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
June 12,2020

Mangaluru, June 12: Juma prayers were held in dozens of mosques across coastal district of Dakshina Kannada including the city of Mangaluru for the first time in nearly three months upholding all the safety norms including physical distancing. 

For the first time in the recent history of Mangaluru, juma prayers were stalled in all the mosques for 11 consecutive weeks as part of nationwide coronavirus lockdown. 

While many mosques were reopened for the congregational prayers in the region on June 8 (Monday) after receiving approval from the government, many others are yet to be opened as Muslim religious leaders are taking additional precautionary measures to prevent the spread of covid-19 apart from following all the guidelines issued by the government.

“Around 400 people participated in the Juma prayer at Zeenat Bakhsh Juma Masjid. All the safety guidelines were followed. Sadaqatul Nadwi delivered the sermon and led the prayers,” S M Rasheed Haji, executive member of the mosque committee told coastaldigest.com.

“As per the guidelines, devotees performed Wudu (ablution) at their homes and also carried their own musalla (prayer mat) to the mosque,” said a Jalaluddin, a cleric who offered Juma prayers in Ullal.  

The guidelines issued by the government to the mosques also include disinfecting the premises at regular intervals, maintaining physical distance, wearing masks and finishing prayers in “minimum permissible time”.

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News Network
June 4,2020

Bengaluru, Jun 4: Karnataka opposition leader Siddaramaiah created a flutter on Wednesday saying many disgruntled BJP leaders had met him.

"Many disgruntled BJP lawmakers have met me and, of course, expressed their displeasure," tweeted Siddaramaiah.

Congress leader Siddaramaiah''s statements assume significance as recently several reports emerged highlighting some north Karnataka legislators meeting over dinner to put pressure on Chief Minister B.S. Yediyurappa to expand the cabinet and offer them ministerial roles.

North Karnataka leaders such as Umesh V. Katti, Chitradurga MLA G. H. Thippareddy and Vijayapura MLA Basanagouda Patil Yatnal and others met over dinner.

However, the Chief Minister said he was too busy to even look at the dissidence because he is occupied with development work of the state and fighting Covid.

Siddaramaiah, the former chief minister, alleged that Yediyurappa''s son Vijayendra is functioning as a non-constitutional chief minister.

"This is true in the BJP. That dissent will continue. We are not responsible if the government collapses," he pointed out.

The Congress leader said Karnataka has stooped to the level of not being in a position to even pay salaries to its employees.

"The state was the first in economic discipline during our government. Now the government has no money to pay salaries to government employees. Not only the state but the entire country is financially bankrupt," he said.

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coastaldigest.com news network
May 12,2020

Manama: Kannada Sangha Bahrain President Mr. Pradeep Shetty and Vice President of Bahrain's prestigious KHK HEROES Foundation Mohammed Mansoor on Monday, May 11, met The Second Secretary (Consular & CW) of the Embassy of India, Bahrain Mr. P. K. Chowdhury in the Indian Embassy. 

The situation, problems and relief of Indians and Kannadigas residing in Bahrain during the COVID 19 Pandemic was discussed in detail. The distribution of food (dry ration) kits, as well as those seeking repatriation, was also discussed in the meeting.

When asked about the repatriation of distressed Kannadigas, the Second Secretary said that though the number of Kannadigas who wish to return home is not much compared to the rest of the states, still Embassy is compiling all the information and will do the needful soon. 

Mr. Shetty and Mr. Mansoor told the Second Secretary that those who are in problem can contact them and they are ready to do their best.

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