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
March 31,2020

Thiruvananthapuram, Mar 31: The Kerala government

on Tuesday rejected concerns of community spread of novel coronavirus in the state in the wake of the second death of a patient here who had no travel history or reported contact with any infected person.

Setting aside the concern, Health Minister K K Shylaja said the deceased man, a native of nearby Pothancode, was already suffering from several other health issues including high blood pressure.

The 68-yearold man died at the government medical college here, taking the total number of COVID-19 deaths in Kerala to two, the government said.

"We have got information that the deceased man had come in contact with some persons arrived from the Gulf. As he was very sick and was not in a position to speak, we could not collect details from him directly," she told reporters here.

"So we had to collect such details from his relatives now. As per preliminary assessment, it was a case of contact spread. So, as of now, there is no need to get panic about the community spread," she said

The possibility of death was high among patients, aged above 60 years and suffering from other diseases like heart ailments or diabetics, she said.

"That's why we are giving strict directions to the elderly people to remain in homes and avoid contact with infected persons, " the minister said.

However, the minister directed those came in contact with the deceased person to remain in self-quarantine and inform the authorities if they developed any infection symptoms.

In both the coronavirus deaths in the state, the deceased persons were aged and were suffering from other diseases, she added.

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News Network
March 16,2020

Mangaluru, Mar 16: As a precaution against the spread of Covid-19, the Karnataka State Road Transport Corporation (KSRTC) on Monday decided to cut down its premium, non-AC sleeper, Rajahamsa and express bus services from Mangaluru to Bengaluru and Kasaragod following poor patronage.

The cut down in services is as per the direction of KSRTC's Central office that wants bus services to be operated on priority.

KSRTC Mangaluru Divisional Controller S N Arun said that the corporation has decided to cut down 40 trips to Bengaluru. Concerning Kasaragod, it has reduced the number of trips from 40 to 35. "These include a reduction in services to Mysuru and Dharmasthala also," he added.

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News Network
June 14,2020

Mangaluru, June 14: Private schools under the aegis of Association of English Medium Schools in Dakshina Kannada and Udupi urged the State government to reimburse the arrears of the fee related to admission of students under the Right to Education (RTE) Act.

Speaking to newsmen here on Sunday association president Y. Mohammed Beary said the State government has not cleared the arrears for the last two years. “The 400 private schools in two districts have to get around Rs 2 crore,” he said and added that the overall arrears that the government has to pay to schools in the State are around Rs1,200 crore.

Mr. Beary said arrears have made the school managements like his, who collect annual fees of about Rs 20,000 from a student, hard to function. Due to lockdown from March the schools could not conduct annual examinations and hence they could not collect pending fees from parents.

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