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 2,2020

Bengaluru, Jan 2: Accusing Prime Minister Narendra Modi of "neglecting" Karnataka ahead of his visit on Thursday, the state Congress questioned why he did not give adequate relief and pay a visit to the state, when most of its parts were affected by severe floods last year.

Modi will begin his two-day visit to the state on Thursday afternoon.

The Congress' Karnataka unit in a series of tweets also questioned the Prime Minister about not conferring the "Bharat Ratna" on Shivakumara Swamiji of Siddaganga Math, who passed away last year at the age of 111 years.

"Why you did not visit the state, when it was affected by floods? Despite the damage of over Rs 1 lakh crore why you did not declare it as a national disaster? Why you did not give interim relief? When the state government has given a report that the damage caused was to the tune of Rs 35,300 crore why did you sit quiet by giving just Rs 1,200 crore," the state Congress tweeted.

As many as 103 taluks in 22 districts of Karnataka were affected due to unprecedented floods in August, in which over 80 people were killed.

Around seven lakh people were shifted to safe areas during the deluge and thousands of houses were damaged.

In October, various parts of the state faced a deluge for the second time in two months, killing over 13 people and damaging thousands of houses.

Asking as to why the Centre was not giving the state's share of GST amount adequately, the Congress questioned as to why dues under MNREGA programme were not paid so far, and why Karnataka was being neglected while allocating grants.

Questioning Modi as to why he did not visit Tumakuru when Shivakumara Swamiji of Siddaganga Math passed away, the principal opposition party in the state Assembly, also sought to know why the seer was not conferred with the Bharat Ratna yet.

It also pointed out that former Chief Minister Siddaramaiah had written a letter in this regard in January 2018.

The Congress has also hit out at the BJP-led Central government over imposition of Hindi language by neglecting regional languages and mother tongue.

The Prime Minister will kickstart his visit to the state by paying tributes to the late pontiff's 'Gadduge' (final resting place) at the Math premises near Tumakuru.

Later, he will attend an event organised to give away Krishi Karman awards and to distribute fishing equipment at the government college ground in Tumakuru, before leaving for Bengaluru where he will be attending a DRDO event.

On Friday he will be inaugurating 107th Indian Science Congress here.

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News Network
February 23,2020

Mangaluru, Feb 23: Karnataka Minister for Fisheries and Religious Endowment Kota Shrinivas Poojari on Sunday said that there will be no shortage of water during the summer season in Dakshina Kannada district as per a review done by the district administration and the Panchayati Raj Department.

He said that periodic review will be conducted and based on that appropriate decisions will be taken.

Speaking to reporters on Sunday, February 23, Poojari said that the main source of water for Mangaluru, the Thumbe vented dam, has a steady inflow of water.

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News Network
January 19,2020

Bengaluru, Jan 19: Karnataka Chief Minister B S Yediyurappa on Sunday said he has had detailed discussions with BJP National President Amit Shah on the cabinet expansion and that the exercise would be carried out after his return from Davos.

The Chief Minister told reporters before leaving for Davos to attend the World Economic Forum meet that he hoped his visit would help bring in large-scale investments to the state. "On cabinet expansion, I had detailed discussions for about half-an-hour (with Amit Shah on Saturday), got a good response... one or two days after I come from Davos, I will expand the cabinet. There are no stumbling blocks for it", Yediyurappa said.

He also rubbished media reports about a lack of clarity on the Ministry expansion. "It is not right... there are no issues", he said.

Asked whether he would travel to Delhi to meet Shah after returning from Davos, Yediyurappa merely said, "It is natural for me to meet Amit Shah." According to the Chief Minister's tour programme, he will be back in the city on January 24.

Yediyurappa, along with Union ministers Piyush Goyal and Mansukh Mandaviya, as well as Chief Ministers Amarinder Singh of Punjab and Kamal Nath of Madhya Pradesh, are among those expected to join over 100 Indian CEOs at Davos in the coming days for the WEF's 50th annual meeting.

Stating that he was leaving on a four day trip for Davos with an aim to bring investments to the state, he said interactions have been fixed with 38 industrialists and investors. "There is a large possibility of investments coming to the state from meetings during the WEF meet. I will assure industrialists and investors that the government will give all necessary facilities within our limits and also clear all the doubts that they have," the Chief Minister said. He said employment opportunities in Karnataka would increase due to all these efforts.

Claiming that the economic situation in Karnataka was stable despite the global economic slowdown, he said the state was also organising the Global Investors Meet in November to attract industries and create employment opportunities.

The delegation led by Yediyurappa includes Industries Minister Jagadish Shettar, Chief Secretary T M Vijaya Bhaskar and top officials of the state government. The Chief Minister, who was anxiously waiting for the high command's nod to expand his ministry amid intense lobbying by the aspirants, was keen on getting approval for it from Shah, but was asked to visit Delhi after returning from Davos, party sources said.

They also said that with J P Nadda all set to take over as BJP National President, he would have final discussions with Yediyurappa on the Ministry expansion exercise. S R Vishwanath, Political Secretary to the Chief Minister too said that Yediyurappa would go to Delhi after his return from Davos and immediately expand the Ministry.

He said the Chief Minister has been asked to hold discussions with Nadda, who is currently BJPs National Working President and finalise things.

As the Chief Minister has already made it clear that 11 of the disqualified JDS-Congress MLAs who got re-elected in the bypolls on BJP tickets will be made ministers, lobbying has been on in the party for the remaining ministerial berths. Currently, there are 18 Ministers, including the Chief Minister in the cabinet that has a sanctioned strength of 34.

However, with some reports that the high command may not be keen on making all the 11 re-elected legislators, whom Yediyurappa has given assurance, as Ministers, it remains to be seen how things turn out. Cabinet expansion will not be an easy task for the Chief Minister as he will have to strike a balance by accommodating the victorious disqualified legislators as promised and also make a place for old guards, upset at being "neglected" in the first round of the induction exercise.

He also has to give adequate representation to various castes and regions in his cabinet and also deal with the allocation of key portfolios. Also, disqualified legislators who lost on a BJP ticket during the bypolls like A H Vishwanath (Hunsur) openly expressing their ministerial aspirations has added to the Chief Minister's worry.

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