly adhere to government instructions.
"All personal vehicles should strictly be off the road. Taxis and autos can only be used for emergency purposes. People using personal vehicles should give self-declaration giving details about the purpose of the journey. Police action will be taken against those giving false information or found misusing personal vehicles," he said.
The Chief Minister today interacted with the MLAs from Kasargod through audio conferencing and asked them to co-ordinate the activities there along with the Panchayat president.
"Special attention should be given to the elderly, homeless, specially-abled in the state and local self-government institutions should take effort to arrange food and shelter for the needy. Apart from medicines, those in isolation would also be given counselling if required," he said.
He also urged the youth to come forward in volunteering during this difficult time. They can volunteer as bystanders in hospitals and help in other places too.
The Chief Minister also informed that the testing facilities at Central Universities in Kerala, IISER in Trivandrum and MIMS, Kozhikode can be used.
"All MLAs are working in their respective constituencies and they should make the effort to identify places that can be used as regional isolation centres, as and when required," said Vijayan.

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