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
January 1,2020

Bengaluru, Jan 1: Former Karnataka Chief Minister and Leader of the Opposition Siddaramaiah on Wednesday slammed the Centre on the issue of fare hike announcement by Indian Railways.

"Increase in Train fares is a New Year gift by Narendra Modi government to common people," Siddaramaiah tweeted.

"This will further dent the developmental prospects as Railways form a backbone of Transportation. Instead, the govt should have gifted us the values of our Constitution by upholding it," he added.

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News Network
February 14,2020

Mysuru, Feb 14: Citing the coronavirus scare prevalent in the city, hotel owners have urged the civic corporation to shut down roadside food vends, calling them a risk to public health.

A team of the city Hotel Owners Association, led by president C Narayanagowda and honorary secretary Ravindra Bhat, met mayor Tasneem Bano and MCC commissioner Gurudatta Hegde on Tuesday and urged them to implement the high court’s ban on street food vending.

In a statement issued on Thursday, the association said it had raised the poor hygiene at such joints amid the coronavirus threat and increasing incidence of chikungunya and malaria in the city. There is no check on the ingredients or water used and the cleanliness of the kitchens and cooking staff, they pointed out. Many of the joints operate near drains and public urinals and don’t have running water for washing or cleaning utensils, they said. Besides, the vends dump unsegregated garbage and compromise pedestrian safety by blocking pavements, they alleged.

“As this involves the livelihood of the vendors, I will take a decision after discussions with the commissioner and elected representatives,” the mayor said while pointing out that MCC had issued identity cards to the vendors after collecting details about them and their stalls. She said the health and education standing committees would also be consulted.

Commissioner Hegde said MCC was planning to move the vendors to designated hawking zones to ensure their livelihood was not affected. He explained that any drive to remove the vends was fraught with law and order problems. “False cases have been filed against MCC officers whenever they conducted drives against footpath food vendors in non-hawking zones. We will consult with the city police commissioner before taking any steps,” he said.

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News Network
June 4,2020

New Delhi, Jun 4: The Supreme Court on Wednesday sought response from Prajwal Revanna, the grandson of former Prime Minister HD Deve Gowda, on a plea challenging his election in 2019 from Hassan Lok Sabha constituency as a joint candidate of the Janata Dal Secular and the Congress.

A bench of Chief Justice SA Bobde and Justices AS Bopanna and Hrishiksh Roy issued notice to the returned candidate from the high-profile constituency on an appeal challenging the Karnataka High Court's order by which an election petition against his win was dismissed.

In the proceedings held through video-conferencing, the top court issued notice and tagged the appeal filed by G Devarajegowda for hearing with other similar pending plea filed by the BJP candidate on the issue.

Mr Devarajegowda in the plea said that his election petition was dismissed by the High Court on "procedural irregularities". The plea said that Mr Prajwal had resorted to unfair and corrupt practices and his election should be set aside.

It said the High Court did not consider the fact that by dismissing the election petition, it was running a risk of having a representative in parliament who has not got the maximum number of valid votes.

The petitioner, an advocate by profession, sought a declaration of rival BJP candidate, A Manju, as the winner for having secured the maximum number of valid votes.

A separate appeal was earlier filed by Mr Manju against the High Court order and the top court had already issued notice to the retuned candidate on that.

Mr Manju had challenged the 2019 election of Mr Prajwal on the ground that there was allegedly non-disclosure of assets held by him in his election affidavit.

Mr Prajwal was declared winner with 6,76,606 votes. Mr Manju came first runner-up with 5,35,282 votes.

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