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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Agencies
March 14,2020

Bengaluru, Mar 14: Bus-stands and railway stations in this IT city wore a deserted look on Saturday and malls, cinemas, pubs and night clubs remained shut as part of the lockdown announced by the state government following the country's first coronavirus fatality reported from Karnataka on March 12.

Six people in Karnataka have contracted the virus including the 76-year-old man who died due to this disease from Kalaburagi in the state.

A day after chief minister B S Yediyurappa announced the shutdown for a week, the usual rush at the Central bus-stand was missing.

"Since yesterday there is slackness. Today again we are witnessing the same," a Bangalore Metropolitan Transport Corporation official told PTI.

The Karnataka State Road Transport Corporation, which runs inter-city and inter-state buses, too has seen a decline in its revenue.

"For the past five to six days we are seeing a drop of Rs 32 lakh to Rs 35 lakh in our daily revenue of Rs eight crore," Bengaluru divisional controller B T Prabhakar Reddy said.

On March 13, Yediyurappa issued instructions to stop all kinds of exhibitions, summer camps, conferences, fairs, marriage, sports and engagement events and birthday parties state-wide for a week from Saturday.

Business at pubs and aars have taken a hit due to the virus threat.

"Our businesses have suffered somewhere between 40 per cent and 70 per cent.

It is very difficult to cope with the situation," said Manu Chandra, Bengaluru chapter head of National Restaurant Association of India.

In Chitradurga district, the annual Rathayatra was cancelled whereas in Bengaluru, a temple displayed a board that it will not distribute any 'teertha' (holy water) or 'prasad' (offering) to devotees in view of the coronavirus scare.

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News Network
February 21,2020

Mysuru, Feb 21: Chief Minister B S Yediyurappa said Amulya Leona, who raised pro-Pakistan slogans, had links with Naxalites.

Yediyurappa said that Amulya's links with Naxalites have been proved in an investigation. "She must be punished and action will be taken against the people behind it," he said.

"Bail should not be given to Amulya. Her father has also said he won't protect her. Its proved now that she had contacts with Naxals. Proper punishment should be given," he added.

While speaking to reporters at Mysuru Airport, the chief minister said unless actions are taken against the organisations who provoke them to make such comments, it is not possible to control them.

Yediyurappa suspects that the incident was a conspiracy to disturb peace and harmony in the state.

Minister B C Patil said that such incidents should not repeat. "It appears that youths are misused for such anti-national activities, he said.

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News Network
April 24,2020

Bengaluru, Apr 24: Karnataka is likely to start Convalescent Plasma Therapy for COVID-19 patients, who are critical, from tomorrow, Medical Education Minister K Sudhakar said here on on Friday. "We have already got approval for Convalescent Plasma Therapy.

There is no need for any special permission for it....when I was in BMC (Bangalore Medical College) I spoke to We may probably start it for the first patient from tomorrow itself. The donor has also agreed," Sudhakar said.

Speaking to reporters here, he said the convalescent Plasma Therapy was only for patients who are critical, in Intensive Care Units or on ventilator. According to the latest update, five COVID-19 patients are in ICUs in the state.

After attending video conferencing by Union Health Minister Harsh Vardhan with health and medical education Ministers of all states, Sudhakar said the Minister lauded the good practices adopted by Karnataka in its fight against COVID-19 and asked to share the same with other states.

Responding to a question, he made it clear that COVID-19 is something that was not going to end by May 3 or by May end and like other viruses, would continue to exist. Sudhakar, who is leading the government's efforts against COVID-19 in Bengaluru and is in charge of the state war room, said many people are treating corona as a social stigma, which was not right.

There was no reason to get frightened about it as the infection can be cured, he said. "We have to take precautions so that it doesn't spread further....like fever, cold and cough- corona also can be cured... 97% people it can be cured, those with comorbidity and those above 60 years have to take some precautions. We have to bring in certain changes in our lifestyle and maintain social distancing," he added.

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