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

Ohhh....whats going on in india under name of democracy....

Strange. SC promoting adultery

Soon rape will be legalised..

No need of marriages and SC should legalise pornography. Should start pornography industry (just like other film industry) in India like US.

Rubbish. What is the point in marriage

Add new comment

Coastaldigest.com reserves the right to delete or block any comments.
Coastaldigset.com is not responsible for its readers’ comments.
Comments that are abusive, incendiary or irrelevant are strictly prohibited.
Please use a genuine email ID and provide your name to avoid reject.

First chartered from UAE to Mangaluru on June 1

News Network

May 30,2020

Mangalore, May 30: The first chartered flight to the city of Mangalore, Karnataka in South India is scheduled to depart from the Ras Al Khaimah airport of UAE on June 1.

The SpiceJet flight, chartered by Praveen Shetty, chairman of the Fortune Group of Hotels and president of the Karnataka non-Resident Indian Forum (KNRI), will repatriate 105 staff members of the hotel group, who have been placed on leave, according to a statement issued here on Saturday.

Consul General of India to Dubai Vipul confirmed the reports and said the flight, which will depart at 0945 hrs, will carry home a total of 180 passengers.

Comments

Add new comment

Coastaldigest.com reserves the right to delete or block any comments.
Coastaldigset.com is not responsible for its readers’ comments.
Comments that are abusive, incendiary or irrelevant are strictly prohibited.
Please use a genuine email ID and provide your name to avoid reject.

Budget shocker: Modi govt proposes tax on non-taxpaying NRIs

News Network

February 1,2020

New Delhi, Feb 1: The budget is a little more demanding of the non-resident Indian. Firstly, to be categorized a non-resident, an Indian now has to stay abroad for 240 days, against 182 previously. In other words, an Indian national, to claim the non-resident status, can’t stay in India for 120 days or more in a year.

“We've made changes in Income Tax Act where if an Indian citizen stays out of the country for more than 182 days, he becomes non-resident,” said Revenue Secy Ajay Bhushan Pandey. “Now in order to become non-resident, he has to stay out of the country for 240 days.”

The second rule is more deadly: a non-resident Indian, who is not taxed in the foreign country, will become taxable in India.

“If any Indian citizen is not a resident of any country in the world, he'll be deemed to be a resident of India and his worldwide income will be taxed,” said Pandey.

"It's a very big disadvantage for Indians residing overseas only to save on tax," said Dinesh Kanabar of Dhruva Advisors. He expects that many Indians stay abroad in countries, where the income tax is low or nil such as Dubai. Now they will be taxed in India if they are in the income tax bracket.

For Indians, finance minister Nirmala Sitharaman revised income tax rats and proposed new tax slabs.

The new income tax rates will, however, not allow exemptions under Section 80C. Home loan exemption, insurance exemptions, the standard deduction will also not stay under the regime.

"The new tax regime will be optional and the taxpayers will be given the choice to either remain in the old regime with exemptions and deductions or opt for the new reduced tax rate without those exemptions," Sitharaman said while unveiling Budget.

Comments

Good news NRIs vote for modi .

Add new comment

Coastaldigest.com reserves the right to delete or block any comments.
Coastaldigset.com is not responsible for its readers’ comments.
Comments that are abusive, incendiary or irrelevant are strictly prohibited.
Please use a genuine email ID and provide your name to avoid reject.

Karnataka records 122 new Covid-19 cases in 19 hours; total 2,405

coastaldigest.com news network

May 27,2020

Bengaluru, May 27: A 69-year-old woman from Yadgiri became the 45th COVID-19 related fatality in Karnataka, where 122 fresh cases have been reported, taking the total number of infections in the state to 2,405, the health department said on Wednesday.

With 45 deaths and 762 discharges, there are 1,596 active coronavirus cases in the state, the department said in its mid-day bulletin. It said, the deceased woman, a returnee from Maharashtra was brought dead to designated hospital in Yadgiri on May 20 and tested positive for COVID-19.

Fourteen patients have been discharged in the state so far on Wednesday. Of the 122 new cases, 108 are returnees from neighboring Maharashtra, three from Tamil Nadu, and one each from Uttar Pradesh, Gujarat, Madhya Pradesh, Kerala and Delhi. While two are returnees from foreign countries- one each from UAE and Nepal.

Remaining four cases are contact of patients earlier tested positive.

Among the districts where new cases were reported, Kalaburagi accounted for 28, Yadgiri 16, Hassan 15, Bidar 13, Dakshina Kannada 11, Udupi 9, Bengaluru Urban 6, five each from Uttara Kannada and Raichur, Belagavi 4, Chikkamagaluru 3, two each from Bengaluru Rural and Vijayapura, and one each from Ballari, Mandya and Tumakuru.