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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Media Release
April 16,2020

Dammam: President of Indian Social Forum, Eastern Province Mr.Wasim Rabbani urged immediate intervention of Indian government to help Non Residential Indians who are in trouble due to corona pandemic in Saudi Arabia.

He said in a press rease that expatriate Indians are in concern  as number of corona infected people and  deaths are increasing in danger level.

Hea said, "the Saudi health minister's statement a few days ago indicates that the situation in Saudi needs to be taken more seriously with precautionary methods. There are concerns among expatriates because the number of people infected with the coronavirus and the number of deaths reported in various provinces are increasing at an alarming rate."

"Saudi Government and Health Ministry are taking excellent precautionary measures, however, in the coming days expect to see the number of cases to increase in Saudi Arabia. The Indian government needs to take diplomatic and immediate intervention to ensure the treatment of Indian expatriates considering the number of effected people increasing", He said.

He also urged that the Embassy and the Government of India should ensure qaurantiane faculty for Indian expatriates and arrange special low cost flights to bring back expatriates who would like to return home country.

" Government of India and Indian embassy need to intervene immediately to ensure that the quarantine system is in place for Indian expatriates as the facilities in the rooms where the residents are staying together are very limited. There should also be a mechanism to organize low-cost flight services for expatriates who are ready to go home. The government system should also be able to accommodate the expatriates in special quarantine areas in hometown as soon they arrive in India", he urged.

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News Network
January 25,2020

Mangaluru, Jan 25: Orange vendor Harekala Hajabba, popularly known as 'Akshara Santha' (the saint of alphabets), who went on to build a school at Newpadpu village on the city’s outskirts in 1999 is among this year’s Padma Shri awardees.

When Hajabba received the call on being nominated for the award, he was standing in a queue to buy rations.

As he is not fluent in Hindi, Hajabba handed over the phone to an auto driver, who conveyed the news that the Padma Shri award will be conferred on him.

The unlettered achiever set up a primary school from his meagre savings of Rs 150 per day,  selling oranges in Mangaluru. 

“The first time I felt bad for being an illiterate was when a foreigner enquired about the price of oranges in English. I did not know what he meant. So, I decided to start a school in my village,” Hajabba had said during a felicitation programme.

When Hajabba decided to start a school, he did not get any support. He started the school with 28 children.

The school today has been upgraded to a composite high school and is catering to the educational needs of hundreds of children in and around Newpadpu.

He ran from pillar to post in the Zilla Panchayat to make his dream come true. All cash awards he had received went into building the school. The United Christians Association, moved by the sight of his dilapidated house, built a 760-square-foot house costing Rs 15 lakh for him. 

Hajabba’s life was prescribed for the syllabus of three universities - Davangere, Kuvempu and Mangalore. His success story is also included in a Tulu textbook.

He won the Karnataka Rajyotsava award in 2013, Real Heroes award from TV channel CNN-IBN.

Hajabba, when contacted, said he could not believe his ears when told about the award.

New dreams

The frail vendor, in his 60s, humbly declared that he could achieve all this because of the support of all. Hajabba now dreams of upgrading the school into a full-fledged PU college.

Comments

Meethal Kasaragod
 - 
Sunday, 26 Jan 2020

A big Salute to him!

Great effort,

fairman
 - 
Sunday, 26 Jan 2020

Where there is will, there is way

May God help him.

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News Network
April 27,2020

New Delhi, Apr 27: Indian prime minister Narendra Modi has said the monthlong ongoing lockdown has yielded positive results and that the country has managed to save “thousands of lives”.

Modi, who had a videoconference with various heads of the states on Monday, said the impact of the coronavirus, however, will remain visible in the coming months, according to a press statement released by his office. On the issue of getting back Indians who are overseas, the Prime Minister said that this has to be done keeping in mind the fact that they don’t get inconvenienced and their families are not under any risk.

During the meeting with state heads, Modi advocated for social distancing of at least 6 feet and the use of face masks as a rapid response to tackle COVID-19.

He said that states should put their efforts of converting hotspots, or red zones, into “orange and thereafter green zones”.

India last week eased the lockdown by allowing shops to reopen and manufacturing and farming activities to resume in rural areas to help millions of poor, daily-wage earners. But the economic costs of the nationwide lockdown continue to mount in a country of 1.3 billion people.

Modi, who put India under a strict lockdown on March 25, did not say if the lockdown restrictions will extend after May 3.

India has confirmed over 27,000 cases of the coronavirus, including 872 deaths.

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