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

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
March 10,2020

Bengaluru, Mar 10: Techies living in a Whitefield apartment block where the city's first Coronavirus patient was residing have been asked to work from home.

The Karnataka government is in touch with the heads of IT and ITES companies, some of which are said to have asked their staff to work from home.

Deputy Chief Minister Dr C Ashwath Narayan, who also holds the IT and BT Portfolio, said the government had directed the companies to explore giving their employees the work-from-home option.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
May 27,2020

Bengaluru, May 27: Amid uncertainty caused by the Covid-19 pandemic, which has disrupted school education in Karnataka, the state government is seeking the help of the Union Ministry of Information and Broadcasting to televise classes, a state minister said on Tuesday.

"We request you to provide minimum three channels on the Doordarshan network exclusively for the Department of Public Instruction, Government of Karnataka," Primary and Secondary Education Minister Suresh Kumar said in a letter to Union I&B Minister Prakash Javadekar.

Suggesting co-branding the channels under DD and the state education department, he asked for the channels to be mandatorily transmitted by the cable and DTH operators under the Cable Act.

The state education department has already discussed with Prasar Bharti officials, who, according Kumar, have assured 3+3 hours of timeslots on the education channel Chandana on cost basis.

"We have also made all the necessary arrangements for content creation by the teachers," he said.

Meanwhile, the minister has revealed that television is the best medium for the students as a home learning mode in these challenging times.

"The department of public instruction reviewed various technological options and considered TV as one of the best means for home learning," Kumar said.

In a survey conducted by the education department, it was found out that 95 per cent households had television sets.

Kumar said the state operates government schools in nine languages, including Kannada, English and Urdu.

"To cater to all the students, and considering a long-term strategy to run schools by maintaining social distancing, we are in immediate need of minimum three exclusive channels to teach through TV," he said.

According to Kumar, the Karnataka government is facing hardships to meet the capital expenditure requirements, hence, it is seeking help from the I&B Ministry.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Agencies
February 4,2020

Lucknow, Feb 4: Even as anti-NRC protests continue to rage across the country, the Lucknow University has queered the pitch by demanding citizenship proof from RTI applicants.

The Lucknow University (LU) refused to provide the information sought by the people who filed the Right to Information (RTI) unless they furnished the proof that they were Indian citizens.

Alok Chantia, one of the RTI applicants who was refused information by the varsity, said that he had lodged a complaint with the vice-chancellor of the varsity but even then he could not get the desired information.

"It is shocking how the university has twisted the RTI law as per its whims and fancy. It does not have any authority to do so," said the RTI applicant.

Chantia, also a faculty member at a degree college here, had sought details of appointment of teachers for self-financed courses and their pay scale.

"It is possible that some applicants who may not be familiar with the provisions of the RTI, may have furnished proof of their citizenship to the varsity to get the information but that cannot become a rule," he pointed out.

When contacted, university officials admitted that such a practice had been going on in the varsity for the past few years.

"This practice started during the tenure of the former vice-chancellor S.P. Singh and still continues," said a senior varsity official.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.