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 25,2020

Feb 25: Two Customs Preventive officers allegedly involved in gold smuggling cases in Kerala were removed from service, a top official said in Kochi on Monday.

Sumit Kumar, Commissioner of Customs (Preventive), Kochi, said that he took action against Radhakrishnan B, Superintendent of Customs, and Rahul, Inspector of Customs, who were allegedly involved in gold smuggling cases in the state.

Radhakrishnan was involved in attempted smuggling of gold weighing 24998.61 grams having a market value of over Rs 8 crore through Thiruvananthapuram international airport on May 13, 2019, Kumar said.

Rahul was involved in attempted smuggling of gold weighing 11,035.54 grams valued at over Rs 4 crore through international airport on August 19, 2019, the Customs Commissioner added.

Radhakrishnan is currently lodged in Central prison, Thiruvananthapuram after the Central Economic Intelligence Bureau under the Union Finance Ministry issued detention order under COFEPOSA (Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974).

Rahul, against whom detention order under COFEPOSA was issued, is absconding.

"Two Customs officers of the Customs Preventive Commissionerate, Kochi, who were involved in gold smuggling cases were removed from service by Sumit Kumar, Commissioner of Customs (Preventive), Cochin," an official release said.

Kumar said that both the cases were booked and investigated by the Directorate of Revenue Intelligence and while show cause notice under Customs Act 1962 has been issued against Radhakrishnan, investigation is under progress in the other case.

"Both the officers were removed from service, after due process of law under Rule 19 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965," the release said.

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News Network
February 23,2020

Mysuru, Feb 23: A Quarantine station for rescued wild animals for rehabilitation will soon come up at Chamundi Animal Conservation, Rescue and Rehabilitation Centre at Koorgalli, an independent facility developed by the Mysuru Zoo on the outskirts of the City of Palaces and it complies with the recommended quarantine procedures followed globally by Zoological gardens.

The work on the construction was expected to start soon as the tender process had been under progress.

The Zoo was using its own funds to develop the facility for multiple animal species and to ensure that no infections from the wild animals were spread to the healthy animals already in captivity since many years.

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coastaldigest.com news network
January 23,2020

Bengaluru, Jan 23: Expressing shock over the blast which left him and his supporters injured yesterday, Shantinagar MLA NA Haris today said that the incident cannot be brushed aside as a firecracker blast and appealed to the state government to inquire into the incident.

Recovering from the injuries sustained on his leg, Haris was discharged from St Philomena's Hospital on Thursday afternoon. 

Interacting with mediapersons outside his residence in Shantinagar, Haris said, “It wasn’t a cracker but a ball-like object that was hurled at me. Since my childhood, I have been seeing crackers and the object that was thrown at me was certainly not a cracker. It had splinters and hard objects.”

He said, “I have been representing the constituency for over 12-years and had no rivalry with anyone. Barring political ideology during elections, all the leaders in our constituency have been cooperative with each other. Yet, we do not know what the intention was or who was behind the incident.”

Revealing that home minister Basavaraj Bommai had called him to enquire about his condition at the hospital Haris said, “I have also briefed the home minister and explained to him what exactly happened. I have full faith in the police and will cooperate with the police during the investigation.” Haris said that doctors have advised him three to four-days of rest.

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