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
April 25,2020

Mangaluru, Apr 25: The Mangalore Refinery and Petrochemicals Limited (MRPL) has extended vital assistance to hundreds of migrant workers, destitute and needy families during the COVID-19 crisis through its CSR fund.

The lockdown has left thousands of people including migrant workers and destitute in the district, in the lurch. MRPL, using its corporate social responsibility fund through the Dakshina Kannada district administration, has sponsored 50,000 kg rice for the benefit of these needy citizens, a company release here said.

MRPL also donated grocery kits comprising boiled rice, dal, rava, sugar and tea to the needy families in the district, it said.

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News Network
June 28,2020

Bengaluru, Jun 28: Former Chief Minister and senior Congress leader Siddaramaiah asked the Karnataka government to release White Paper over the state of healthcare system and the government's preparedness to address COVID-19 pandemic.

He said that the State Government to come clean on the charges of misappropriation of large sums of funds in the name of fighting the COVID-19 pandemic in the state.

"People are extremely worried about the state of our healthcare system and the government's preparedness to address pandemic. It is the responsibility of Karnataka Chief Minister to clear the doubts and reduce the panic among people. I urge the government to #ReleaseWhitePaper about the same," the Congress leader tweeted.

Siddaramaiah said that the Chief Minister should let people know about the amount of money already spent to improve healthcare facilities, the number of beds and ventilators increased and about the supply of PPE kits to COVID-19 warriors.

"Karnataka Chief Minister should also reveal the contribution of PMO India to our state. Has Karnataka Chief Minister BS Yediyurappa demanded anything from Narendra Modi? How much of PM CARES Fund is spent for Karnataka's healthcare?" he asked in another tweet.

He went on to say that PMO India and Chief Minister of Karnataka "wasted crucial time during lockdown."

"The purpose of lockdown was to fill the gaps in health care system. But they just widened it by frequently changing the protocols and by not doing adequate tests," he said.

"Karnataka Chief Minister and other departments have failed to answer my multiple queries regarding the actions taken. As a leader of opposition, it is my right to question the government on behalf of people. Deliberate act of denying information is a breach of privilege. Government hospitals have reached its capacity and private hospitals are not ready to treat patients at capped prices," he wrote.

Siddaramaiah said that the Karnataka Chief Minister should either convince private players or take action against them, and added, "Not doing both is like pushing people off the cliff."

He tweeted, "The testing rates per day have come down in last 15 days even when the cases are rising. What is stopping the government from increasing the testing? The government is putting people at risk by not testing adequately."

Further attacking the state government, he wrote, "Our state needs 9000 ventilators, but we have only 1500, PMO India has sent 90 to us. Is this a joke to Karnataka Chief Minister and PMO India? #ReleaseWhitePaper about the ways that they plan to increase ventilators."

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News Network
May 26,2020

Bengaluru, May 26: The Karnataka high court has rejected bail to a software engineer who was arrested after his sarcastic Facebook post urged people to spread coronavirus by sneezing in public over two months ago.

Mujeeb Mohammed was sacked by Infosys from the post of senior software engineer after his arrest on March 29.

Justice KS Mudagal observed the investigating officer's report and the case diary prima facie show though Mujeeb was well educated and employed, he uploaded messages which are likely to cause disharmony and panic, and are hostile to humanity at a time when the world is facing the pandemic.

The judge noted that the records indicate Mujeeb has six bank accounts, stayed in Bahrain and Kuwait for some years, was influenced by religious fanatics and anti-national ideas and that he had shared a Pakistan WhatsApp number to someone over information about Islam. The National Investigation Agency is probing his links.

Mujeeb, who is in judicial custody now, has been booked under sections 153A, 505, 270 and 109 of IPC.

His counsel submitted the maximum punishment under 153 A of IPC (causing enmity) would be three years and for other offences, it's even less. He also stated the petitioner would abide by the conditions to be imposed by the court.

However, the government pleader said probe provided leads on the petitioner's links with unorganised terrorist groups and it has to be investigated further.

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