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
July 3,2020

Bengaluru, Jul 3: Karnataka on Friday reported its biggest single day spike of 1,694 new COVID-19 cases, taking the taking the total number of infections in the state to 19,710, the Health department said.
The state also recorded 21 fatalities pushing the number of deaths to 293.

The day also saw 471 patients getting discharged after recovery; even as 201 patients in the state were undergoing treatment in ICU. Of the 1,694 fresh cases reported on Friday, a whopping 994 cases were from Bengaluru Urban alone.

As of July 3 evening, cumulatively 1,9710 COVID-19 positive cases have been confirmed in the state, which includes 293 deaths and 8,805 discharges, the Health department said in its bulletin.

It said, out of 10,608 active cases, 10,407 patients are in isolation at designated hospitals and are stable, while 201 are in ICU.

The 21 dead include five from Bengaluru Urban, three each from Chikkaballapura and Kalaburagi, two each from Vijayapura and Shivamogga and one each from Ballari, Hassan, Davangere, Bidar, Raichur and Bengaluru Rural.

Out of 21, fourteen are men between the age 48-87 years, and seven women between 25-75 years.

Those dead include those with the history of Severe Acute Respiratory Infection (SARI), Influenza-like illness (ILI), inter-state and inter-district travel and cardiac patients.

The contact history of at least four dead people is under tracing.

Out of 1,694 positive cases on Friday, contacts of the majority of the cases are still under tracing.

Among the districts where the new cases were reported, Bengaluru Urban accounted for 994, followed by 97 from Ballari

and Dakshina Kannada, Kalaburagi 72, Tumakuru 57, Bengaluru Rural 44, Dharwad 38, Mysuru 35, Mandya 33, Bidar 28, Chamarajanagara 24, Shivamogga 23, Gadag 19, sixteen each from Udupi and Kodagu, Yadgir 14, thirteen each from Hassan and Belagavi, Kolar 11.

Bengaluru Urban district tops the list of positive cases, with a total of 7,173 infections, followed by Kalaburagi (1,560) and Udupi (1,258). Among discharges, Kalaburagi tops the list with 1,143 followed by Udupi (1,093) and Yadgir (855).

A total of 6,71,934 samples have been tested so far, out of which 18,307 were tested on Friday alone.

So far 6,35,582 samples have been reported as negative, and out of them 16,290 were reported negative on Friday.

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News Network
April 19,2020

Bengaluru, Apr 19: Karnataka Deputy Chief Minister CN Ashwath Narayan on Sunday said that "only essential and critical number of" employees of the Information Technology (IT) companies will be allowed to work from offices from April 20 onwards in Bengaluru, while others will have to continue working from home.

"Only essential and critical number of employees required will be allowed to turn up. In the next two days, it will be reviewed and a suitable decision will be taken. 

All the details will be communicated to the IT companies," Narayan said here.

Earlier on Saturday, in a meeting to review COVID-19 situation in Karnataka, it was considered that one-third of the employees of IT and biotechnology companies could be allowed to work from the office premises, while the rest should continue to work from home.

Earlier on April 17, the Deputy CM, after holding a video conference meeting with heads of the IT and biotechnology companies, had told reporters that up to 50 per cent of the workforce would have the opportunity to function from office premises after April 20.

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News Network
February 21,2020

Chikkamagaluru, Feb 21: Alleged Bharatiya Janata Party supporters threw stones at Amulya Leona’s father’s house at Gullagadde near Koppa on Thursday night, after she was charged for making objectionable remarks at a public programme in Bengaluru.

Amulya Leona’s father Wazi said that the incident, which left window panes and doors damaged, took place at around 7.30 p.m. “They are all BJP supporters. They were in a group. I have complained to the police with the names of a few who led the group,” he said.

Three policemen have been deployed at his house since Thursday night.

Amulya Leona, a B.A. student, was charged with sedition after she raised pro-Pakistan slogans at a protest against the Citizenship (Amendment) Act in Bengaluru.

Mr. Wazi, who owns a two-acre areca plantation and runs a poultry farm, said he condemned the statement made by his daughter and he would not make any attempts to get her bail. “Let the law take its course. I cannot approve of her statement,” he said.

He said he had cautioned his daughter against getting involved in protests. “I told her to complete studies first and later she could fight for poor people. But what she said yesterday is not acceptable. I don’t know what made her so. I hope a probe would bring out who prompted her to make such statements,” he said.

Mr. Wazi said he has been politically active for several years, and had earlier worked for former education minister H.G. Govinde Gowda. He then shifted to the BJP and worked in support of D.N. Jeevaraj, who represented Sringeri constituency last time, and current Udupi-Chickmagaluru MP Shobha Karandlaje. “I have worked for the BJP in the past. As Govinde Gowda’s son contested on JD(S) ticket for Sringeri seat, I supported him”, he said.

Meanwhile, a video clip that went viral on Thursday night showed a group of Bajrang Dal activists compelling Mr. Wazi to shout ‘Bharat Mata ki Jai’. “I have no hesitation in raising ‘Bharat Mata Ki Jai’ slogans,” said Mr. Wazi, adding that his statement was taken forcibly. “I am a patriot. Many writers, activists and politicians have come to my place over the years,” he said.

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