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
February 13,2020

Bengaluru, Feb 13: Karnataka Chief Minister BS Yediyurappa on Thursday said the government had initiated measures to implement the Sarojini Mahishi report as the 12-hour Karnataka bandh call by several pro-Kannada organisations under the banner of Karnataka Sanghatanegala Okkoota began on Thursday.

“Government always stood for Kannada and Kannadigas and initiated measures to implement the Sarojini Mahishi report,” Yediyurappa said. Meanwhile, in Bengaluru, Ola, Uber and auto services were affected even though buses were plying as usual. Security has also been beefed up in Bengaluru after stones were pelted at a Tirupati-Mangaluru bus in Farangipet, though no one was injured.

Bangalore University has postponed all postgraduate (PG) exams scheduled for today. A pro-Kannada activist, Praveen Shetty, was kept under house arrest and police have detained a few people, including those involved in Cauvery protests and other bandh cases.

The organisations are demanding the implementation of a report by former union minister Sarojini Mahishi that recommends a certain percentage of jobs to Kannadigas in public sector undertakings, private companies, and multinational companies. The report was submitted in 1984 but is yet to be implemented.

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News Network
January 24,2020

Bengaluru, Jan 24: The JD(S) is looking to leverage anti-Citizen (Amendment) Act (CAA), National Register of Citizens (NRC) and National Population Register (NPR) sentiment sweeping the country to revive itself and will hold protests in Bengaluru and New Delhi.

The Bengaluru protest is scheduled for Friday. At a meeting of party workers in Bengaluru on Thursday, party patriarch HD Deve Gowda and former chief minister HD Kumaraswamy urged the rank and file to participate in the rally to send out a loud and clear message to the BJP.

"The BJP has set out to make Muslims second-grade citizens. India has 40 crore Muslims, can these communal forces eliminate them all?" Gowda said in his address. "We should have the guts to launch a massive protest at Jantar Mantar. We should be prepared to go to jail in the fight against [Prime Minister] Narendra Modi and [Union home minister] Amit Shah."

Gowda said he will lead the rally in Delhi and urged secular parties to unite to take on the BJP. "It is important that regional parties, which share a secular ideology, unite on a common agenda and fight the BJP. Bihar, Kerala and Odisha have said they will not implement CAA. The sentiment is likely to spread to other states," Gowda said.

Kumaraswamy said not only Muslims but many other communities will also bear the brunt of BJP’s "divisive politics". "This pair of Hakka-Bukka [Modi and Shah] is not targeting Muslims alone," he said. "For them, all communities other than upper caste Hindus are inferior Shudras. They will treat even Lingayats, Vokkaligas and Dalits with the same contempt."

The former CM made a special appeal to Lingayats, who generally back the BJP, to stop supporting the saffron party’s caste-oriented politics. "You had appreciated my farm loan waiver scheme and promised support in the elections. But, the results were contrary to that," he said.

The JD(S) passed three resolutions including one to condemn the Centre for enacting CAA. The others were to protest against the Centre’s indifference to the floods in the state and the failed economic policy of the Centre.

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News Network
January 18,2020

Bengaluru, Jan 18: The Karnataka state government has reportedly initiated the process to ban organizations like Popular Front of India (PFI).

State Home Minister Basavaraj Bommai on Friday evening said that instructions have been given to the police and officers concerned to gather information about the activities of such organisations so that necessary inputs can be sent to the Center.

He made it clear that the action would not be limited against PFI and SDFI (Social Democratic Front of India), rather any organisation which is involved in such activities, would meet the same fate.

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