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 21,2020

Bengaluru, Feb 21: Amulya Leona, a college student, who raised to pro-Pakistan slogans to embarrass organisers of a protest against the Citizenship (Amendment) Act (CAA) here on Thursday evening, has been charged with sedition.

The student-activist, who was allowed to talk on stage, suddenly raised pro-Pakistan slogans. She was arrested by police after All India Majlis-e-Ittehadul Muslimeen (AIMIM) chief Asaduddin Owaisi snatched her mike.

Deputy Commissioner of Police Ramesh Bannoth confirmed the girl has been charged with sedition, provoking enmity between groups, and intentional insult to provoke breach of peace.

It was just after Mr. Owaisi’s arrival on the stage at Freedom Park here that the 19-year-old student was asked to speak. After preliminary remarks, she suddenly shouted “Pakistan zindabad” thrice, leaving the crowd and organisers stunned.

Some of the organisers rushed to her and tried to take the mike away and stop her from speaking further. Mr. Owaisi too joined in and snatched the mike. Holding on to the mike, the girl then went on to shout “Hindustan zindabad” twice, before a posse of police personnel and organisers whisked her away from the stage

Soon after the student was taken away, a visibly upset Mr. Owaisi told the crowd: “Whatever has been spoken [by the girl] is wrong. Neither my party nor I has any connection with it. As long as we are alive, we will be raising Bharat zindabad slogans. Never had we any relationship with Pakistan nor will we have anything in future,” he announced.

He further stated: “This is condemnable. The organisers should not have invited such people to this place. If I had known that these kind of things would be said here, I would not have come here.”

It is unfortunate that the organisers have invited such people and a wrong message is going out, he said. “Now, BJP has got an opportunity and will blame me,” he added.

Every speaker, who took the podium after the incident, condemned the pro-Pakistan slogans raised by Amulya.

Janata Dal (S) councillor representing Gurappanapalya, Imran Pasha, one of the organisers of the protest under “Hindu, Muslim, Sikh, Isayi Federation”, claimed that they had not invited the “activist” and were not aware that she would be speaking from the stage. Mr. Pasha said that such statements were “a deliberate attempt to drive a wedge between Hindus and Muslims”.

Meanwhile, the BJP State unit tweeted, “Truth is that protests against CAA are a joint venture between Pakistan and anti-National forces led by INC India.” In a press release, BJP State unit president Nalin Kumar Kateel termed this as an “anti-national act” and urged the police to take action.

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News Network
March 31,2020

Patna, Mar 31: In arguably the first of its kind incident in the country, a young man in Bihar was beaten to death precisely because he had informed the district control room about two corona suspects who had arrived here in the State from Mumbai.

The incident took place in Sitamarhi in North Bihar where a 20-year-old youth Bablu Kumar was allegedly killed by Sudhir Mahto and Munna Mahto.

The two Mahtos had arrived from Mumbai to Sitamarhi around ten days back. Bablu, in the meantime, informed the district control room about the arrival of two persons from a State where a large number of people were afflicted with coronavirus.

A team of doctors on March 24 reached Runnisaidpur in Sitamarhi to examine the two suspects. Three days later, these two persons from Maharashtra tested negative.

But the incident (of informing control room and subsequent medial test) created such enmity between the family of Mahtos and Babloo that on Sunday when they found the 20-year-old young man sitting alone, they thrashed him so mercilessly that he died on the spot.

Shocked and grief-struck, Babloo’s father Vinod Singh eventually lodged an FIR with the police and named Sudhir Mahto, Munna Mahto, and their family members as accused in the killing of his son.

The police on Monday raided the place and arrested the Mahtos.

But then, this is not an isolated case of violence. In another incident that took place in Bihar’s Jehanabad district, a BDO Ajay Kumar and a police officer Chandrashekhar Kumar were attacked by fellow villagers when the officials reached there to quarantine those migrants who had reached there from Delhi. So angry were the villagers with the officials’ move to isolate the migrants that they smashed the window-panes of the government vehicles and attacked the officials.

The officials had to beat a hasty retreat. But they soon returned with additional police team which used brutal force and took local leaders into custody before restoring normalcy in the area.

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News Network
March 23,2020

Mangaluru, Mar 23: As many as 600 people who arrived from foreign countries are under the surveillance of the district police in the Dakshina Kannada, as a measure to contain the spread of Covid-19, said Superintendent of Police B M Laxmi Prasad on Monday.

The police personnel are visiting their houses in Dakshina Kannada police jurisdiction. They have been asked to remain quarantined at home for 14 days."We have appealed to the local residents to tip the police if they violate the quarantine period,"he added.

Talking to newsmen here, he said that all the roads in border areas connecting Kerala had been closed, the police have strengthened security in border areas. Please log in to get detailed story.

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