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 13,2020

Bengaluru, Jul 13: In an attempt to avoid the ugly scene of migrant workers walking to their native places due to the current week-long lockdown imposed in the state, the Karnataka State Road Transport Corporation (KSRTC) is running 1,600 additional buses on Monday and Tuesday to help them return safely.

The KSRTC has already run 249 additional buses from the State capital and has so far ferried 6,641 passengers and 231 buses have been booked.

The KSRTC appealed to the public not to panic as additional buses have been deployed. "After ensuring social distance and conducting thermal screening, passengers will be allowed to travel. It has already been planned to operate additional buses," the corporation stated in a press release here.

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News Network
January 2,2020

Tumakuru, Jan 2: Prime Minister Narendra Modi on Thursday paid respects to the 'Gadduge' (final resting place) of Shivakumara Swamiji at Siddaganga Math, a prominent Lingayat seminary here, and said the Swamiji's work would continue to inspire everyone.

The Swamiji, who was known as the 'Walking God' among his countless followers, had passed away last year at the age of 111. The Prime Minister, who arrived at the Yelahanka Airbase in Bengaluru, went directly to Tumakuru, where the Math is located, by a chopper along with Chief Minister B S Yediyurappa, Union Minister Pralhad Joshi and former Chief Minister D V Sadananda Gowda among others. Modi, after offering respects to the 'Gadduge', planted Bilva plant (Aegle marmelos) on the premises of the Math and also laid the foundation for the construction of a museum dedicated to Swamiji here before addressing the gathering, largely comprising students. Speaking on the occasion, Modi said he was feeling blessed to begin 2020 from the sacred land of Siddaganga, but at the same time was feeling the "vacuum" in the absence of Shivakumara Swamiji. "It is rare see the number of people swamiji had inspired during his life time. I'm really fortunate to lay the foundation for the museum in swamiji's memory. Through this museum, his works will continue to inspire generations," he said. Also, Prime Minister remembered Vishwesha Theertha of Udupi's Pejawar Math who passed away recently. Yediyurappa and the present pontiff of the Math Siddalinga Swamiji were among the others present. Known as "trivida dasohi" for his triple sacraments - food, shelter and education - among his followers, Shivakumara swamiji was considered as the incarnation of Basavanna, the 12th-century social reformer, as he accepted all irrespective of their religion or caste. There has been a growing clamour from people of different walks of life, including politicians, for conferring "Bharat Ratna" on the late Swamiji.

After the Swamiji's demise, the then Chief Minister H D Kumaraswamy had written to Modi urging him to confer the country's highest civilian order on the late seer.

Opposition Congress on Thursday questioned the Prime Minister about not conferring the"Bharat Ratna" on Shivakumara Swamiji.

Questioning Modi as to why he did not visit Tumakuru when Shivakumara Swamiji of Siddaganga Math passed away, the principal opposition party in the state assembly in a tweet also sought to know why the seer was not conferred with the Bharat Ratna yet, while pointing out that former Chief Minister Siddaramaiah had written a letter in this regard in January 2018.

The present seer of the seminary Siddalinga Swamiji presented Modi a silver statue of Shivakumara Swamiji as a memento.

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coastaldigest.com news network
January 30,2020

Mangaluru, Jan 30: A day-long ‘satyagrah’ by women followed by formation of human chain marked the Martyrs’ Day, the death anniversary of Mahatma Gandhi, in Mangaluru.

The organisers were ‘We, the People of India’, whose sole intention was to safeguard constitution of India and raise voice against those to attack the constitution.

Amidst nationwide agitation by ‘We, the People of India’ against contentious CAA, NRC, the women of Manglauru have decided to hold satyagrah and form a human chain in front of the office of the Deputy Commissioner in the heart of the city on January 30.

The Satyagrah commenced at 10 a.m. At 4:30 p.m. a human chain will be formed. At 5.17p.m. when the father of the nation was gunned down 72 years ago during his evening prayer at Birla House by Godse, the demonstrators raised the slogan of unity to defeat the ideology of Godse.

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Wellwisher
 - 
Friday, 31 Jan 2020

A Salute to all these Magalorean courageous women's unity and patriotism.

 

 
Long Live India Jai Hind!

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