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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coastaldigest.com news network
May 17,2020

Bengaluru, May 17: Amidst mounting demand form Kannadigas across the world for repatriation flights in the wake of covid-19 lockdown, Dr Arathi Krishna, former Deputy Chairman of the NRI Forum of Karnataka government, has written to Hardeep Singh Puri Minister of Civil Aviation to operate more special flights to Gulf repatriate Kannadigas from gulf countries. 

Dr Arathi Krishna’s first request in the letter was to add flights from Kuwait, Bahrain and Jeddah to Bengaluru as many (from Karnataka) are stranded in these cities in precarious situations.

In addition, she also requested for a couple of flights from Dammam and Riyadh to Bengaluru as there are more than 3780 Kannadigas registered to return from Saudi Arabia and members of Bearys Chamber of Commerce and Industry are requesting the same. Any number of flights from Dubai to Bengaluru and Mangaluru will also help the stranded people, the letter stated. 

“Old and sick people, pregnant women and others are in urgent need to connect with the world are looking up to you for getting flights from different comers of the world. Indian communities are hopeful that you will use your position to help them to get the much needed mobility at this time,” the letter stated. 

She also said that the people in Karnataka are grateful to you (Mr Hardeep Singh Puri) for adding two flights from Dubai to Bengaluru in the last two schedules and one flight each from Riyadh, Dammam, Muscat and Doha.

Dr Arathi Krishna is currently serving as the Chairman of the NRI Cell of Karnataka Pradesh Congress Committee and Secretary of Indian Overseas Congress.

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coastaldigest.com news network
May 19,2020

Bengaluru, May 19: Karnataka on Tuesday recorded the highest single-day rise in the COVID-19 cases in the state as a whooping 149 people tested positive for the virus. With the spike in new cases, the overall tally has risen to 1,395.

This is for the first time the state recorded 100 plus cases in a single day. So far, 40 people have also succumbed to the virus including three deaths today. 

The new deaths consist of a 61-year-old male patient, a resident of Ballari; a 65-year-old male patient, a resident of Vijayapura; and a 54-year-old male patient from Bengaluru.

Among the new cases, a maximum of 71 are reported from Mandya, followed by 22 in Davanagere, 10 in Shivamogga, 13 in Kalaburgi, six in Bengaluru Urban, four each in Udupi and Uttara Kannada, five in Chikkamagaluru, three in Hassan and one each in Yadagiri, Chitradurga, Vijayapura, Gadag.

Most of the new cases are of the people who traveled to Mumbai in Maharashtra, Solapur, Ahmedabad, and Kerala.

The remaining are those who came in contact with the people who had tested positive earlier.

At present, 811 people are actively taking treatment, while 543 have been discharged after recovery.

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News Network
February 22,2020

Bengaluru, Feb 22: Karnataka legislative assembly speaker Vishweshwar Hegde Kageri has issued a notification banning entry of journalists in the Legislators House.

"Electronic media and print media cannot enter the Legislators House any time," the notification issued by the Speaker's office read.

The notification which was issued on February 18 said, "The legislators come to Legislators House from their constituencies during the assembly session. It is their private time when they stay there. When journalists come to Legislators House to meet them, it's an invasion of their privacy."

"Arrangements will be made for journalists to speak to MLAs outside the gate. No journalist or camera person will be allowed inside the gate," the notification added.

The Legislators House is located near the Vidhan Soudha, the state legislative assembly.

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