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
July 3,2020

Brahmavar, Jul 3: Two friends drowned accidentally in a rivulet while catching fish near Barkur in Brahmavar taluk of Udupi district today.  

The deceased have been identified as Karthik (20), a final year B.Com student, and Harsha (26), who was working as a recovery agent for a local finance company. Both were local residents. 

The incident took place around 8 a.m. when they were trying to catch fish. Even though a few locals were there on the spot they could not save the duo as the water level has increased in the rivulet due to rains. After an hour the bodies were fished out. 

A case was registered at Brahmavar police station and investigations are on.

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News Network
February 27,2020

Benagluru, Feb 27: The sudden hike in bus fares by the state-run transport corporation has triggered a public outrage and protests by the opposition Congress and the Janata Dal-Secular (JD-S) in Karnataka.

Terming the hike as anti-people and inflationary, the Congress urged the ruling BJP to withdraw it forthwith and spare the commuters from the additional burden.

"KSRTC and its affiliates should not further burden the people when the cost of living has gone up and its bus service is used by the majority in the absence of trains in many regions of the state," said Ravi Gowda of the Congress.

In a surprise announcement on Tuesday night, the Karnataka State Road Transport Corporation (KSRTC) and its two affiliates -- North Eastern Karnataka Road Transport Corporation (NEKSRTC )and North Western Karnataka Road Transport Corporation (NWKSRTC) -- increased bus fares by 12% with effect from Wednesday, drawing the ire of commuters and opposition parties alike.

Condemning the fare hike, JD(S) leader and former Chief Minister H D Kumaraswamy urged the KSRTC to roll back the revised fares and give relief to the common man reeling under price rise due to CGST, SGST and food inflation.

"The BJP government has deliberately increased the bus fare ahead of the state budget for 2020-21 fiscal on March 2, catching people unawares. Though student passes have been spared from the hike, regular passengers are forced to pay Rs 5-32 more instead of getting better efficiency, management and productivity," Kumaraswamy said in a statement in Bengaluru.

It's an additional burden on us, said Bengaluru resident K. Venkatesh, while adding,

"The 12 percent hike in bus fares by the KSRTC and its north-east and north-west affiliates from Wednesday will hit passengers hard and make commuting costly.”

"The fare hike will negate the state government's efforts to encourage public transport service and force passengers to travel on the train, which is cheaper, faster and safer," asserted Venugopal Gupta, a cloth merchant in the city.

Justifying the hike, KSRTC Managing Director Shivayogi Kalasad told media that the hike was inevitable due to the steady increase in diesel price, dearness allowance in staff salary and overall cost of operations.

"Since the last fare revision came in May 2014, the operational cost has gone up substantially due to Rs 11.27 per litre hike in diesel price, increase in DA to employees and repairing, maintenance and fleet management costs," Kalasad said.

The financial burden due to fuel price hike is Rs 261 crore, DA Rs 341 crore and operational cost Rs 601 crore per annum for KSRTC alone, he said.

"For the benefit of rural passengers, fares have been reduced to Rs 5 from Rs 7 for the first 3 km. There is no increase in fares for the first 12 km and up to first 6 km in express service," Kalasad added.

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News Network
April 24,2020

Kasaragod, Apr 24:  Stricter measures have been enforced in more places in this district, as part of intensifying efforts aimed at containing the spread of Covid19.

According to District Collector Dr Sajith Babu, the new norms of intensified lockdown would be enforced in Kumbala, Mogral-Puthur, Chemmanad, Madhur, Muliyar and Kumbala grama panchayats, being identified as new hotspots in the district.

Earlier, door-to-door police patrolling at regular intervals have been implemented in Thalankeri, Choori, Kalanad and Nellikkunnu, where more positive cases of Covid-19 has been reported.

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