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 web desk
June 5,2020

Mangaluru, June 5: A local businessman was hacked to death while two of his relatives suffered critical injuries in a broad daylight attack by a group of miscreants at Mulki on the outskirts of the city today.

The victim has been identified as Abdul Lateef (38). He was proprieter of Align Gold, Moodbidri. His wife is an advocate in Moodbidri. 

Abdul Lateef's father-in-law Muneer and latter's son Hayat suffered stab injuries. They are undergoing treatment at a hospital in Mangaluru. 

The attack took place near the Vijaya Bank in Mulki. 

According to sources, a gang of miscreants stabbed all three. While Abudl Lateef succumbed to his injuries, the other two are responding to the treatment. 

Police have registered a case. Investigations are on. 

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News Network
March 30,2020

New Delhi, Mar 30: A Muslim woman from Jammu and Kashmir has donated her savings of Rs 5 lakh, meant for the Hajj pilgrimage, to the RSS-affiliated 'Sewa Bharati' after apparently being "impressed with the welfare work" done by the outfit amid the lockdown due to the novel coronavirus pandemic.

Khalida Begum, 87, who saved Rs 5 lakh for Hajj, was forced to defer her plans for the pilgrimage due to the lockdown.

Hajj is the annual Islamic pilgrimage to Mecca in Saudi Arabia, the holiest city of Muslims.

"Khalida Begum ji was impressed with the welfare work done by the Sewa Bharati in Jammu and Kashmir during the tough time the country is passing through due to sudden outbreak of COVID-19 and decided to donate Rs 5 lakh to the organisation," Arun Anand, head of RSS media wing Indraprastha Vishwa Samvad Kendra (IVSK), said.

The woman wants that this money should be used by the community service organisation Sewa Bharati for the poor and the needy in Jammu and Kashmir. She had saved this amount for performing Hajj, plans for which she deferred due to the present situation, Anand said.

"Khalida Begum ji was among the first few women in Jammu and Kashmir who got educated in a convent. She is the daughter-in-law of Colonel Peer Mohd Khan, who was president of the Jana Sangh," he said.

Jana Sangh was also an associate of RSS and later became the Bharatiya Janata Party.

Anand said despite her age, she had been very active in welfare works for the women and the downtrodden in Jammu and Kashmir. Her son, Farooq Khan, a retired IPS officer, is presently serving as an adviser to the Jammu and Kashmir Lieutenant Governor.

Meanwhile, since the lockdown was announced, Sewa Bharati volunteers across the country have been providing food and other essential items to the needy. The Sangh-affiliate's volunteers were seen on Saturday managing crowd and providing food to them at the Anand Vihar bus terminal in Delhi.

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News Network
June 3,2020

Bengaluru, Jun 3: Deputy Chief Minister CN Ashwath Narayan on Tuesday invited investors in the Electronics System and Design Manufacturing (ESDM) sector to Karnataka, as the state contributes 64 per cent to the sector's total exports from the nation.

During a video conference organised by Invest India for a few select states with leading ESDM players across the globe, Narayan said, "We are the largest chip design hub and home to 70 per cent of India's chip designers."

Karnataka has introduced industry-friendly policies from the beginning and it continues to be the leader in attracting technology-specific investments, he added.

"Karnataka has an estimated GSDP of almost USD 220 billion. We were the first to come out with IT, BT, ESDM, and AVGC (Animation, Visual Effects, Gaming, and Comics) policies to give a push to the growth of the technology sectors and innovation. We also have vibrant automobiles, agro, aerospace, textile and garment, and heavy engineering industries," Narayan explained.

"We have created sector-specific SEZs for key industries such as IT, biotechnology and engineering, food processing and aerospace,'' he said.

However, the state government is planning ahead as it has initiated talks with other countries.

"We have held multiple consultations with the private sector to seek inputs for returning to business as we ease the COVID-19 lockdown restrictions. We are also initiating dialogue with countries across the globe to understand future plans for their companies in the post COVID era and discuss how the Karnataka government can support that," the Deputy Chief Minister stated.

"Karnataka has attracted cumulative FDI inflows in the state from 2000 to 2019 which were recorded at USD 42.3 billion," he said.

Referring to the Karnataka ESDM policy 2017-2022, Narayan further said, "We aim to stimulate the growth of 2,000 ESDM start-ups during the policy period and create 20 lakh new jobs by 2025.

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