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

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Learning to live with corona: Schools in Karnataka likely to reopen on July 1

coastaldigest.com news network

May 27,2020

Bengaluru, May 27: Amidst helpless calls for learning to live with coronavirus and make a new beginning, the government of Karnataka is considering to reopen schools in the state from July 1.

Primary Education Minister S Suresh Kumar discussed the issue with the officials from the department at a meeting held on Tuesday.

The expert committee in its report submitted to the Union Ministry for Human Resource Development recommended reopening of schools on July 1. The state department of primary and secondary education also discussed the issue.

However, no decision has been taken yet and final decision is expected to out in a day or two. A source said that since the timetable for SSLC examination had been published and the lockdown was expected to be lifted after May 31, it had been planned to reopen the schools on July 1.

Following the recent representation by several academicians and social activists urging to cancel SSLC exams, the primary education minister met chief minister and briefed him about preparations for the safe conduct of exams.

“As of now there will not be any changes in SSLC exam schedule. We have reviewed the situation and preparations are underway for ensuring safety of children,” the source added.

The report submitted by Nimhans about online education is yet to reach the secretariat.

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Muslim Committee drops Jan 4 anti-CAA protest plan as cops refuse permission

coastaldigest.com web desk

January 2,2020

Mangaluru, Jan 2: The Muslim Central Committee of Dakshina Kannada and Udupi has dropped its plan to stage a massive protest against the contentious Citizenship (Amendment) Act and National Register of Citizens on January 4 at Mangaluru’s Nehru Maidan.

Addressing a press conference here today, committee chief K S Mohammed Masood made this announcement.

“All the 28 organisations that had decided to stage protest under the leadership of the Muslim Central Committee, have unanimously agreed to temporarily cancel the protest plan after the city police refused permission for the event,” he said.

Mr Masood requested the people, especially the youth, not to lose patience. “No one should head to Nehru Maidan on January 4 as Muslim leaders have unanimously decided to cancel the protest,” he urged.

S M Rasheed Haji, Y Abdulla Kunhi, Umar UH, Ibrahim Kodichal, B M Mumtaz Ali, Khasim H K, Mansoor Ahmed Azad and Asif Deals were present in the press meet.

Comments

Muslim organisations felicitate State BJP Chief Nalin Kumar

I want to know from them wat was the need for this. Has this helped the ordinary Mangalore Muslims in anyway. I would not have asked abt this if the program was conducted in your house. But here it is done in the name of Muslims. We need to stop being intellectually dishonest

Young energetic Muslim brothers present in Dk ,please note we need young leaders to lead us . Wake up ... and take over .

We respect ur decision sir.

But there are a lot of questions about it on people's mind.

We need to be updated about ur next plan of action.

Are u planning to approach the court for gaining the permission from the police, bcoz otherwise I don't think we will get the permission

Secondly, a few days back I wanted to contact Muslim central committee office to confirm if the protest Wil be there. I googled for the no, but the no. did not exist. Does that mean the Muslim central committee does not have an office or telephone no????

This only shows how organised we are.

Requesting Muslim central committee to get their house in order. Get more professional. Also consult people to utilise various platform to responsibly collect funds from so many ordinary bearys who want to donate money, but don't know whom to send it to.

We need an action committee to handle such situations. It must consist a battery of lawyers to fight the cases filed by the police.

If our leaders are old, they need to groom new leaders into the committee.

Moreover, it is important to question these so called leaders about their fecilitation program conducted for making kateel wen he won the election. Wat was the purpose of such fecilitation. Becoz I don't think he gives a damn when our community suffered. I question, whether all this is done in our name only to gain your contact and flourish ur business???

Never ever dare to do so in the name of Muslims

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Markets continue to attract crowds in Mangaluru

News Network

April 1,2020

Mangaluru, Apr 1: The rush for purchase of essential commodities has eased in several places in Dakshina Kannada with the relaxation of lockdown from Wednesday between 7 am and 12 noon by the district administration. However, a few markets in Mangaluru still had queues in front of vegetable shops on Wednesday.

Vegetable shops and markets in Mallikatte, Kadri, Bejai-Kapikad, Urwastore, Mannagudda and Carstreet areas were crowded with people violating social distancing norms due to the coronavirus crisis.

To avoid swelling of crowds at Central Market in Mangaluru, the market was opened only for wholesalers to collect vegetables. The entry of public to Central Market was prohibited.

MCC Commissioner Ajith Kumar Hegde Shanady said that retail sale is prohibited at Central Market.

The Surathkal market too has been closed from April and traders from the market are allowed to sell essential commodities at alternative locations from 7 am to 12 noon.

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