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
February 21,2020

Bengaluru, Feb 21: Historian Ramachandra Guha on Thursday refuted Karnataka home minister Basavaraj Bommai's claim that the latter had apologised for police allegedly manhandling him during an anti-CAA protest in the city, saying he received no such call or apology.

The writer further said even if such an apology had been offered, he would have rejected it.

"The Home Minister of Karnataka has claimed on the floor of the State Assembly that he apologised to me by phone for the manhandling by the Bengaluru police on 19th December 2019. This is false.

I received no such call or apology," Guha tweeted.

"Even if such an apology had been offered, I would have rejected it.

The imposition of Section 144 was illegal (as the Karnataka High Court has since held) and I was proud to be one of thousands of peaceful protesters who defied the States arbitrary action on that day," he said in another tweet.

During his reply to the debate on law and order situation in the state, Bommai on Wednesday claimed that he had apologised to Guha.

The minister was apologising to senior Congress MLA and former Speaker K R Ramesh Kumar for police serving him notice and detaining him along with others at Mangaluru airport in December for trying to enter the city despite restrictions following violence there.

Stating that anti-CAA protests have taken place peacefully across the state, he had said, there might have been minor discrepancies, like that with historian Ramachandra Guha, being manhandled during a protest.

"I have called and apologised to him," he had said.

Guha was detained on December 19 for staging a demonstration against the Citizenship Amendment Act and National Register of Citizens at the Town Hall here, in defiance of the prohibitory orders imposed in the city.

He was taken away by police personnel and led to a police vehicle parked nearby.

Leader of Opposition in the assembly and former chief minister Siddaramaiah said Bommai has committed a "perjury" in the House, and asked him to apologise to people and Guha in front of media.

"Bommai has committed a perjury on the floor of the House. It answers the question of where @BJP4India workers derive their motivation to spread fake news.

Bommai has insulted the people whom he represents," he tweeted and demanded that he apologize to people and Guha.

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News Network
March 30,2020

New Delhi, Mar 30: Congress MP Rajmohan Unnithan on Monday approached the Supreme Court seeking directions to open the Karnataka-Kerala border to allow movement of ambulances and other emergency vehicles for the transport of essential items to Kerala.

Unnithan, who is an MP From Kerala's Kasaragod constituency, filed a plea seeking direction to Karnataka to open the borders with Kerala and in particular Kasargod-Mangalore border at Talappadi.

The petition sought directions to Karnataka to allow the movement of ambulances, emergency vehicles, trucks and other vehicles carrying essential and non-essential items to Kerala. It also sought to stay the blockade imposed by Karnataka with its border states.

The plea also sought directions to Karnataka to register an FIR and constitute a special investigation team (SIT) under the supervision of this court to enquire against the concerned authorities including the police officials whose action led to the death of two citizens.

It said that the imposition of such a blockade at a time when the supply of commodities is itself hit hard and when a medical emergency has plagued the entire country is a clear violation of Articles 21 and 19(d) of the Constitution.

"This blockade has also resulted in cutting off the essential lifeline of National Highways and State Highways and major District Roads leading to the State of Kerala which has resulted in the shortage of supply of essential and non-essential items to the State of Kerala leading to shortage supply of food and medical supplies," the plea said.

"This ill-planned and dangerous blockade has claimed the life of a 70-year-old woman who was denied entry into Karnataka even for the purpose of urgent medical treatment which was only available in the medical hub of Mangalore. This is a clear case of violation of the right to life with dignity by the state as citizens are made to die on the roads because of the action of the state which is in total disregard to Article 21," it added.

This comes as the country is under a 21-day lockdown to prevent the spread of coronavirus, which according to the Ministry of Health and Family Affairs has claimed the lives of 29 people and infected a total of 1071 people as on Monday morning.

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News Network
April 14,2020

Bengaluru, Apr 14: The Congress in Karnataka on Tuesday welcomed the extention of the COVID-19 lockdown till May 3, though it flayed Prime Minister Narendra Modi for not announcing any programme to support the slowed down economy.

Reacting to the lockdown extension, Congress president D K Shivakumar said it was much needed to control the virus but expressed his displeasure for not offering any relief measure to uplift the economy which is witnessing slump.

"We had expectation that some package would be offered but that was not done. The manufacturing sector, service sector, agriculture sector and even the medical sector was looking for some relief but that was not the talking point of the Prime Minister," Shivakumar told reporters.

However, he maintained that the party would cooperate with the Centre in its fight against COVID-19.

Leader of the Opposition Siddaramaiah said he was "disappointed" that there was no programme announced to improve the economy, which is at the lowest level in 30 years.

"The economy has collapsed. Never ever in 30 years it had witnessed such a downfall. Industries are closing down.

Agriculture in bad shape. poeple have no money. Villages are in distress," the former chief minister said.

He opined that Modi should have make some announcement with regard to economic programmes and assistance to the weaker section.

"Labourers today are on the streets. Their programmes do not touch them. People had lots of expectations which are now meaningless," Siddaramaiah said.

However, he underlined that he does not oppose the lockdown and appealed to the people to support it wholeheartedly.

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