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
April 24,2020

Riyadh, Apr 24: As many as eleven Indian nationals have died due to COVID-19 in Saudi Arabia.

"As per information available with the Embassy as of April 22, eleven Indian nationals (four in Madinah, three in Makkah, two in Jeddah, one in Riyadh and one in Dammam) have passed away due to COVID-19 in Saudi Arabia," the Embassy of India in Saudi Arabia said in a press release on Wednesday.

It urged the Indian community to remain calm and avoid spreading of rumours amid the COVID-19 crisis.

"The Embassy also reiterates the need for the community to remain calm and avoid spreading of rumours that may create panic. It is important that social media is not used to disseminate false messages and spread hatred along communal lines that can vitiate the atmosphere," the Embassy said.

"As stated by Prime Minister Narendra Modi, COVID-19 does not see race, religion, colour, caste, creed, language or borders before striking, and our response and conduct should attach primacy to unity and brotherhood," it said.

Moreover, several measures on the supply of food, medicines and other emergency assistance to Indians in need are being implemented across the Kingdom.

Earlier, Indian Ambassador to Saudi Arabia, Ausaf Sayeed on April 22 had interacted with Indian community volunteers from the smaller towns all across the Kingdom to discuss the impact of the COVID-19 situation, and evaluate the implementation of various measures to ensure the welfare of Indian nationals.

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News Network
May 1,2020

Bengaluru, May 1: Chief Minister BS Yediyurappa on the occasion of International Labour Day has appealed to migrant workers in the state to stay back and co-operate with it in resuming economic activities once the Central government issues further directions.

"It is my sincere request to all the migrant workers to stay back in the state and co-operate with us to resume the economic activities once we receive directions from Union Government," Yediyurappa said in a release issued by the CMO.

"COVID-19 situation in India is much better than other countries because of people's cooperation.

We intend to resume economic activities soon. The government has already held a meeting with representatives of associations of commerce and industry in this regard. The government has also appealed to the employers to protect the interest of their workers and pay salaries," he added.

The ongoing nationwide lockdown, imposed to contain the coronavirus spread, is scheduled to end on May 3.

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News Network
March 21,2020

New Delhi, Mar 21: The Indian Railways has cancelled all train services on Sunday in view of the Janata Curfew called by prime minister Narendra Modi. All mail and express trains will stop services from 4 am to 10 pm on Sunday while all suburban train services will be reduced to a bare minimum.

Around 1,300 long-distance, mail express services will also stand cancelled in light of the curfew to bat Covid-19. These long distance trains will remain cancelled between 4 am to 10 pm on Sunday.

All passenger trains originating between the midnight of Saturday-Sunday will not be run till 10 pm, Sunday, a railway ministry official said.

However, the passenger train services already on run at 7 am on the day will be allowed to run to the destinations, a railway ministry circular to zonal railways issued on Friday said.

The Indian Railways operates around 9,000 passenger trains and 3,500 mail express services each day.

“We have sent a directive to all zonal railways, and they will get back with the total number of train services affected, by Saturday afternoon,” an official ET spoke with, said.

In his address to the nation on Thursday, the Prime Minister called for a ‘janta curfew’ between 7 am to 9 pm on Sunday, in a social-distancing drive amid the coronavirus outbreak.

Passengers alighting at enroute stations from trains already on run, and desirous of staying at the station, may be accommodated in the waiting rooms at railway stations, without overcrowding them, the circular said.

The ministry has advised zonal railways to arrange for hassle-free refund to passengers affected because of cancelled trains, while regulating train services on Sunday.

Meanwhile, to contain the spread of Covid-19, all the food plazas, jan aahar stalls have been advised to be shut until further notice by IRCTC.

The on-board catering services in mail express trains are to be closed until further advice, while static units supplying meals to prepaid trains in operation, will continue to function.

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