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
February 3,2020

Dammam, Feb 3: Harish Bangera, 32, who was arrested in Kingdom of Saudi Arabia more than a month ago after offensive Facebook post went viral, has remained incommunicado.

Bangera, who hails from Goyadibettu in Bijadi village of Kundapur taluk, Udupi district, was an air-conditioning technician for a company in Dammam, capital of Saudi's eastern province.

He was arrested on December 20, 2019 after he posted derogatory messages on Facebook against crown prince Mohammad bin Salman and went on to claim that a Ram temple will be built in the holy city of Makkah too just like in Ayodhya where the Babri mosque was demolished.

Fearing legal action, he later posted a video pleading for forgiveness. “I have committed a mistake. Please forgive me. I will never upload any such posts again," he is seen saying in the video.

After his arrest, his roommate, who happens to be a Pakistani, has reportedly made several attempt to contact him, but in vain. He also has approached many Indian and Saudi authorities in his bid to get Bangera out of prison, sources said.

The Saudi authorities have not even responded to the messages of Indian Ministry of External Affairs. "We've made many efforts to contact the Saudi authorities but they haven't responded,” MEA sources said.

Comments

fairman
 - 
Monday, 3 Feb 2020

There can be many such people in the Kingdom. 

 

They should be identified and treated in the same way.

These are real terrorists, keep him few years in jail,  they should not be let free. Otherwise they will forget and commit again.

May God help us.

 

 

Suresh SS
 - 
Monday, 3 Feb 2020

Well done Saudi Authorities, this kind of mentality should be eleminated even any whare in any country we have many BJP dogs barking nonsence always all should be eleminated.

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News Network
January 5,2020

Ballari, Jan 5: Thousands of Muslims, joined by the members of various organisations, on Saturday staged a massive protest in the town condemning the provocative speech by Bellary MLA G Somashekar Reddy.

The police caned the agitators after they tried to lay siege to the house of BJP legislator.

The protesters holding national flag took out a rally from Kaul Bazaar, which passed through the major streets, and culminated at Gadagi Channappa Circle. They raised slogans against the BJP and burnt the effigy of Somashekar Reddy.

The protest sent the traffic haywire Gadagi Channappa Circle and the cascading effect of it was seen across the town. SP C K Babu told the agitators that the MLA has been booked for making provocative speech and pleaded them to hold a protest at Municipal College grounds. But the agitators were in no mood to relent.

Inspector General (Bellary Range) I G Nanjundaswamy has rushed to the town to oversee security. The BJP MLA on Friday made inciting remarks against minorities during his speech at a pro-CAA rally in the town.

FIR against Reddy

The Gandhinagar police in the town on Saturday registered an FIR against MLA Somashekar Reddy, for making a provocative speech, under IPC Sections 153 A (promoting enmity between two religions), 295A (insulting religious beliefs) and 505B.

During his speech at a pro-CAA rally on Friday, Reddy had said, "Hindus are 80% of the population while minorities are 17%. What will happen to you if we hit back? Hence, you should be very careful about your moves and steps."

The legislator came down heavily on those staging protests against CAA in Ballari. "We won't keep quiet if another protest is staged against the CAA. Each Hindu is like Shivaji. Nobody will be alive if all Hindus come out to streets holding swords," he had said.

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News Network
June 16,2020

Bengaluru, Jun 16: A woman employee at the Vikasa Soudha, next to Vidhana Soudha, the State Secretariat, was tested positive for COVID-19 on Tuesday.

Hence the authorities sealed the Food Department offices, which was in the ground floor of the building.

Employees of Vidhana Soudha and Vikasa Soudha were shocked after learning that one of their colleagues tested positive for the dreaded killer coronavirus.

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