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 7,2020

Bengaluru, Jul 7: Former Health minister and Congress MLA UT Khader has alleged that the state government has purchased coronavirus equipment for more than twice the actual price.

"Rs 500 sanitizers have been purchased for Rs 900 and Rs 9,000 has been paid to Rs 1200 for the thermal metre by the government. Instead of asking to allow him to work, Mr B Sriramulu, being health minister he must work for the people," he said.

He said that three months have passed since the pandemic started but the state government is still struggling to send ambulances to needy patients.

"Instead of ambulance it is sending final rights vehicle to needy people," Khader said.

According to the Ministry of Health and Family Welfare, there are 23,474 coronavirus cases in Karnataka including 13,255 and 372 deaths.

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News Network
March 11,2020

Bengaluru, Mar 11: Jyotiraditya Scindia has not betrayed the Congress, but he has been betrayed by the Congress and Kamal Nath, said on Wednesday Madhya Pradesh Congress MLAs who are camping here after tendering the resignations.

"It is not Jyotraditya Scindia who has betrayed. Instead, he has been betrayed by the Congress and Kamal Nath. Despite the fact that it was his hard work that enabled Congress to form the government in MP after 15 years, yet he was being sidelined. His people were sidelined," Mahendra Singh Sisodia was heard saying in a video.

Taking a veiled jibe at Chief Minister Nath, Sisodia said: "On one hand, you claim that treasury is empty and on the other, works worth Rs 12,000 crore is done in Chhindwara constituency. Are the rest of MLAs and ministers just killing time?"

He also warned other Congress MLAs that the party would be decimated in the state in the future.

"Did not the Congress trick people in MP? What happened to the farm loan waiver announced? When we go to our region, people ask us what happened to loan-waiver.
What happened to curb corruption, Vyapam? Whichever party Scindia joins, we will go with him," he said.

Former MP Minister Imarti Devi said that all 22 MLAs are in Bengaluru out of their own choice.

"All 22 MLAs are here (in Bengaluru) on their own will. We are happy Scindiaji has taken this decision. I will always stay with him even if I had to jump in a well. Kamal Nathji never heard us," she said.

Another leader dismissed talks of being in touch with anyone and said that they are happy with the decision of Scindia, who joined the BJP earlier today. He had resigned from the Congress on Tuesday.

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News Network
July 22,2020

Bengaluru, Jul 22: On Wednesday morning starlet and Bigg Boss 3 contestant Jayashree Ramaiah sent social media into a tizzy with an update that read, “I quit. Goodbye to this f*****g world and depression.” Friends and acquaintances immediately began reaching out to the actor asking her to return their concerned calls and desist from taking any extreme steps.

“Jayashree has been battling depression for a while now. She had family issues and was also concerned about the lack of work,” shares actor Ashvithi Shetty. The Ramachari twins were in touch with Jayashree since they met at a celebrity cricket match four years ago. “She has shared several times about how low she’s been and I would try to cheer her up. But the problem was that she’d keep changing her phone number so often that it became difficult to keep track of how she was doing,” states Ashvithi.

Around four months ago, Jayashree moved into her own home and mentioned to her that she was happy with this new development in her life. “But she went retreated again and a few days ago, I messaged her on social media and she said she was doing fine. So I was shocked to see this update on Wednesday morning,” avers the actor. Repeated calls finally elicited a message from Jayashree that she was getting admitted to the hospital. “But I also got contradictory information that she had been discharged and had been taken to the hospital again but she was refusing to go inside. I am awaiting more clarity on the issue,” sums up Ashvithi.

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